The rise of computer-assisted journalism coincides with increasing public concerns about individual privacy, especially in the realm of information stored in electronic databases. This article contends that journalists (a) need to be more receptive to privacy concerns, and (b) need to reassure the public they will be sensitive in dealing with private information contained in electronic databases. The author calls for creation of a Code of Information Practices that could guide journalists in making decisions about usingprivate information in electronicformat. Such (...) a code might help persuade the public to be more receptive to journalists' arguments over the need for access to records and information. (shrink)
Molly Cochran offers an account of the development of normative theory in international relations over the past two decades. In particular, she analyzes the tensions between cosmopolitan and communitarian approaches to international ethics, paying attention to differences in their treatments of a concept of the person, the moral standing of states and the scope of moral arguments. The book draws connections between this debate and the tension between foundationalist and antifoundationalist thinking and offers an argument for a pragmatic approach (...) to international ethics. (shrink)
Whistleblowers have usually been treated as outcasts by private-sector employers. But legal, ethical, and practical considerations increasingly compel companies to encourage employees to disclose suspected illegal and/or unethical activities throughinternal communication channels. Internal disclosure policies/procedures (IDPP''s) have been recommended as one way to encourage such communication.This study examined the relationship between IDPP''s and employee whistleblowing among private-sector employers. Almost 300 human resources executives provided data concerning their organizations'' experiences.
: Chronic illness is a major cause of disability, especially in women. Therefore, any adequate feminist understanding of disability must encompass chronic illnesses. I argue that there are important differences between healthy disabled and unhealthy disabled people that are likely to affect such issues as treatment of impairment in disability and feminist politics, accommodation of disability in activism and employment, identification of persons as disabled, disability pride, and prevention and "cure" of disabilities.
This empirical study of Fortune 1000 firms assesses the degree to which those firms have adopted various practices associated with corporate ethics programs. The study examines the following aspects of formalized corporate ethics activity: ethics-oriented policy statements; formalization of management responsibilities for ethics; free-standing ethics offices; ethics and compliance telephone reporting/advice systems; top management and departmental involvement in ethics activities; usage of ethics training and other ethics awareness activities; investigatory functions; and evaluation of ethics program activities. Results show a high (...) degree of corporate adoption of ethics policies, but wide variability in the extent to which these policies are implemented by various supporting structures and managerial activities. In effect, the vast majority of firms have committed to the low cost, possibly symbolic side of ethics management (e.g., adoption of ethics codes and policies, etc.). But firms differ substantially in their efforts to see that those policies or codes actually are put into practice. (shrink)
John Dewey (1859-1952) was a major figure of the American cultural and intellectual landscape in the first half of the twentieth century. While not the originator of American pragmatism, he was instrumental to its articulation as a philosophy and the spread of its influence beyond philosophy to other disciplines. His prolific writings encompass metaphysics, philosophy of mind, cognitive science, psychology, moral philosophy, the philosophies of religion, art, and education, and democratic political and international theory. The contributors to this Companion examine (...) the wide range of Dewey's thought and provide a critical evaluation of his philosophy and its lasting influence, both elsewhere in philosophy and on other disciplines. (shrink)
The contemporary revival of virtue ethics has focused primarily on retrieving central moral commitments of Aristotle, Thomas Aquinas, and the Neoplatonist traditions. Christian virtue ethicists would do well to expand this retrieval further to include the writings of the Roman Stoics. This essay argues that the ethics of Jonathan Edwards exemplifies major Stoic themes and explores three noteworthy points of intersection between Stoic ethics and Edwards's thought: a conception of virtue as consent to a benevolent providence, the identification of virtue (...) as a singular and transformative good, and an account of moral formation as simultaneously self-directed and received. Common ground between Edwards and the Stoics illustrates the value of recognizing Stoic moral thought as a philosophical framework that can enhance and undergird Christian ethicists' understandings of moral development and the nature of virtue. (shrink)
Oliver Wendell Holmes, Jr. (1841-1935) is, arguably, the most important American jurist of the 20th century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to (...) law and legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. (shrink)
Jason Peters (ed.): Wendell Berry: Life and Work Content Type Journal Article DOI 10.1007/s10806-010-9291-1 Authors Jacob Jones, Department of Religion, University of Florida, 107 Anderson Hall, P.O. Box 117410, Gainesville, FL 32611-7410, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.
