author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also (...) to James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

This article discusses the place of integrity in Ronald Dworkin's legal and political philosophy. It presents integrity as a response to certain problems that arise in any society in which more than one contestant view about justice is allowed to determine public policy and legal principle. It also analyzes the relation between integrity and justice, arguing that although integrity requires citizens and officials sometimes to uphold policies or positions they take to be unjust, Dworkin is nevertheless wrong to present (...) them ascompetingpolitical virtues. Instead, integrity operates as a second-level concept, addressing situations that arise in a society where there is disagreement about justice (and where, therefore, there is no uncontroversial account of what justice requires to set against the requirements of integrity). The article concludes with some reflections on the role of individual convictions about justice in context of law and social action. (shrink)

In this article the author focuses mainly in the last part of Ronald Dworkin´s Justice for Hedgehogs and in his argument for a partnership conception of democracy. For that purpose, first, he recalls some of the main features that Dworkin had advanced in previous but intrinsically related works, about political morality, equality and democracy; second, he reassess the arguments for a partnership conception of democracy; third, he reconsiders the resistance produced by Jeremy Waldron in his “A Majority in (...) the Lifeboat” and the response provided by Dworkin, but since it may appear insufficient, he intends to present an alternative —or complemen- tary— riposte in order to meet Waldron’s challenge; and, finally, he insists in the importance of taking Ronald Dworkin seriously.Resumen:En este artículo el autor se enfoca principalmente en la última parte de Justice for Hedgehogs (Justicia para erizos), de Ronald Dworkin y en su argumento a favor de la concepción asociativa o societaria de democracia. Para tal propósito, primero, recuerda algunas de las características centrales que Dworkin ha adelantado en obras anteriores, pero intrínsecamente relacionadas, acerca de moralidad política, la igualdad y la democracia; segundo, reevalúa los argumentos a favor de la concepción asociativa o societaria de democracia; tercero, reconsidera la resistencia producida por Jeremy Waldron en su “A Majority in the Lifeboat” (“Una mayoría en el bote salvavidas”), y la respuesta ofrecida por Dworkin, pero toda vez que puede parecer insuficiente, trata de presentar una respuesta alternativa —o complementaria— para responder al reto de Waldron. Finalmente insiste en la importancia de tomar a Ronald Dworkin seriamente. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.

ABSTRACT Welfare states are often urged to secure a social minimum for citizens—a level of material well‐being beneath which no‐one should be permitted to fall. This paper examines the justification for such a claim. It begins by criticising John Rawls's rejection of the social minimum approach to justice in A Theory of Justice: the argument Rawls uses to justify the Difference Principle, based on what he calls ‘the strains of commitment’ in the ‘original position’, actually provides a better justification for (...) a social minimum principle. The paper then examines the substance of that argument outside the context of Rawls's contractarianism, showing that there is a general case for seeing to it that desperate need does not go unmet in a liberal society. (shrink)

This article explores the synthesis between the theories and practice of Humanistic Management and Self-Determination Theory of Motivation (SDT). Moving from Economistic to Humanistic Management involves considering human action as uniting internal and external dimensions, having ethics as a guide for a good life, viewing society as a community of people, and being open to beauty and transcendence. The recently elucidated 50-year legacy of SDT describes it as a truly human science of motivation that takes into consideration our attributes as (...) persons, including our capacities for awareness and self-regulation. It also focuses on one’s capacity for autonomy as it applies to individual functioning, interpersonal relationships, and societal interactions. SDT posits a continuum of motivational regulation ranging from amotivation through controlled to autonomous motivation. The current empirical study of Millennials' motivation to support local and global hunger charities based on social media communication employs the complete SDT continuum. Digitalization and globalization have fundamentally changed the nature of human communication. Millennials are central to the humanistic functioning of today’s society. The study findings of the dominance of integrated personal value autonomy demonstrates the necessity of assessing the complete set of SDT motivations in various contexts and situations. Given that SDT and Humanistic Management investigations have mainly involved corporations, one must also be open to investigating the humanistic management of non-profit social and governmental organizations. The non-greenwashed triple sustainability values of corporate, social and environmental good are pertinent targets for Humanistic Management research and Practices. (shrink)

