One of the central issues in comparative law and political economy is whether the forces of globalization will result in the convergence of public policies across countries. Noting in particular that taxes collected still cover a considerable range across industrialized countries — from a low of 20% of GDP to a high of 50% — some have argued that globalization has not resulted in a loss of tax sovereignty. However, following a review of the evidence, in this Article we conclude (...) that globalization has had significant but subtle effects on tax levels and structures. Moreover, these pressures will make it increasingly difficult for countries to raise revenue to finance new public needs and to structure their tax systems in order to achieve a more socially acceptable distribution of income than what market forces dictate. Tax levels in most countries have remained essentially flat over the past twenty years, but there is a host of reasons for thinking they would have continued to rise were it not for the pressures of globalization. Statutory corporate tax rates have declined dramatically and, although corporate tax revenues have remained robust, this has been due to factors unrelated to deliberate tax policy choices. Personal marginal tax rates have also declined sharply and tax revenues have been increasingly raised by regressive consumption taxes. These trends stem from tax competition brought on by the forces of globalization, not from changing ideas or other political variables. In this Article we conclude that in order to prevent tax competition from completely eroding the ability of countries to fashion their own tax systems, there will have to be considerable cooperation among the major countries and some harmonization of aspects of their tax systems, particularly as they apply to footloose factors of production. (shrink)

It became customary in the eighteenth century to praise Longinus in ways that mimicked one of his own favorite turns of thought—to identify enthusiastically two elements that would more commonly be thought of as quite distinct. To say, with Boileau and Pope, that Longinus “is himself the great Sublime he draws,” or to profess to doubt, as Gibbon did, “which is the most sublime, Homer’s Battle of the Gods or Longinus’ apostrophe…upon it,” is knowingly to override certain conventional lines of (...) demarcation—between writers and their subject matter, between text and interpretation—very much in the manner of Longinus overriding the distinction between Homer and his heroes, between sublime language and its author , or between sublime poet and his audience .1 Longinus’ admirers, struck by the force of the treatise, are usually willing to release him from the strictures of theoretical discourse and allow him the license of a poet; they are likely to appreciate his transgressions of conventional limits without ever calling them into question. It has been left to more skeptical readers, wary of Longinus’ “transports,” to draw attention to his odd movements of thought: W. K. Wimsatt, for example, is unsympathetic but acute when he accuses Longinus of “sliding” from one theoretical distinction to another, a slide “which seems to harbor a certain duplicity and invalidity.”2 Wimsatt is right: something one might want to call a “slide” is observable again and again in the treatise, and not merely from one theoretical distinction to another. One finds in the treatise a rhetorician’s argument conducted with great intelligence and energy, but one also discovers that it is remarkably easy to lose one’s way, to forget which rhetorical topic is under consideration at a particular point, to find oneself attending to a quotation, a fragment of analysis, a metaphor—some interestingly resonant bit of language that draws one into quite another system of relationships. I want to attempt to follow that movement here, to hold it in mind and to question its implications. I will look closely at a number of passages in which Longinus interweaves language of his own with that of the authors he admires—for it is here, out of the play of text with quotation and of quotations with one another, that the most interesting meanings as well as the peculiar power of the treatise are generated.1. ‘Longinus’ On Sublimity, trans. D. A. Russell , 9. 2, 7. 2; all further references to this work will appear in text, though I have changed a word or two of Russell’s translation in the interests of a more literal rendering of the Greek. I am indebted to another recent translation, G. M. A. Grube’s Longinus On Great Writing , and more particularly to the ample and intelligent introduction and notes accompanying Russell’s edition of the Greek text, ‘Longinus’ On the Sublime .2. W. K. Wimsatt, Jr., and Cleanth Brooks, Literary Criticism: A Short History , p.101. (shrink)

Essays devoted to the work of the late Neil Wilson, Canadian philosopher and contributor to the field of semantic analysis that emerged from the fusion of logic, pragmatism, and ontology. Many of the essays in this volume take their initial inspiration from Wilson's seminal work Substances Without Substrata.

