Hacker, P. M. S. Hart's philosophy of law.--Baker, G. P. Defeasibility and meaning.--Dworkin, R. M. No right answer?-Lucas, J. R. The phenomenon of law.--Honoré, A. M. Real laws.--Summers, R. S. Naïve instrumentalism and the law.--Marshall, G. Positivism, adjudication, and democracy.--Cross, R. The House of Lords and the rules of precedent.--Kenny, A. J. P. Intention and mens rea in murder.--Mackie, J. L. The grounds of responsibility.--MacCormick, D. N. Rights in legislation.--Raz, J. Promises and obligations.--Foot, P. R. Approval and disapproval.--Finnis, J. (...) M. Scepticism, self-refutation, and the good of truth.--Barry, B. M. Justice between generations.--Feinberg, J. Harm and self-interest. (shrink)
Edward Aloysius Pace, philosopher and educator, by J. H. Ryan.-Neo-scholastic philosophy in American Catholic culture, by C. A. Hart.- The significance of Suarez for a revival of scholasticism, by J. F. McCormick.- The new physics and scholasticism, by F. A. Walsh.- The new humanism and standards, by L. R. Ward.- The purpose of the state, by E. F. Murphy.- The concept of beauty in St. Thomas Aquinas, by G. B. Phelan.- The knowableness of God: its relation to the theory (...) of knowledge in St. Thomas, by Matthew Schumacher.- The modern idea of God, by F. J. Sheen.- The analysis of association of its equational constants, by T. V. Moore.- Bibliography (p. 224-225) - Character and body build in children, by Sister M. Rosa McDonough. Bibliography (p. 248-249) - The moral development of children, by Sister Mary.- Medieval education (700-900) by T. J. Shahan.- The need for a Catholic philosophy of education, by George Johnson. (shrink)
The political shift toward an economic liberalism in many developed market economies, emphasizing the importance of the marketplace rather than government intervention in the economy and society (Dorman, Systematic Occupational Health and Safety Management: Perspectives on an International Development, 2000; Tombs, Policy and Practice in Health and Safety 3(1): 24-25, 2005; Walters, Policy and Practice in Health and Safety 03(2):3-19, 2005), featured a prominent discourse centered on the need for business flexibility and competitiveness in a global economy (Dorman, 2000; Tombs, (...) 2005). Alongside these developments was an increasing pressure for corporate social responsibility (CSR). The business case for CSR - that corporations would benefit from voluntarily being socially responsible — was increasingly promoted by governments and corporations as part of the justification for self-regulation. The aim of the article is to examine more closely the proposition that self-regulation is effective, with particular reference to the business case for workplace equality and safety. Based on a comprehensive literature review and documentary analysis, it was found that current predominant management discourse and practice focusing on diversity and safety management systems (OHSMS) resonate well with a government and corporate preference for the business case and self-regulation. However, the centrality of individual rather than organizational factors in diversity and OHSMS means that systemic discrimination and inherent workplace hazards are downplayed, making it less likely that employers will initiate structural remedies needed for real change. Thus, reliance on the business case in the argument for self-regulation is problematic. In terms of government policy and management practice, the business case needs to be supplemented by strong, proactive legislation, and worker involvement. (shrink)
In recent years there have been ever-growing concerns regarding environmental decline, causing some companies to focus on the implementation of environmentally friendly supply, production and distribution systems. Such concern may stem either from the set of beliefs and values of the company’s management or from certain pressure exerted by the market – consumers and institutions – in the belief that an environmentally respectful management policy will contribute to the transmission of a positive image of the company and its products. Sometimes, (...) however, ethics and market rules are not enough to deal with this situation and specific laws must be considered. This is the case when companies base their activity on the ‹ethics of self-interest’ concentrating their efforts on projecting an adequate image – e.g. environmental respect – rather than fundamentally behaving in environmentally respectful ways. This article, taking as reference the SME context, discusses the reasons for implementing environmentally friendly systems. Both ethics and business seem to be relevant and, therefore, a certain balance between market and interventionism seems to be necessary. (shrink)
Lateral hiring is the intentional action of one employer to identify, solicit, and hire an individual or group of employees currently employed by another firm, a practice often pejoratively labeled “poaching.” We use the method of critical genealogy to demonstrate that the norms that discourage lateral hiring are constructions used by powerful employers to control the turnover of their employees, making them subjects of their employer’s power rather than free and autonomous people in their own right. We suggest instead that (...) ethical responsibility for entertaining or rejecting lateral hiring offers rests with the focal employee(s). We conclude that the form and symmetry of loyalty between employees and their current employers are the determinants of the appropriateness of an employee’s decision to entertain and accept outside offers. These conclusions imply responsibilities for employers to forge (and employees to honor) symmetrical relational loyalty in the workplace, but not for alternate employers to refrain from making lateral hiring offers. (shrink)
This paper argues that if 'reforms' of education designed to raise standards leave unquestioned the notion of fixed differential ability, then they are likely to be self-defeating. It considers alternative ways of formulating knowledge about individual differences reflected both in the literature and in classroom practice, and concludes by making a case for further research to be undertaken to establish frameworks for teaching consistent with an anti-determinist view of individual potential.