Ralph Burhoe developed his proposals for a social reformation at a time when the “two cultures” debate was still active. It is suggested here that Burhoe, sharing with his contemporaries an understanding of culture that was Western and normative in character, overlooked the distinction between the culture of the elites and popular culture, and consequently between religion as presented by theologians and church officials and popular religion. Therefore, his proposals for the revitalization of traditional religions, even if implemented, would not (...) work. Some contradictions within his own program are pointed out, and the social role of the sciences after World War II, as well as the ambiguities of their presence in the so-called underdeveloped nations, is analyzed. As a positive conclusion, it is suggested that Burhoe's main contribution should be sought, not in his outline for a social reformation, but in his role as an organizer of the dialogue between religion and science. (shrink)
In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's (...) moral claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (An appendix examines Oliver Wendell Holmes' judicial work to show that, pace Dworkin, Holmes does indeed make moral claims for law.). (shrink)
What is called legal pragmatism today is very different from the older style of legal pragmatism traditionally associated with Oliver Wendell Holmes; and there is much that is worthwhile on the conception of the law revealed by reading Holmes's The Path of the Law in the light of the classical pragmatist tradition of Peirce, James, and Dewey. Here, reflections on the varieties of pragmatism - philosophical and legal, old and new - will be wrapped around an exploration of Holmes's (...) legal philosophy and the strengths and weaknesses of his arguments. (shrink)
Time travelers and battles between people and machines provoke old philosophical questions: Can the past really be changed? How do we differentiate ourselves from machines? Can machines have an inner life? Brown (philosophy & critical thinking, LaGuardia Community Coll.) and Decker (philosophy, Eastern Washington Univ.; coeditor, Star Wars and Philosophy ) collect 19 essays by primarily young academics who pursue these questions with entertaining verve and philosophical skill. The Terminator story is about something well intentioned—a defense project—going wrong, but none (...) of the essays here presses this issue to a clear conclusion (readers whose interest is aroused would do well to read Wendell Wallach and Colin Allen's Moral Machines , concerned with actual machines and ones that might soon exist). Among the book's bright spots are contributions from Harry Chotiner and Jennifer Culver that show us something about how the movies work and explore the feminist issues posed by placing Sarah Connor at the center of the story. One essayist, Phillip Seng, addresses the philosophical trouble at the heart of the tale: telling good from evil in politics is hard. This book will earn a place in libraries by presenting serious issues in a way that attracts readers.—Leslie Armour, Dominican Univ. Coll., Ottawa, Ont. (shrink)
A principal goal of the discipline of artificial morality is to design artificial agents to act as if they are moral agents. Intermediate goals of artificial morality are directed at building into AI systems sensitivity to the values, ethics, and legality of activities. The development of an effective foundation for the field of artificial morality involves exploring the technological and philosophical issues involved in making computers into explicit moral reasoners. The goal of this paper is to discuss strategies for implementing (...) artificial morality and the differing criteria for success that are appropriate to different strategies. (shrink)
In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; (...) and this element of truth is not obviated by the more powerful logical techniques that are now available. (shrink)
Around the globe people are confronted daily with intransigent problems of space and place. Educators have historically called for place-based or place-conscious education to introduce pedagogies that will address such questions as how to develop sustainable communities and places. These calls for place-conscious education have included liberal humanist approaches that evolved from the work of Wendell Berry (Ball & Lai, 2006) and critical place-based approaches such as those advocated by David Gruenewald (e.g. Gruenewald, 2003a, 2003b). In this paper I (...) will propose a reconceptualized framework of place as a pedagogical practice that draws on contemporary feminist poststructural and postcolonial philosophies as a basis for an alternative place pedagogy for 'global contemporaneity' (Carter, 2006, p. 683). Within this reconceptualized concept of place I will outline three key principles for a reconceptualised place pedagogy: our relationship to place is constituted in stories and other representations; place learning is local and embodied; and deep place learning occurs in a contact zone of contestation. These principles give rise to new emergent arts-based methodologies for developing and practising place-responsive pedagogies. (shrink)