"By combining recent advances in the physical sciences with some of the novel ideas, techniques, and data of modern biology, this book attempts to achieve a new and different kind of evolutionary synthesis. I found it to be challenging, fascinating, infuriating, and provocative, but certainly not dull."--James H, Brown, University of New Mexico "This book is unquestionably mandatory reading not only for every living biologist but for generations of biologists to come."--Jack P. Hailman, Animal Behaviour , review of the first (...) edition "An important contribution to modern evolutionary thinking. It fortifies the place of Evolutionary Theory among the other well-established natural laws."--R.Gessink, TAXON. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

Can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice. Ultimately, Just Responsibility offers a theory of global injustice and political responsibility that can guide action.

In the Law of Civilisation and Decay, Adams considers various societies and civilisations by the symbolism, manner and influence of their coinage, and concludes that a society or civilisation becomes sapped of its culture-vigour, when entering a cycle where money becomes the dominant factor rather than merely serving as a mechanism.

Many normative political theorists have engaged in the systematic collection and/or analysis of empirical data to inform the development of their arguments over the past several decades. Yet, the approach they employ has typically not been treated as a distinctive mode of theorizing. It has been mostly overlooked in surveys of normative political theory methods and methodologies, as well as by those critics who assert that political theory is too abstracted from actual political contestation. Our aim is to unearth this (...) grounded normative theory (GNT) approach – to identify its definitive practices and highlight its potential significance. We detail four overlapping commitments characteristic of GNT. These include commitments to expanding the comprehensiveness of input for normative arguments through original empirical research and/or analysis, recursivity in the development of normative claims, attentiveness to the systematic inclusion of a range of voices and ways of knowing, and accountability to those engaged by the theorist in empirical contexts. We discuss methodological distinctions within GNT, including between more- and less-solidaristic approaches. We discuss how GNT answers calls for theorists to engage more closely with empirical political dynamics and we consider responses to possible critiques. (shrink)

This is Thomas Reid's greatest work. It covers far more philosophical ground than the earlier, more popular Inquiry. The Intellectual Powers and its companion volume, Essays on the Active Powers of Man, constitute the fullest, most original presentation of the philosophy of Common Sense. In the process, Reid provides acutely critical discussions of an impressive array of thinkers but especially of David Hume. In Reid's eyes, Hume had driven a deep tendency in modern philosophy to its ultimate conclusions by creating (...) a phantom-world of so-called 'ideas' that sprang from objects of observation; the self was a conglomeration of perceived ideas; and the will as the source of action was nothing but the balance of passionate impulses. -/- Reid's Common Sense philosophy answers these problems by suggesting that sceptics, such as Hume, unavoidably affirm what they purport to deny, namely the existence of a stable external world, of other minds, of the continuity of their own minds, and of their own and other people's ability to ascribe and accept responsibility for actions. We can understand all of this by proper empirical observation and philosophical analysis of the activity of the mind. Reid's major positive contribution to philosophy is a detailed account of the various innate powers of the mind. While particularly influential in the first half of the nineteenth century, Reid's work has retained a significant role in philosophy, not least in recent years. At the same time, his role in the Scottish Enlightenment is becoming much better understood. -/- This is the only properly established text. It is accompanied by manuscript lectures on the nature and immortality of the soul, as well as helpful editorial annotation and introduction, making it useful to a wide variety of readers. -/- Key Features: -/- Accurate, reliable and critically established text; The Introduction explains the work's genesis and its place in Reid's system; Annotations provide an understanding of Reid's context; An Appendix contains manuscript material covering an important topic not represented in the hitherto published work. (shrink)

One of the major contributions which Christopher Hookway has made to pragmatist epistemology is a critical exploration of the role that affective dispositions play in inquiry. According to Hookway, a well-functioning rational inquirer must rely upon a set of pre-reflective and affective dispositions which are not themselves fully available to rational evaluation. Despite their pre-reflective nature, on the pragmatist account these affective dispositions provide us with judgments and evaluations which are in many cases more reliable than those provided by explicit (...) rational reflection. -/- This chapter presents and defends Hookway’s account of the epistemic importance of our affective dispositions. The first section presents three roles which affective dispositions play within inquiry. The second section considers the concern that affective dispositions should be considered impositions upon our epistemic agency. In response, Hookway suggests that we must identify with our affective dispositions, and two interpretations of this claim are offered. The third section considers the possibility that the confidence we have in our affective dispositions might be appropriately shaken if we recognize that they are not shared by other inquirers. The chapter concludes by suggesting that Hookway’s position can overcome this worry by developing his notion of critical self-trust in three distinct ways. (shrink)

