This article investigates the implications of goal-legislation for legal argumentation. In goal-regulation the legislator formulates the aims to be reached, leaving it to the norm-addressee to draft the necessary rules. On the basis of six types of hard cases, it is argued that in such a system there is hardly room for constructing a ratio legis. Legal interpretation is largely reduced to concretisation. This implies that legal argumentation tends to become highly dependent on expert (non-legal) knowledge.
This study investigates the relationship between intention to behave ethically and gender within the context of national culture. Using Reidenbach and Robin's measures of the ethical dimensions of justice and utilitarianism in a sample of business students from three different countries, we found that gender is significantly related to the respondents' intention to behave ethically. Women relied on both justice as well as utilitarianism when making moral decisions. By contrast, men relied only on justice, and did not rely on utilitarianism (...) when faced with the same ethical issues. Further, women's intention to behave was contextual, significantly affected by two national culture dimensions (uncertainty avoidance and individualism), whereas men's decisions were more universal, and not related to national culture dimensions. (shrink)
Exercise psychology encompasses the disciplines of psychiatry, clinical and counseling psychology, health promotion, and the movement sciences. This emerging field involves diverse mental health issues, theories, and general information related to physical activity and exercise. Numerous research investigations across the past 20 years have shown both physical and psychological benefits from physical activity and exercise. Exercise psychology offers many opportunities for growth while positively influencing the mental and physical health of individuals, communities, and society. However, the exercise psychology literature has (...) not addressed ethical issues or dilemmas faced by mental health professionals providing exercise psychology services. This initial discussion of ethical issues in exercise psychology is an important step in continuing to move the field forward. Specifically, this article will address the emergence of exercise psychology and current health behaviors and offer an overview of ethics and ethical issues, education/training and professional competency, cultural and ethnic diversity, multiple-role relationships and conflicts of interest, dependency issues, confidentiality and recording keeping, and advertisement and self-promotion. (shrink)
We investigate the cross-cultural relationships between spirituality and ethical decision-making in Norway and the U.S. Data were collected from business students ( n = 149) at state universities in Norway and the U.S. Results indicate that intention to behave ethically was significantly related to spirituality, national culture, and the influence of peers. Americans were significantly less ethical than Norwegians based on the three dimensions of ethics, yet more spiritual overall. Interestingly, the more spiritual were Norwegians, the more ethical was their (...) decision-making. By contrast, the more spiritual were Americans, the less ethical was their decision-making. The research also found that peer influences were more important to Norwegians than to Americans in making ethical decisions. Finally, spiritual people from the U.S. were more likely to use a universalistic form of justice ethics, as opposed to a more particularistic form of justice ethics used by Norwegians. (shrink)
In this comparative survey of 191 Egyptian and 92 U.S. executives, we explore the relationship between national culture and ethical decision-making within the context of business. Using Reidenbach and Robin’s (1988) multi-criteria ethics instrument, we examine how differences on two of Hofstede’s national culture dimensions, individualism/collectivism, and power distance, are related to the manner in which business practitioners make ethical decisions. Egypt and the U.S. provide an interesting comparison because of the extreme differences in their economies and related business development. (...) Our results indicate that respondents from the U.S, individualistic and low in power distance, were likely to view the decision making outcome in ethics scenarios as more unethical than the more collectivistic and high power distance Egyptians, when applying ethical criteria based on justice, utilitarianism, relativism, and (contrary to our predictions) egoism. However, we also found that both Egyptians and Americans rely on justice, utilitarianism, and relativism in predicting their intentions to behave ethically, and that Americans substitute egoism for justice, when the behavioral intentions of peers are examined. (shrink)