The objective of the study was to investigate the relationship between childhood IQ of parents and characteristics of their adult offspring. It was a prospective family cohort study linked to a mental ability survey of the parents and set in Renfrew and Paisley in Scotland. Participants were 1921-born men and women who took part in the Scottish Mental Survey in 1932 and the Renfrew/Paisley study in the 1970s, and whose offspring took part in the Midspan Family study in 1996. There (...) were 286 offspring from 179 families. Parental IQ was related to some, but not all characteristics of offspring. Greater parental IQ was associated with taller offspring. Parental IQ was inversely related to number of cigarettes smoked by offspring. Higher parental IQ was associated with better education, offspring social class and offspring deprivation category. There were no significant relationships between parental IQ and offspring systolic blood pressure, diastolic blood pressure, cholesterol, glucose, lung function, weight, body mass index, waist hip ratio, housing, alcohol consumption, marital status, car use and exercise. Structural equation modelling showed parental IQ associated with offspring education directly and mediated via parental social class. Offspring education was associated with offspring smoking and social class. The smoking finding may have implications for targeting of health education. (shrink)
In "Action and Responsibility,'' Joel Feinberg pointed to an important idea to which he gave the label "the accordion effect.'' Feinberg's discussion of this idea is of interest on its own, but it is also of interest because of its interaction with his critique, in his "Causing Voluntary Actions,'' of a much discussed view of H. L. A. Hart and A. M. Honoré that Feinberg labels the "voluntary intervention principle.'' In this essay I reflect on what the accordion effect (...) is supposed by Feinberg to be, on differences between Feinberg's understanding of this idea and that of Donald Davidson, and on the interaction between Feinberg's discussion of the accordion effect and his critique of the voluntary intervention principle. (shrink)
What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.
I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to (...) exist and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)
Machine generated contents note: Introduction Rudy Rucker; Part I. Perspectives on Infinity from History: 1. Infinity as a transformative concept in science and theology Wolfgang Achtner; Part II. Perspectives on Infinity from Mathematics: 2. The mathematical infinity Enrico Bombieri; 3. Warning signs of a possible collapse of contemporary mathematics Edward Nelson; Part III. Technical Perspectives on Infinity from Advanced Mathematics: 4. The realm of the infinite W. Hugh Woodin; 5. A potential subtlety concerning the distinction between determinism and nondeterminism W. (...) Hugh Woodin; 6. Concept calculus: much better than Harvey M. Friedman; Part IV. Perspectives on Infinity from Physics and Cosmology: 7. Some considerations on infinity in physics Carlo Rovelli; 8. Cosmological intimations of infinity Anthony Aguirre; 9. Infinity and the nostalgia of the stars Marco Bersanelli; 10. Infinities in cosmology Michael Heller; Part V. Perspectives on Infinity from Philosophy and Theology: 11. God and infinity: directions for future research Graham Oppy; 12. Notes on the concept of the infinite in the history of Western metaphysics David Bentley Hart; 13. God and infinity: theological insights from Cantor's mathematics Robert J. Russell; 14. A partially skeptical response to Hart and Russell Denys A. Turner. (shrink)
Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the readers intuitions about what constitutes murder. Play along!
Preface, by F. L. Windolph.--A modern concept of God, by A. H. Compton.--The immortality of man, by J. Maritain.--The idea of God in the mind of man, by M. Royden.--Psychical research and the life beyond death, by H. Hart.--Religion and modern knowledge, by R. Niebuhr.--Immortality in the light of science and philosophy, by W. E. Hocking.--"To whom shall ye liken God?" By C. E. Park.--Man's destiny in eternity, by W. L. Sperry.--The idea of God as affected by modern knowledge, (...) by F. S. C. Northrop. (shrink)
Dissociative identity disorder (DID; called multiple personality disorder in DSMIII-R) is a psychiatric condition in which two or more identity states recurrently take control of the person's behavior. A characteristic feature of DID is the occurrence of apparently severe amnestic symptoms. This paper is concerned with experimental research of memory function in DID and focuses on between-identity transfer of newly learned neutral material. Previous studies on this subject are reviewed and a pilot study with four subjects is described. This study (...) is specifically concerned with the question whether self-reported asymmetries in between-identity transfer can be replicated on experimental memory tests. A secondary aim was to examine whether, in the absence of explicit transfer, implicit transfer of information would occur. The results showed that the apparent amnestic asymmetry for explicit information was substantiated in the laboratory, although at least some leakage was present between the apparently amnestic identities. No evidence was found for better performance on implicit than on explicit memory tests in the apparently amnestic identities. In the discussion, parallels between apparent amnesia in DID and state-dependent memory are drawn, and the question of simulated amnesia is addressed. (shrink)
Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.