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

From the diverse work and often competing insights of women's human rights activists, Brooke Ackerly has written a feminist and a universal theory of human rights that bridges the relativists' concerns about universalizing from particulars and the activists' commitment to justice. Unlike universal theories that rely on shared commitments to divine authority or to an 'enlightened' way of reasoning, Ackerly's theory relies on rigorous methodological attention to difference and disagreement. She sets out human rights as at once a research ethic, (...) a tool for criticism of injustice and a call to recognize our obligations to promote justice through our actions. This book will be of great interest to political theorists, feminist and gender studies scholars and researchers of social movements. (shrink)

Thomas Reid (1710–96) is increasingly being seen as a highly significant philosopher and a central figure in the Scottish Enlightenment. This new edition of Reid's classic philosophical text in the philosophy of mind at long last gives scholars a complete, critically edited text of the Inquiry. The critical text is based on the fourth life-time edition (1785). A selection of related documents showing the development of Reid's thought, textual notes, bibliographical details of previous editions and a full introduction by the (...) editor makes this an important contribution to the study of this increasingly respected philosopher. -/- Key Features - Complete, critically edited text of the Inquiry accompanied by a judicious selection of manuscript evidence relating to its composition - Comprehensive Introduction providing an historical and philosophical account of the formation of the Inquiry - Detailed textual notes which include bibliographical details and allusions, translations, references to secondary literature and selected passages from Reid's manuscripts. (shrink)

Given the tremendous proliferation of student plagiarism involving the Internet, the purpose of this study is to determine which theory of ethical reasoning students invoke when defending their transgressions: deontology, utilitarianism, rational self-interest, Machiavellianism, cultural relativism, or situational ethics. Understanding which theory of ethical reasoning students employ is critical, as preemptive steps can be taken by faculty to counteract this reasoning and prevent plagiarism. Additionally, it has been demonstrated that unethical behavior in school can lead to unethical behavior in business; (...) therefore, correcting unethical behavior in school can have a positive impact on organizational ethics. To meet this objective, a content analysis was conducted on the written records of students formally charged with plagiarizing at a large West Coast university. Each case was classified according to the primary ethical reasoning that the student used to justify plagiarism. Results indicate that students predominately invoke deontology, situational ethics, and Machiavellianism. Based on these findings, specific recommendations are offered to curb plagiarism. (shrink)

In Political Theory and Feminist Social Criticism, Brooke Ackerly demonstrates the shortcomings of contemporary deliberative democratic theory, relativism and essentialism for guiding the practice of social criticism in the real, imperfect world. Drawing theoretical implications from the activism of Third World feminists who help bring to public audiences the voices of women silenced by coercion, Brooke Ackerly provides a practicable model of social criticism. She argues that feminist critics have managed to achieve in practice what other theorists do only incompletely (...) in theory. Complemented by Third World feminist social criticism, deliberative democratic theory becomes critical theory - actionable, coherent, and self-reflective. While a complement to democratic theory, Third World feminist social criticism also addresses the problem in feminist theory associated with attempts to deal with identity politics. Third World feminist social criticism thus takes feminist theory beyond the critical impasse of the tension between anti-relativist and anti-essentialist feminist theory. (shrink)

Neil E. Williams develops a systematic metaphysics centred on the idea of powers, as a rival to neo-Humeanism, the dominant systematic metaphysics in philosophy today. Williams takes powers to be inherently causal properties and uses them as the foundation of his explanations of causation, persistence, laws, and modality.

This Element explores what it means for two theories in physics to be equivalent, and what lessons can be drawn about their structure as a result. It does so through a twofold approach. On the one hand, it provides a synoptic overview of the logical tools that have been employed in recent philosophy of physics to explore these topics: definition, translation, Ramsey sentences, and category theory. On the other, it provides a detailed case study of how these ideas may be (...) applied to understand the dynamical and spatiotemporal structure of Newtonian mechanics - in particular, in light of the symmetries of Newtonian theory. In so doing, it brings together a great deal of exciting recent work in the literature, and is sure to be a valuable companion for all those interested in these topics. (shrink)

This essay presents an ideal for modern Western romantic love.The basic ideas are the following: people want to form a distinctive sort of plural subject with another, what Nozick has called a "We", they want to be loved for properties of certain kinds, and they want this love to establish and sustain a special sort of commitment to them over time.