Given the recent ethics scandals in the United States, there has been a renewed focus on understanding the antecedents to ethical decision-making in the research literature. Since ethical norms and standards of behavior are not universally consistent, an individual’s choice of referent may exert a large influence on his/her ethical decision-making. This study used a social identity theory lens to empirically examine the relative influence of the macro- and micro-level variables of national culture and peers on an individual’s intention to (...) behave ethically. Our sample consisted of respondents from Germany, Italy, and Japan. The results indicated that both national culture and peers were found to act as significant referents in ethical decision-making dilemmas. Although peers exerted a much stronger influence on an individual’s ethical decision-making, the impact of peers varied depending on the national culture levels of individualism and power distance. (shrink)
Are employers utilizing temporary workers as a means to decrease the funds allocated to the training and development of full-time workers? This article examines industry trends in the utilization of contingent workers and training expenditures in an attempt to explain the relation between the two variables. The article also examines the ethical responsibility of organizations to train and develop employees. Data were collected from organizations that participated in a survey soliciting information regarding temporary workers and training expenditures between the years (...) 1980 and 1999. The results suggest that a relation does exist between the variables. Data were also collected from Fortune magazine databases concerning "America's Most Admired Companies" and the "100 Best Companies to Work for" (see Appendixes A and B). These data suggest that training has an impact on the various attributes of organizations that are included on these lists. (shrink)
Using Reidenbach and Robin‘s ( Journal of Business Ethics 7, 871–879, 1988) multi-criteria ethics instrument, we carried out the first empirical test of Robertson and Crittenden‘s (Strategic Management Journal 24, 385–392, 2003) cross-cultural map of moral philosophies to examine what ethical criteria guide business people in Russia and the U.S. in their intention to behave. Competing divergence and convergence hypotheses were advanced. Our results support a convergence hypothesis, and reveal a common emphasis on relativism. Americans are also influenced by the (...) justice criterion while Russians tend to emphasize utilitarianism. (shrink)
This article shows that Plato is discussing Pauline predication and Pauline self-predication in the Phaedo. The key is the recognition that the “something else” of Phaedo 103e2-5 cannot be a sensible object because any such object which participates in Form ‘X’ can sometimes appear not to be x. It is argued that Plato has not written in a straightforward manner, but rather has written a series of riddles for the reader to solve. Thus this dialogue is an example (...) of the playful use of the written word discussed at Phaedrus 275ff. (shrink)
In this paper I criticize arguments by Pauline Phemister and Matthew Stuart that John Locke's position in his An Essay Concerning Human Understanding allows for natural kinds based on similarities among real essences. On my reading of Locke, not only are similarities among real essences irrelevant to species, but natural kind theories based on them are unintelligible.
Anticipating Mikhail Bakhtin’s appreciation for the unfinalizability of Fedor Dostoevskij’s universe, prominent Protestant theologian Karl Barth celebrates the Russian novelist’s presentation of “the impenetrable ambiguity of human life” characteristic of both the ending of Dostoevsky’s novels and Paul’s Epistle to the Romans. Barth’s unique reading of The Brothers Karamazov not only demonstrates the barrenness of the “theocratic dream” but also complements Bakhtin’s discussion of polyphony with an explicitly theological dimension by focusing on the dialogue between Creator and the created. Dostoevsky’s (...) prophetic voice provides Barth with a poetic expression of the divine command that highlights the ethical dimension inherent in every theological choice. (shrink)
Pauline Kleingeld, "What Do the Virtuous Hope For?: Re-reading Kant's Doctrine of the Highest Good." In Proceedings of the Eighth International Kant Congress, Memphis 1995, edited by Hoke Robinson, Vol. I.1, 91-112. Milwaukee: Marquette University Press, 1995.
Pauline Kleingeld, "What Do the Virtuous Hope For?: Re-reading Kant's Doctrine of the Highest Good." In Proceedings of the Eighth International Kant Congress, Memphis 1995, edited by Hoke Robinson, Vol. I.1, 91-112. Milwaukee: Marquette University Press, 1995.