Virtue ethics is now widely recognized as an alternative to Kantian and consequentialist ethical theories. However, moral philosophers have been slow to bring virtue ethics to bear on topics in applied ethics. Moreover, environmental virtue ethics is an underdeveloped area of environmental ethics. Although environmental ethicists often employ virtue-oriented evaluation (such as respect, care, and love for nature) and appeal to role models (such as Henry Thoreau, Aldo Leopold, and Rachel Carson) for guidance, environmental ethics has not been well informed (...) by contemporary work on virtue ethics. With _Character and Environment_, Ronald Sandler remedies each of these deficiencies by bringing together contemporary work on virtue ethics with contemporary work on environmental ethics. He demonstrates the many ways that any ethic of character can and should be informed by environmental considerations. He also develops a pluralistic virtue-oriented environmental ethic that accommodates the richness and complexity of our relationship with the natural environment and provides effective and nuanced guidance on environmental issues. These projects have implications not only for environmental ethics and virtue ethics but also for moral philosophy more broadly. Ethical theories must be assessed on their theoretical and practical adequacy with respect to all aspects of the human ethical situation: personal, interpersonal, and environmental. To the extent that virtue-oriented ethical theory in general, and Sandler's version of it in particular, provides a superior environmental ethic to other ethical theories, it is to be preferred not just as an environmental ethic but also as an ethical theory. _Character and Environment_ will engage any reader with an interest in environmental ethics, virtue ethics, or moral philosophy. (shrink)

Gilles Deleuze has produced some of the most important--and most formidable--theory on cinema to appear in the last half-century. Deleuze on Cinema provides a thorough and reliable guide to Deleuze's thought on the art of film, elucidating in clear language the shape and thrust of Deleuze's arguments found in his influential books on cinema.

Virtue ethics is now widely recognized as an alternative to Kantian and consequentialist ethical theories. However, moral philosophers have been slow to bring virtue ethics to bear on topics in applied ethics. Moreover, environmental virtue ethics is an underdeveloped area of environmental ethics. Although environmental ethicists often employ virtue-oriented evaluation and appeal to role models for guidance, environmental ethics has not been well informed by contemporary work on virtue ethics. With _Character and Environment_, Ronald Sandler remedies each of these (...) deficiencies by bringing together contemporary work on virtue ethics with contemporary work on environmental ethics. He demonstrates the many ways that any ethic of character can and should be informed by environmental considerations. He also develops a pluralistic virtue-oriented environmental ethic that accommodates the richness and complexity of our relationship with the natural environment and provides effective and nuanced guidance on environmental issues. These projects have implications not only for environmental ethics and virtue ethics but also for moral philosophy more broadly. Ethical theories must be assessed on their theoretical and practical adequacy with respect to all aspects of the human ethical situation: personal, interpersonal, and environmental. To the extent that virtue-oriented ethical theory in general, and Sandler's version of it in particular, provides a superior environmental ethic to other ethical theories, it is to be preferred not just as an environmental ethic but also as an ethical theory. _Character and Environment_ will engage any reader with an interest in environmental ethics, virtue ethics, or moral philosophy. (shrink)

Experiments are presented showing that visual search for Mueller-Lyer (ML) stimuli is based on complete configurations, rather than component segments. Segments easily detected in isolation were difficult to detect when embedded in a configuration, indicating preemption by low-level groups. This preemption—which caused stimulus components to become inaccessible to rapid search—was an all-or-nothing effect, and so could serve as a powerful test of grouping. It is shown that these effects are unlikely to be due to blurring by simple spatial filters at (...) early visual levels. It is proposed instead that they are due to more sophisticated processes that rapidly bind contour fragments into spatially-extended assemblies. These results support the view that rapid visual search cannot access the primitives formed at the earliest stages of visual processing; rather, it can access only higher-level, more ecologically-relevant structures. (shrink)

Ronald Barnett pursues this quest through an exploration of pairs of contending concepts that speak to the idea of the university such as space and time; being ...

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.

In this paper I explore the extent to which a perspectival understanding of scientific knowledge supports forms of “scientific pluralism.” I will not initially attempt to formulate a general characterization of either perspectivism or scientific pluralism. I assume only that both are opposed to two extreme views. The one extreme is a (monistic) metaphysical realism according to which there is in principle one true and complete theory of everything. The other extreme is a constructivist relativism according to which scientific claims (...) about any reality beyond that of ordinary experience are merely social conventions. (shrink)

Bad Faith and Sincerity: Does Sartre's Analysis Rest on a Mistake? In this opening chapter, I intend to deal with an issue that vexed my earliest ...