On his death in 2007, Richard Rorty was heralded by the New York Times as “one of the world’s most influential contemporary thinkers.” Controversial on the left and the right for his critiques of objectivity and political radicalism, Rorty experienced a renown denied to all but a handful of living philosophers. In this masterly biography, Neil Gross explores the path of Rorty’s thought over the decades in order to trace the intellectual and professional journey that led him to that (...) prominence. The child of a pair of leftist writers who worried that their precocious son “wasn’t rebellious enough,” Rorty enrolled at the University of Chicago at the age of fifteen. There he came under the tutelage of polymath Richard McKeon, whose catholic approach to philosophical systems would profoundly influence Rorty’s own thought. Doctoral work at Yale led to Rorty’s landing a job at Princeton, where his colleagues were primarily analytic philosophers. With a series of publications in the 1960s, Rorty quickly established himself as a strong thinker in that tradition—but by the late 1970s Rorty had eschewed the idea of objective truth altogether, urging philosophers to take a “relaxed attitude” toward the question of logical rigor. Drawing on the pragmatism of John Dewey, he argued that philosophers should instead open themselves up to multiple methods of thought and sources of knowledge—an approach that would culminate in the publication of Philosophy and the Mirror of Nature , one of the most seminal and controversial philosophical works of our time. In clear and compelling fashion, Gross sets that surprising shift in Rorty’s thought in the context of his life and social experiences, revealing the many disparate influences that contribute to the making of knowledge. As much a book about the growth of ideas as it is a biography of a philosopher, Richard Rorty will provide readers with a fresh understanding of both the man and the course of twentieth-century thought. (shrink)

Stem cell research has important implications for medicine. The source of stem cells influences their therapeutic potential, with stem cells derived from early-stage embryos remaining the most versatile. Somatic cell nuclear transfer (SCNT), a source of embryonic stem cells, allows for understandings about disease development and, more importantly, the ability to yield embryonic stem cell lines that are genetically matched to the somatic cell donor. However, SCNT requires women to donate eggs, which involves injection of ovulation-inducing hormones and egg retrieval (...) through laparoscopy or transvaginal needle aspiration. Risks from this procedure are fiercely debated, most notably risk of ovarian hyperstimulation syndrome (OHSS). This review examines risk of OHSS resulting from oocyte donation. We conclude that risk posed by OHSS in egg donation is not significant enough to warrant undue concern, and much of this can be eliminated when proper precautions are taken. This bears relevance to the future of stem cell research policymaking. (shrink)

Introduction HLA Hart: A biographical sketch Jurisprudence is the theoretical study of a practical subject. Its object is to achieve a systematic and ...

This article draws attention to a pattern of development within science and other intellectual research communities that has received virtually no mention. We propose that subsequent dominance of a research community by a figure responsible for significant innovation often delays progress in the field. During the period in which the revolutionary continues to influence research in a community, far too frequently the effect is to freeze progress within the limited directions which the revolutionary sanctions.

This comprehensive introductory text with readings offers a historical overview of all major subdivisions of Western Philosophy perspectives--including both the analytic and Continental traditions--as well as Eastern philosophy, postcolonial philosophy, and feminist philosophy. Written in an engaging and captivating style, it makes philosophy accessible without oversimplifying the material, and shows that philosophy's powerful ideas affect the lives of real people.

In this paper, we make the case that a person who is considering or has already made a decision that appears seriously harmful to that person should in some cases be judged incapable of making that...

Philosophers from Hart to Lewis, Johnston and Bennett have expressed various degrees of reservation concerning the doctrine of double effect. A common concern is that, with regard to many activities that double effect is traditionally thought to prohibit, what might at first look to be a directly intended bad effect is really, on closer examination, a directly intended neutral effect that is closely connected to a foreseen bad effect. This essay examines the extent to which the commonsense concept of intention (...) supports a reasonably consistent and coherent application of double effect. Two important conclusions are these: (1) a number of traditionally proscribed activities involve a kind of “targeting” of innocents that can be taken to exhibit a direct intention to harm them; (2) a direct intention to harm need not involve a desire to harm in any ordinary sense of the latter expression. (shrink)

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of (...) statutory interpretation. (shrink)