As part of the conference commemorating Theoria's 75th anniversary, a round table discussion on philosophy publishing was held in Bergendal, Sollentuna, Sweden, on 1 October 2010. Bengt Hansson was the chair, and the other participants were eight editors-in-chief of philosophy journals: Hans van Ditmarsch (Journal of Philosophical Logic), Pascal Engel (Dialectica), Sven Ove Hansson (Theoria), Vincent Hendricks (Synthese), Søren Holm (Journal of Medical Ethics), Pauline Jacobson (Linguistics and Philosophy), Anthonie Meijers (Philosophical Explorations), Henry S. Richardson (Ethics) and Hans Rott (...) (Erkenntnis). (shrink)
Descartes, Spinoza and Leibniz stand out as the great 17th century rationalist philosophers who sought to construct a philosophical system in which theological and philosophical foundations serve to explain the physical, mental and moral universe. In her new book Pauline Phemister explores their contribution to the development of modern philosophy.
The Moral Self addresses the question of how morality enters into our lives. Pauline Chazan draws upon psychology, moral philosophy, and literary interpretation to rebut the view that morality's role is to limit desire and control self-love. Preserving the ancients' connection between what is good for the self and what is morally good, Chazan argues that a certain kind of care for the self is central to moral agency. This book offers a dynamic interdisciplinary slant on the discussion of (...) moral theory. (shrink)
Patriotism and cosmopolitanism are often presumed to be mutually exclusive, but Immanuel Kant defends both. Although he is best known for his moral and political cosmopolitanism, in several texts he defends the claim that we have a duty of patriotism, claiming that cosmopolitans ought to be patriotic. In this paper, I examine Kant’s different accounts of the duty of patriotism. I argue that Kant’s defense of nationalist patriotism fails, but that his argument for a duty of civic patriotism succeeds.
Kant's unduly neglected concept of cosmopolitan law suggests a third sphere of public law -- in addition to constitutional law and international law -- in which both states and individuals have rights, and where individuals have these rights as ‛citizens of the earth' rather than as citizens of particular states. I critically examine Kant's view of cosmopolitan law, discussing its addressees, content, justification, and institutionalization. I argue that Kant's conception of ‛world citizenship' is neither merely metaphorical nor dependent on an (...) ideal of a world-government. Kant's views are particularly relevant in light of recent shifts in international law, shifts that lead away from the view that individuals can only be subjects of international law insofar as they are citizens of particular states. Thereby, a category of rights has emerged that comes close to what Kant understands by cosmopolitan law. (shrink)
There exists a standard view of Kant’s position on global order and this view informs much of current Kantian political theory. This standard view is that Kant advocates a voluntary league of states and rejects the ideal of a federative state of states as dangerous, unrealistic, and conceptually incoherent. This standard interpretation is usually thought to fall victim to three equally standard objections. In this essay, I argue that the standard interpretation is mistaken and that the three standard objections miss (...) their target. Kant does advocate the establishment of a non-coercive league of states, at least in his mature political writings (such as Perpetual Peace and the Metaphysics of Morals), but he does so for different reasons than is usually thought and without rejecting the ideal that a world federation of states eventually be realized. I end by indicating how Kant’s revised view can be made productive for present-day philosophical purposes. (shrink)
I examine the consistency of Kant's notion of moral progress as found in his philosophy of history. To many commentators, Kant's very idea of moral development has seemed inconsistent with basic tenets of his critical philosophy. This idea has seemed incompatible with his claims that the moral law is unconditionally and universally valid, that moral agency is noumenal and atemporal, and that all humans are equally free. Against these charges, I argue not only that Kant's notion of moral development is (...) consistent, but also that the assumption of the possibility of moral progress is indispensible for Kant's moral theory. (shrink)