ABSTRACT:The notion of stakeholder salience based on attributes (e.g., power, legitimacy, urgency) is applied in the family business setting. We argue that where principal institutions intersect (i.e., family and business); managerial perceptions of stakeholder salience will be different and more complex than where institutions are based on a single dominant logic. We propose that (1) whereas utilitarian power is more likely in the general business case, normative power is more typical in family business stakeholder salience; (2) whereas in a general (...) business context legitimacy is socially constructed; for family stakeholders, legitimacy is based on heredity; and (3) whereas temporality and criticality are somewhat independent in general-business urgency, they are linked in the family business case because of family ties and family-centered non-economic goals. We apply this theoretical framework to position and integrate the contributions to this special section ofBusiness Ethics Quarterlyon “Stakeholder Theory, Ethics, Corporate Social Responsibility, and Family Enterprise.”. (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 111-114 [Access article in PDF] Response to Elvira Panaiotidi, "The Nature of Paradigms and Paradigm Shifts in Music Education" Janice Waldron Michigan State University Elvira Panaiotidi makes a strong case that MEAE and praxialism represent, respectively, the poesis and praxis strands of the Aristotelian conception of art and that, consequently, one cannot conclude that the two accounts are ontologically incompatible. At (...) this point I wish only to respond to an implication which I believe may be present and discuss its relevance. That is that the search for ontological explanations has historically preceded (or at least should precede) the development of music education theory. A brief look at the historical record indicates that the development of music education theory seems to have been dominated by the search for axiological more than ontological explanations. Panaiotidi lists both aspects as integral parts of the theoretical kernel, however, the need to justify music education in terms of value has, at least in the United States, apparently preceded any search for meaning.Michael Mark recounts a report of the Boston School Committee in 1837, at which certain arguments of Aristotle were invoked in order to persuade the commitee of the value of music instruction.1 The entire transcript of that meeting amounts to a polemic about the value of music, resulting from its supposed effects on the spirit, character, or health, yet the record is devoid of any discussion of what might actually constitute music.2 Marie McCarthy describes how the search for aesthetic foundations over a century later was fostered by a need to "explain [music education's] importance in the curriculum."3 Of the scholars of this period, Abraham Schwadron in particular was quite explicit in articulating how his theory of aesthetics was motivated by what he considered an appalling inability for music educators to validate their field's existence.4This is not to imply that the authors of our current philosophies were not searching for or failed to provide strong ontological arguments for music education or to insist that they have always framed the question: What is valuable about music? as the question: What is music? in order to address these ideological [End Page 111] and political pressures. I am merely suggesting that the search for ontological explanations has generally followed the search for value. The historical pattern is one of reaction to various pressures, followed by the eventual development of an aesthetic philosophical framework which was intended, directly or indirectly, to respond to those pressures. The magnitude of such pressures to justify the place of music in the curriculum would seem to differentiate music education paradigms from those of the social sciences and humanities, of which, the author asserts, they are hybrids. Combined with the marked differences in social and political pressures which are found in various times and places in America, it would also account for the emotional tone of the debate, to which the author also alludes. Presumably, such emotion results not only from various scholars' attachments to their ontological beliefs, but from the practical consequences which occur when a theory is ultimately rejected or implemented at the classroom level, based on its perceived ability to define what is valuable in music education.Although this differentiation is subtle and does not detract from the strength of Panaiotidi's central argument, it has implications for the eventual implementation of any unitary theory. Specifically, if we accept that, ontologically speaking, praxialism and aestheticism are two sides of the same coin, it is likely that the argument will simply transform into an axiological question concerning which side is more valuable, a fact to which the author also alludes. Considering past evidence, the overriding concern for value justification may make implementing any unitary theory difficult, regardless of the benefits that could potentially be gained through such a "balanced music education." Consider, for example, that a unitary theory would be less susceptible to ideological use because of its breadth. In other fields such as literature or science, this would be a... (shrink)

What professional musicians say and do affects the attitudes and actions of music educators in the classroom. One example comes from influential conductor/composer, Gunther Schuller, who, in his controversial 1997 book, The Compleat Conductor, defines, espouses, and recommends his own “philosophy of conducting.” An examination of his ideas and, more importantly, the assumptions that premise them, demonstrates that Schuller fails to situate his beliefs within the larger historical framework of aesthetic philosophy. It also serves as a useful example of how (...) we, as conductor/educators, are prone to distance ourselves from educational philosophy as a product of the systematic examination of beliefs. This is dangerous because, through conducting, one necessarily reinforces a philosophy of music, which is itself situated within the general realm of aesthetic philosophy. This paper summarizes Shuller’s interpretation of conducting, identifies the unarticulated realist and idealist assumptions within, critiques his “philosophy,” and discusses the implications of this prescriptive approach to instrumental music education. (shrink)