In light of the growing need to pay attention to general public opinions and sentiments toward AI, this paper examines the levels of understandings amongst the Australian public toward the increased societal use of AI technologies. Drawing on a nationally representative survey of 2019 adults across Australia, the paper examines how aware people consider themselves to be of recent developments in AI; variations in popular conceptions of what AI is; and the extent to which levels of support for AI are (...) liable to alter with additional exposure to information about AI. While a majority of respondents consider themselves to have little knowledge and familiarity with the topic of AI, the survey nevertheless finds considerable range of relatively ‘plausible’ basic understandings of what AI is. Significantly, repeated questioning highlights a willingness among many people to reassess their opinions once having received further information about AI, and being asked to think through issues relating to AI and society. These patterns remain relatively consistent, regardless of respondents’ political orientation, income, social class and other demographic characteristics. As such, the paper concludes by considering how these findings provide support for the development of public education efforts to further enhance what might be termed ‘public understanding of AI’. (shrink)

Against the backdrop of a global pandemic, this study investigates how U.S. higher education leaders have centered their crisis management on values and guiding ethical principles. We conducted 55 in-depth interviews with leaders from 30 U.S. higher education institutions, with most leaders participating in two interviews. We found that crisis plans created prior to the COVID-19 pandemic were inadequate due to the long duration and highly uncertain nature of the crisis. Instead, higher education leaders applied guiding principles on the fly (...) to support their decision-making. If colleges and universities infuse shared values into their future crisis plans, they will not have to develop a moral compass on the fly for the next pandemic. This paper suggests the following somewhat universal shared values: engage in accuracy, transparency, and accountability; foster deliberative dialog; prioritize safety; support justice, fairness, and equity; and engage in an ethic of care. To navigate ethics tensions, leaders need to possess crisis-relevant expertise or ensure that such expertise is present among crisis management team members. Standing up formal ethics committees composed of diverse stakeholders also is instrumental in navigating tensions inherent in crises. The next pandemic is already on the horizon according to experts. Through infusing values into future crisis plans, higher education leaders can be confident that their responses will be grounded in their communities’ shared values. (shrink)

Cognitive Science is a single-source undergraduate text that broadly surveys the theories and empirical results of cognitive science within a consistent computational perspective. In addition to covering the individual contributions of psychology, philosophy, linguistics, and artificial intelligence to cognitive science, the book has been revised to introduce the connectionist approach as well as the classical symbolic approach and adds a new chapter on cognitively related advances in neuroscience. Cognitive science is a rapidly evolving field that is characterized by considerable contention (...) among different views and approaches. Cognitive Science presents these in a relatively neutral manner. It covers many new orientations theories and findings, embedding them in an integrated computational perspective and establishing a sense of continuity and contrast with more traditional work in cognitive science. The text assumes no prerequisite knowledge, introducing all topics in a uniform, accessible style. Many topics, such as natural language processing and vision, however, are developed in considerable depth, which allows the book to be used with more advanced undergraduates or even in beginning graduate settings. A Bradford Book. (shrink)

A growth in consumer and media ethical consciousness has resulted in the need for organizations to ensure that members understand, share and project an approved and unified set of ethics. Thus understanding which variables are related to sharing and variation of ethical reasoning and moral intent, and the relative strength of these variables is critical. While past research has examined individual (attitudes, values, etc.), social (peers, significant others, etc.) and organizational (codes of conduct, senior management, etc.) variables, it has focused (...) on their influence on the individual – and not on their role in relation to patterns of group sharing and variation in an organization. Introduced as a new methodology to study ethics, microcultural analysis stipulates that to explain patterns of sharing and variation, one must understand how individual, social and organizational variables influence sharing and variation. Key hypotheses predict that managers who share in individual, social or organizational determinants will be more likely to share in ethical reasoning and moral intent. Qualitative and quantitative research supports the key hypotheses, finding social ties, personal moral intensity, Machiavellianism, locus of control and codes of ethics as significant determinants. Individuals who share in these determinants are more likely to share in ethical reasoning and moral intent. Additionally, regression analysis reveals social ties and personal moral intensity to be the strongest determinants. Based on these results, managerial recommendations focus on a holistic approach, manipulating these three determinants to cultivate a unified code of ethics within an organization. (shrink)