During the 1780s, as Kant was developing his universalistic moral theory, he published texts in which he defended the superiority of whites over non-whites. Whether commentators see this as evidence of inconsistent universalism or of consistent inegalitarianism, they generally assume that Kant's position on race remained stable during the 1780s and 1790s. Against this standard view, I argue on the basis of his texts that Kant radically changed his mind. I examine his 1780s race theory and his hierarchical conception of (...) the races, and subsequently address the question of the significance of these views, especially in the light of Kant's own ethical theory. I then show that during the 1790s Kant restricts the role of the concept of race, and drops his hierarchical account of the races in favour of a more genuinely egalitarian and cosmopolitan view. (shrink)
In his critical works of the 1780's, Kant claims, seemingly inconsistently, that (1) theoretical and practical reason are one and the same reason, applied differently, (2) that he still needs to show that they are, and (3) that theoretical and practical reason are united. I first argue that current interpretations of Kant's doctrine of the unity of reason are insufficient. But rather than concluding that Kant’s doctrine becomes coherent only in the Critique of Judgment, I show that the three statements (...) are compatible, providing a new and more coherent account of Kant's 1780's doctrine of the unity of reason. (shrink)
Cosmopolitanism is not a single encompassing idea but rather comes in at least six different varieties, which have often been conflated in previous literature. This is shown on the basis of the discussion in late eighteenth-century Germany (roughly, 1780-1800). The six varieties are: (1) moral cosmopolitanism, the view that all humans belong to a single moral community; political cosmopolitanism, which advocates (2) reform of the international political and legal order or (3) a strong notion of human rights; (4) cultural cosmopolitanism, (...) which emphasizes the value of global cultural pluralism; (5) economic cosmopolitanism, which aims at establishing a global free market; and (6) the romantic ideal of humanity as united by faith and love. These six kinds of cosmopolitanism are not mutually exclusive, and the relationships among them are clarified. (shrink)
The increasingly common use of inclusive language (e.g., "he or she") in representing past philosophers' views is often inappropriate. Using Immanuel Kant's work as an example, I compare his use of terms such as "human race" and "human being" with his views on women to show that his use of generic terms does not prove that he includes women. I then discuss three different approaches to this issue, found in recent Kant-literature, and show why each of them is insufficient. I (...) conclude that the tension between gender-neutral and gender-specific views in Kant's work should be made explicit, and I offer several strategies for doing so. (shrink)
The word ‘cosmopolitan’, which derives from the Greek word kosmopolitês (‘citizen of the world’), has been used to describe a wide variety of important views in moral and socio political philosophy. The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, do (or at least can) belong to a single community, and that this community should be cultivated. Different versions of cosmopolitanism envision this community in different ways, some focusing on (...) political institutions, others on moral norms or relationships, and still others focusing on shared markets or forms of cultural expression. The philosophical interest in cosmopolitanism lies in its challenge to commonly recognized attachments to fellow citizens, the local state, parochially shared cultures, and the like. (shrink)
Machine generated contents note: Acknowledgments; Abbreviations; Introduction; 1. World citizens in their own country: Wieland and Kant on moral cosmopolitanism and patriotism; 2. Universal republic of world citizens or international federation?: Cloots and Kant on global peace; 3. Global hospitality: Kant's concept of cosmopolitan right; 4. Hierarchy or diversity?: Forster and Kant on race, culture, and cosmopolitanism; 5. International trade and justice: Hegewisch and Kant on cosmopolitanism and globalization; 6. Cosmopolitanism and feeling: Novalis and Kant on the development of a (...) universal human community; 7. Kant's cosmopolitanism and current philosophical debates; Bibliography; Index. (shrink)