In the fall of 1984 my wife, Georgia, and I, moved to Paterson and founded Holistic Ministries International. Our purpose was twofold: to develop a set of ministries that would manifest, in word and deed, the good news of the Kingdom of God; and to develop a context in which prospective missionaries, from Paterson and elsewhere, might receive training relevant to 21st century mission. How this has worked out is the subject of this article.

ABSTRACT:The notion of stakeholder salience based on attributes (e.g., power, legitimacy, urgency) is applied in the family business setting. We argue that where principal institutions intersect (i.e., family and business); managerial perceptions of stakeholder salience will be different and more complex than where institutions are based on a single dominant logic. We propose that (1) whereas utilitarian power is more likely in the general business case, normative power is more typical in family business stakeholder salience; (2) whereas in a general (...) business context legitimacy is socially constructed; for family stakeholders, legitimacy is based on heredity; and (3) whereas temporality and criticality are somewhat independent in general-business urgency, they are linked in the family business case because of family ties and family-centered non-economic goals. We apply this theoretical framework to position and integrate the contributions to this special section ofBusiness Ethics Quarterlyon “Stakeholder Theory, Ethics, Corporate Social Responsibility, and Family Enterprise.”. (shrink)

In this chapter I consider the place of the topic of racial and ethnic urban residential segregation factors into political philosophy. I begin with a short history of residential segregation and the ghetto, and their role in systems of racial domination and oppression, and remarks on the general neglect of this topic in contemporary political philosophy, including in nonideal political philosophy, which proports to take on examples of real-world injustices and inequalities. I then examine, from the standpoint of liberal-egalitarian political (...) theory, what segregation, as a concept, entails, and its harms to individuals, communities, and societies. Segregation in all its forms (residential, educational, and employment, as well as in political and legal systems) is an instance of injustice and inequality and a major component of processes that maintain injustice and inequality, so it requires correction and rectification of some sort. Desegregation and integration are typically forwarded as solutions to the ills and injustices of segregation. They seem synonymous, but are they? To answer this question, I survey the prominent conceptualizations of both during the civil rights movement and the contemporary debate over those terms and political theoretical positions. In the conclusion I outline my partial defense of the idea of integration. (shrink)

Surgeons have often been portrayed in literature on one of two extremes: the cold, distant scientist or the benign, caring humanist. Two characters in American literature who illustrate those extremes, both surgeons in the military, are Herman Melville's Cadwallader Cuticle and Richard Hooker's Hawkeye Pierce. Cuticle is interested only in the science of his craft, while Pierce maintains the compassion so central to the art of healing, even in the midst of war.

This book contains articles on ignorance in the medical field and where the contributing researchers would like research directed.

It is with this specific problem of Rousseau's personal existence--and especially with his determined efforts to clarify its meaning through the meaning of writing--that the present study is mainly concerned.

Johnston traced the debates within human geography since 1945 over philosophical and methodological issues. In the present book, the aim is the complementary one of giving an introduction to the foundation of those discussions, assuming no prior knowledge of philosophy.

Hermeneutics, or the theory of interpretation, is an extremely important branch of epistemology that has, in the past twenty years, been receiving an increasing amount of attention. There is now a fairly extensive body of rather daunting literature in the field, most of it originating in the European phenomenological tradition. Dimensions of the Hermeneutic Circle is intended to give readers who are philosophically sophisticated but not yet conversant with hermeneutics a comprehensive overview of the history and concerns of the discipline. (...) It shows how the development of hermeneutics in the past two centuries coincided with a gradual increase in our appreciation of the subtleties and many variations of the hermeneutic circle. It also makes explicity some of the more important ways in which the hermeneutic circle can be seen to function in the practices of the natural sciences, thus bridging the methodological gap between the Geisteswissenschaften and the natural sciences. The book is illustrated with forty diagrams representing the variation of the hermeneutic circle, further reinforcing the clarity of exposition. It will therefore be appropriate as core text for graduate or senior courses on hermeneutics or literary theory, and as supplementary text for courses in the philosophy of science, historiography, and aesthetics. (shrink)