The division of labor has typically been portrayed as a complementary strategy in which men and women work on separate tasks to achieve a common goal of provisioning the family. In this paper, we propose that task specialization between female kin might also play an important role in women’s social and economic strategies. We use historic group composition data from a population of Western Desert Martu Aborigines to show how women maintained access to same-sex kin over the lifespan. Our results (...) show that adult women had more same-sex kin and more closely related kin present than adult men, and they retained these links after marriage. Maternal co-residence was more prevalent for married women than for married men, and there is evidence that mothers may be strategizing to live with daughters at critical intervals—early in their reproductive careers and when they do not have other close female kin in the group. The maintenance of female kin networks across the lifespan allows for the possibility of cooperative breeding as well as an all-female division of labor. (shrink)

Some people feel distressed reflecting on human extinction. Some people even claim that our efforts and lives would be empty and pointless if humanity becomes extinct, even if this will not occur for millions of years. In this essay, I will attempt to demonstrate that this claim is false. The desire for long-lastingness or quasi-immortality is often unwittingly adopted as a standard for judging whether our efforts are significant. If we accomplish our goals and then later in life conclude that (...) these accomplishments were of no significance, then this is a sign that the desire for long-lastingness has crept into our standards. By recognizing this, and refraining from adopting an unreasonable standard to judge whether our efforts are significant, it will be to our advantage. Then, when we look back on life from an external perspective that encompasses times after humanity has become extinct, we will not conclude that our efforts amounted to nothing. Rather, we will conclude that many people made significant accomplishments that made their lives and the lives of other people better than they would have been if their goals had never been pursued. (shrink)

A new pragmatic approach, based on the latest developments in argumentation theory, analyzing appeal to expert opinion as a form of argument. Reliance on authority has always been a common recourse in argumentation, perhaps never more so than today in our highly technological society when knowledge has become so specialized—as manifested, for instance, in the frequent appearance of "expert witnesses" in courtrooms. When is an appeal to the opinion of an expert a reasonable type of argument to make, and when (...) does it become a fallacy? This book provides a method for the evaluation of these appeals in everyday argumentation. Specialized domains of knowledge such as science, medicine, law, and government policy have gradually taken over as the basis on which many of our rational decisions are made daily. Consequently, appeal to expert opinion in these areas has become a powerful type of argument. Challenging an argument based on expert scientific opinion, for example, has become as difficult as it once was to question religious authority. Walton stresses that even in cases where expert opinion is divided, the effect of it can still be so powerful that it overwhelms an individual's ability to make a decision based on personal deliberation of what is right or wrong in a given situation. The book identifies the requirements that make an appeal to expert opinion a reasonable or unreasonable argument. Walton's new pragmatic approach analyzes that appeal as a distinctive form of argument, with an accompanying set of appropriate critical questions matching the form. Throughout the book, a historical survey of the key developments in the evolution of the argument from authority, dating from the time of the ancients, is given, and new light is shed on current problems of "junk science" and battles between experts in legal argumentation. (shrink)

This article identifies a foundation for Confucian democratic political thought in Confucian thought. Each of the three aspects emphasized is controversial, but supported by views held within the historical debates and development of Confucian political thought and practice. This democratic interpretation of Confucian political thought leads to (1) an expectation that all people are capable of ren and therefore potentially virtuous contributors to political life; (2) an expectation that the institutions of political, social, and economic life function so as to (...) develop the virtue of being a perfected human being; and (3) an expectation that there be public spacefor political criticism and for ongoing contestation over the duties and behaviors of individual leaders and citizens and over the functioning of the institutions that am to cultivate their behavior. (shrink)

What is the opposite of freedom? In _Freedom as Marronage_, Neil Roberts answers this question with definitive force: slavery, and from there he unveils powerful new insights on the human condition as it has been understood between these poles. Crucial to his investigation is the concept of marronage—a form of slave escape that was an important aspect of Caribbean and Latin American slave systems. Examining this overlooked phenomenon—one of action from slavery and toward freedom—he deepens our understanding of freedom (...) itself and the origin of our political ideals. Roberts examines the liminal and transitional space of slave escape in order to develop a theory of freedom as marronage, which contends that freedom is fundamentally located within this space—that it is a form of perpetual flight. He engages a stunning variety of writers, including Hannah Arendt, W. E. B. Du Bois, Angela Davis, Frederick Douglass, Samuel Taylor Coleridge, and the Rastafari, among others, to develop a compelling lens through which to interpret the quandaries of slavery, freedom, and politics that still confront us today. The result is a sophisticated, interdisciplinary work that unsettles the ways we think about freedom by always casting it in the light of its critical opposite. (shrink)