Kant’s use of the terms ‘Nature’ and ‘Providence’ in his essays on history has long puzzled commentators. Kant personifies Nature and Providence in a curious way, by speaking of them as “deciding” to give humankind certain predispositions, “wanting” these to be developed, and “knowing” what is best for humans Moreover, he leaves the relationship between the two terms unclear. In this essay, I argue that Kant’s use of ‘Nature’ and ‘Providence’ can be clarified and explained. Moreover, I show that Kant’s (...) use of the terms is symptomatic of a much more important and not sufficiently appreciated fact about Kant’s philosophy of history, viz., that it fulfils a function in both his theoretical and his practical philosophy. (shrink)
"From time to time some of my friends startle me by referring to the Atonement itself as a revolting heresy," wrote Austin Farrer, "invented by the twelfth century and exploded by the twentieth. Yet the word is in the Bible." (1) Farrer is referring to Romans 5:11 in the Authorized Version: "we also joy in God through our Lord Jesus Christ, by whom we have now received the atonement." Here the word 'atonement'--literally, the state of being "at one"--translates the Greek (...) katallagê, which means "reconciliation." The doctrine of the Atonement, then, is in its essentials the claim that the suffering, death, and resurrection of Jesus Christ effects a reconciliation between God and human beings, who had been--and apart from Christ's gracious action would have remained--estranged on account of human sin. And that doctrine, far from being a twelfth-century innovation, is a prominent theme of the Pauline epistles and a matter of theological consensus from the earliest days of Christian thought. (shrink)
German Romanticism is commonly associated with nationalism rather than cosmopolitanism. Against this standard picture, I argue that the early German romantic author, Novalis (Georg Philipp Friedrich von Hardenberg, 1772–1801) holds a decidedly cosmopolitan view. Novalis’s essay “Christianity or Europe” has been the subject of much dispute and puzzlement ever since he presented it to the Jena romantic circle in the fall of 1799. On the basis of an account of the philosophical background of Novalis’s romanticism, I show that the image (...) of the Middle Ages sketched in “Christianity or Europe” plays a symbolic role and should not be taken as a literal description of the historical past or as a blueprint for the future. Rather, the romantic picture of medieval Europe serves to evoke poetically the ideal of a cosmopolitan re-unification of humanity. (shrink)
A collection of new essays on causation in the period from Galileo to Lady Mary Shepherd (roughly 1600-1850). Contributors: David Wootton, Tad Schmaltz, William Eaton and Robert Higgerson, Eric Schliesser, Pauline Phemister, Timothy Stanton, Peter Millican, Constantine Sandis, Boris Hennig, Angela Breitenbach, Stathis Psillos, and Martha Brandt Bolton.
Religion has become a vital resource for attempts to rethink the meaning of the political. This article rehearses the efforts of two recent figures, René Girard and Giorgio Agamben, to transform the political by renewing its connection to religion. Both thinkers struggle to escape politics as defined by Carl Schmitt's friend/enemy distinction. Girard and Agamben do clash ideologically, but their inquiries into sacrifice and messianism take similar courses. Regarding origins, Girard argues for the sacrificial crisis as the common parent to (...) religion and politics. Conversely, for Agamben, the Roman figure of homo sacer distinguishes politics from religion. With respect to the future, Girard's messianism installs Christian belief as the only way to move beyond violence. By contrast, Agamben steers Pauline messianism toward the efforts to displace sovereignty and reopen the political. I conclude that Agamben breaks with Schmitt while Girard reinscribes his politics at a higher level. Key Words: Giorgio Agamben • Rey Chow • Christianity • René Girard • homo sacer • messianism • politics • sacred • sacrifice • Carl Schmitt. (shrink)
The usage, derivation, and psychological, ethical, and legal aspects of slang terminology in medicine are discussed. The colloquial vocabulary is further described and a comprehensive glossary of common UK terms provided in the appendix. This forms the first list of slang terms currently in use throughout the British medical establishment.