Abortion: The morality of abortion, by P. Ramsey. The problem of abortion and the doctrine of double effect, by P. Foot. Whatever the consequences, by J. Bennett.--Sex: Sexual perversion, by T. Nagel. On sexual morality, by S. Ruddick.--Human rights and civil disobedience: Rights, human rights, and racial discrimination, by R. Wasserstrom. The justification of civil disobedience, by J. Rawls. Law and civil disobedience, by R. M. Dworkin.--Criminal punishment: The responsibility of criminals, by W. Kneale. Murder and the principles of punishment, (...) England and the United States, by H. L. A. Hart. Or else, by J. R. Lucas.--Violence and pacifism: What violence is, by N. Garver. Pacifism, a philosophical analysis, by J. Narveson.--War: War and murder, by G. E. M. Anscombe. On the morality of war, a preliminary inquiry, by R. Wasserstrom. Peace, by R. M. Hare.--Suicide and death: Suicide, by R. F. Holland. Death, by T. Nagel. Death, by M. Mothersill.--Bibliography (p. 386-390). (shrink)
Sex: Nagel, T. Sexual perversion. Ruddick, S. On sexual morality.--Abortion: Ramsey, P. The morality of abortion. Foot, P. The problem of abortion and the doctrine of the double effect. Wertheimer, R. Understanding the abortion argument. Thomson, J. J. A defense of abortion.--Prejudice and discrimination: Wasserstrom, R. Rights, human rights, and racial discrimination. Roszak, B. Women's liberation. Lucas, J. R. Because you are a woman. Thomson, J. J. Preferential hiring. Singer, P. Animal liberation.--Civil disobedience: Rawls, J. The justification of civil disobedience. (...) Singer, P. Rawls on civil disobedience. Dworkin, R. M. Law and civil disobedience.--Punishment: Downie, R. S. The justification of punishment. Kneale, W. The responsibility of criminals. Hart, H. L. A. Murder and the principles of punishment: England and the United States.--War: Anscombe, G. E. M. War and murder. Wasserstrom, R. On the morality of war: a preliminary inquiry. Lackey, D. Ethics and nuclear deterrence. Narveson, J. Pacifism: a philosophical analysis.--Suicide and death: Brandt, R. B. The morality and rationality of suicide. Holland, R. F. Suicide. Nagel, T. Death. Williams, B. The Makropulos case: reflections on the tedium of immortality.--Selected bibliography (p. 432-437). (shrink)
In this paper, we focus attention on the role of computer system complexity in ascribing responsibility. We begin by introducing the notion of technological moral action (TMA). TMA is carried out by the combination of a computer system user, a system designer (developers, programmers, and testers), and a computer system (hardware and software). We discuss three sometimes overlapping types of responsibility: causal responsibility, moral responsibility, and role responsibility. Our analysis is informed by the well-known accounts provided by Hart and (...)Hart and Honoré. While these accounts are helpful, they have misled philosophers and others by presupposing that responsibility can be ascribed in all cases of action simply by paying attention to the free and intended actions of human beings. Such accounts neglect the part played by technology in ascriptions of responsibility in cases of moral action with technology. For both moral and role responsibility, we argue that ascriptions of both causal and role responsibility depend on seeing action as complex in the sense described by TMA. We conclude by showing how our analysis enriches moral discourse about responsibility for TMA. (shrink)
Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism (...) and accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)
Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds –like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and (...) accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation. (shrink)
In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to the (...) scientific method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)
In Transcendence , thinkers from John Milbank, Graham Ward, and Kevin Hart, to Thomas Carlson, Slavoj Zizek, and Jean-Luc Marion have come together to create the definitive analysis of this key concept in modern theological and philosophical thought.
In this article we describe research methods that are used for the study of individual multiattribute evaluation processes. First we explain that a multiattribute evaluation problem involves the evaluation of a set of alternatives, described by their values on a number of alternatives. We discuss a number of evaluation strategies that may be applied to arrive at a conclusion about the attractiveness or suitability of the alternatives, and next introduce two main research paradigms in this area, structural modelling and process (...) tracing. We argue that the techniques developed within these paradigms all have their advantages and disadvantages, and conclude that the most promising technique to detect the true nature of the evaluation strategy used by a judge seems to be the analysis of verbal protocols. At the same time we think it is wise not to rely on just one technique, but to use a multimethod approach to the study of multiattribute evaluation processes whenever that is possible. (shrink)
Business ethicists are eager to connect the ethical treatment of stakeholders with financial rewards. However, little attention hasbeen paid to the cultural and industry context that influences how stakeholders are regarded by the firm, and how innovative strategiesfor engaging stakeholders can help a firm outperform its competitors. By reconnecting stakeholder theory to its roots in the field of strategy, we provide a framework for understanding the dynamic interplay between stakeholder relationships, innovation, and competitive advantage. The result is a set of (...) testable propositions aimed at better characterizing when and how “ethics pays” (Paine 2003). (shrink)