We are constantly called upon to evaluate the evidential weight of testimony, and to balance its deliverances against our own independent thinking. ‘Intellectual autonomy’ is the virtue that is supposed to be displayed by those who engage in cognition in this domain well. I argue that this is at best a misleading label for the virtue, because virtuous cognition in this domain consists in thinking with others, and intelligently responding to testimony. I argue that the existing label supports an excessively (...) individualistic conception of good thinking, both within and outside philosophy. I propose replacing ‘intellectual autonomy’ with ‘intellectual interdependence’, which properly emphasises the depth of our reliance on one another, without suggesting we ought ever to be epistemically servile. (shrink)

This article identifies a foundation for Confucian democratic political thought in Confucian thought. Each of the three aspects emphasized is controversial, but supported by views held within the historical debates and development of Confucian political thought and practice. This democratic interpretation of Confucian political thought leads to an expectation that all people are capable of ren and therefore potentially virtuous contributors to political life; an expectation that the institutions of political, social, and economic life function so as to develop the (...) virtue of being a perfected human being; and an expectation that there be public space for political criticism and for ongoing contestation over the duties and behaviors of individual leaders and citizens and over the functioning of the institutions that are to cultivate their behavior. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...) evolved as a collection of themes which reflects broader American intellectual and cultural concerns. (shrink)

Despite an extensive amount of research studying the influence of significant others on an individual's ethical behavior, researchers have not examined this variable in the context of organizational group boundaries. This study tests actual and perceptual sharing and variation in ethical reasoning and moral intent within and across functional groups in an organization. Integrating theory on ethical behavior, group dynamics, and culture, it is proposed that organizational structure affects cognitive structure. Departmental boundaries create stronger social ties within the group as (...) well as intergroup biases between the groups. Thus individuals will be more likely to share in ethical reasoning and moral intent with members of their own functional group (in-group) than with members of other functional groups (out-group). Additionally, they will perceive that they are more likely to share in ethical reasoning and moral intent with in-group members than with out-group members. Responding to two versions of two ethical scenarios, respondents contrasted their own ethical behavior to their expected ethical behavior of in-group and out-group members. Empirical results confirmed the hypotheses. Organizational group boundaries create actual as well as perceptual sharing and variation in ethical reasoning and moral intent. Furthermore, when comparing perceptual sharing to actual sharing, results show that individuals understate their sharing of ethical reasoning and moral intent with out-group members and overstate their sharing with in-group members. As organizational boundaries can create actual and perceived differences between groups that could lead to inter-group conflict, suggestions for management focus on removing or blurring inter-group boundaries. (shrink)

Maternal grandmothers play a key role in allomaternal care, directly caring for and provisioning their grandchildren as well as helping their daughters with household chores and productive labor. Previous studies have investigated these contributions across a broad time period, from infancy through toddlerhood. Here, we extend and refine the grandmothering literature to investigate the perinatal period as a critical window for grandmaternal contributions. We propose that mother-daughter co-residence during this period affords targeted grandmaternal effort during a period of heightened vulnerability (...) and appreciable impact. We conducted two focus groups and 37 semi-structured interviews with Himba women. Interviews focused on experiences from their first and, if applicable, their most recent birth and included information on social support, domains of teaching and learning, and infant feeding practices. Our qualitative findings reveal three domains in which grandmothers contribute: learning to mother, breastfeeding support, and postnatal health and well-being. We show that informational, emotional, and instrumental support provided to new mothers and their neonates during the perinatal period can aid in the establishment of the mother-infant bond, buffer maternal energy balance, and improve nutritional outcomes for infants. These findings demonstrate that the role of grandmother can be crucial, even when alloparenting is common and breastfeeding is frequent and highly visible. Situated within the broader anthropological and clinical literature, these findings substantiate the claim that humans have evolved in an adaptive sociocultural perinatal complex in which grandmothers provide significant contributions to the health and well-being of their reproductive-age daughters and grandchildren. (shrink)

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the (...) lottery as a legal decision-making device has generally been underestimated. The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery. (shrink)