This book examines the hypothesis of "direct compositionality", which requires that semantic interpretation proceed in tandem with syntactic combination. Although associated with the dominant view in formal semantics of the 1970s and 1980s, the feasibility of direct compositionality remained unsettled, and more recently the discussion as to whether or not this view can be maintained has receded. The syntax-semantics interaction is now often seen as a process in which the syntax builds representations which, at the abstract level of logical form, (...) are sent for interpretation to the semantics component of the language faculty. In the first extended discussion of the hypothesis of direct compositionality for twenty years, this book considers whether its abandonment might have been premature and whether in fact direct compositionality is not after all a simpler and more effective conception of the grammar than the conventional account of the syntax-semantics interface in generative grammar. It contains contributions from both sides of the debate, locates the debate in the setting of a variety of formal theories, and draws on examples from a range of languages and a range of empirical phenomena. (shrink)
I argue that promoting justice within marriage requires a cultural reconceptualiza¬tion of marriage itself as not merely a relationship of love, but as also a commitment to justice. I argue that it is insufficient to combat injustice in marriage with progressive laws and policies, even when combined with smart planning and bargaining on the part of women. Also necessary is a change in the way marriage itself is viewed. In addition to being regarded as an emotional commitment, it should also (...) be seen as a commitment to interpersonal justice. I discuss what this reconceptualization would mean in practice and address several possible objections. (shrink)
In the literature of philosophy and religious ethics, Kierkegaard's Fear and Trembling has, with few exceptions, been read as a work focused on ethical questions concerning the norms governing human conduct. However, ethical readings of this book not only miss important features of the text, they render its argument internally incoherent. These problems disappear when Fear and Trembling is understood primarily as a discussion of Christian soteriology that symbolically uses the Abraham story to develop the classical Pauline-Lutheran doctrine (...) of justification through faith alone. (shrink)
In Etre, Monde, Imaginaire, Breton attempts to overcome the familiar opposition between being and world and, within the former, between mythos and logos. In The Word and the Cross, he refuses an opposition between the Pauline theology of the Cross and the Johanine theology of the Word. The success of these three moves depends on Breton’s claim for a Nothing that transcends both determination and reflection, as well as the contradictions that presuppose them.
This paper examines several passages in which Nietzsche considers burgeoning Christianity’s relationship to the secretive “mystery cults” that flourished alongside the official state religions of ancient Rome. The purpose of this paper is four-fold. i) To shed light on an unexplored aspect of Nietzsche’s philosophy. ii) To explore the intellectual reality behind some of his specific charges concerning Pauline Christianity’s indebtedness to the ancient Mithras cult. iii) To assess the validity of several of Nietzsche’s accusations in this area in (...) light of more recent scholarship. iv) To contrast the middle-period Nietzsche’s treatment of this theme with several of his end-of-career ruminations. I make the case that while some of his later claims concerning this topic are indeed exaggerated, they nonetheless reveal remarkable insight into a fascinating aspect of late antiquity. (shrink)
Already by the mid-1980s, Habermas supposed that our utopian energies had been used up. Today, when a neo-liberal 'realism' seems to be a virtually dominant ideology, the climate appears, if anything, yet more hostile to radical hopes. Even while he recognises the obstacles and is clear that we might never succeed in breaking through the 'Gordian knot', Habermas is not prepared to surrender to a proclaimed 'end of politics'. This paper traces some of the ways in which his recent works (...) theorise and attempt to balance twin legacies of a critical theory tradition. Habermas wants to mediate the radicalness of vision required by a critical theory with the perceived reasonableness of its standpoint that is also necessary if theory is to engage concrete actors. Many of his critics suppose that Habermas has not achieved the right balance and that his interest in the self-reforming potentials of liberal democracies weights reasonableness too highly. The following paper sets out to defend Habermas from some of these charges. However, ultimately it finds that his theory has identified the needs for autonomy that it seeks to critically connect up with too narrowly. This means that, to some extent, Habermas' critical theory continues to 'miss its mark'. (shrink)
The paper reviews the extent to which main formulations in Habermas's recent major work, Between Facts and Norms, make ground against feminist objections to the Habermasian project. Although the later work does not tamper with the core project of Habermas's theory of modernity, the terms in which the procedural norms of democratic interaction are now conceived clarify the sympathetic relevance of Habermas's project to feminism's own vital concerns. There is reason to suppose Habermas's construction of the motivations that prompt and (...) guide struggles to achieve personal autonomy is rather too narrowly conceived to capture the range of impulses that inform contemporary feminism. Despite this, I suggest that there remain good reasons for supposing that the recent conception of the project opens up the possibility for a more positive stage in Habermas's dialogue with feminism. Key Words: aesthetic communication • feminism • Habermas • private/public relations • public sphere. (shrink)