Ranging from Joseph Bellamy to Hilary Putnam, and from early New England Divinity Schools to contemporary university philosophy departments, historian Bruce Kuklick recounts the story of the growth of philosophical thinking in the United States. Readers will explore the thought of early American philosphers such as Jonathan Edwards and John Witherspoon and will see how the political ideas of Benjamin Franklin, Thomas Paine and Thomas Jefferson influenced philosophy in colonial America. Kuklick discusses The Transcendental Club (members Henry David Thoreau, Ralph (...) Waldo Emerson) and describes the rise of pragmatism centered on Metaphysical Club of Cambridge (and members William James, Oliver Wendell Holmes, and Charles Peirce). He examines the profound impact Darwinism had on American philosophy and looks at Idealists such as the Kantian Josiah Royce and the Hegelian John Dewey. The book shows how, in the twentieth century, the Nazi conquest of Europe unleashed a flood of European intellectuals onto these shores, including such major thinkers as Theodore Adorno, Erich Fromm, Rudolph Carnap, and Alfred Tarski. Finally, Kuklick examines the contributions of such contemporary philosophers as Sidney Hook and Willard Quine and such books as John Rawl's A Theory of Justice and Herbert Marcuse's One Dimensional Man. Kuklick pulls no punches in portraying the state of American philosophy today and its contested role in the intellectual life of the nation and the world. The range of philosophical thought in our nation's history has been great, from Edwards's Religious Affections to Kuhn's The Structure of Scientific Revolutions, and Bruce Kuklick has captured it all in a book that blends intricate details with sweeping vision. (shrink)
Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...) guidance, Cohen argued that within the legal world people tend to create legal concepts and then think that these concepts do or should determine how social disputes must be The philosopher Ludwig Wittgenstein similarly spoke of the way we fool ourselves, when we use a noun for some matter, and then assume that, because nouns usually name objects, here as well there must be some entity that exists out in the world, whose nature can be discovered. Our grammar misleads us. This article explores some of the ways, particularly in contract law and family law, that we have been led astray by our legal language. Because we only rarely have an Oliver Wendell Holmes, Jr., or a Felix Cohen to keep us in line, we need to learn to do the important work ourselves. The great danger is the way that inaccurate language can so easily change our substantive views about what is natural or what is right. If transparency is difficult in legal language, much of the fault may lie with lawyers and judges who want to make their conclusions sound more reasonable, less controversial, and more appealing: so we call it "consent" and "waiver" and "meeting of the minds" and "best interests of the child," when it is in fact something quite different. And at least in the common law systems the process of reasoning and law-making is tied strongly to the past. The new case has to fit into the categories and concepts that we created for a prior case - fitting cases that came up hundreds of years before, in a different society, with different technology, facing a different set of problems. So judges often end up stretching the meaning of concepts, or using legal fictions to bridge the old rule with the new equities. We may never entirely escape the tendency of our own language to mislead us, but clarity in thought and analysis is something towards which we should struggle constantly, and with determination. (shrink)
Recently, there has been a resurgence of interest in general, comprehensive models of human cognition. Such models aim to explain higher-order cognitive faculties, such as deliberation and planning. Given a computational representation, the validity of these models can be tested in computer simulations such as software agents or embodied robots. The push to implement computational models of this kind has created the field of artificial general intelligence (AGI). Moral decision making is arguably one of the most challenging tasks for computational (...) approaches to higher-order cognition. The need for increasingly autonomous artificial agents to factor moral considerations into their choices and actions has given rise to another new field of inquiry variously known as Machine Morality, Machine Ethics, Roboethics, or Friendly AI. In this study, we discuss how LIDA, an AGI model of human cognition, can be adapted to model both affective and rational features of moral decision making. Using the LIDA model, we will demonstrate how moral decisions can be made in many domains using the same mechanisms that enable general decision making. Comprehensive models of human cognition typically aim for compatibility with recent research in the cognitive and neural sciences. Global workspace theory, proposed by the neuropsychologist Bernard Baars (1988), is a highly regarded model of human cognition that is currently being computationally instantiated in several software implementations. LIDA (Franklin, Baars, Ramamurthy, & Ventura, 2005) is one such computational implementation. LIDA is both a set of computational tools and an underlying model of human cognition, which provides mechanisms that are capable of explaining how an agent’s selection of its next action arises from bottom-up collection of sensory data and top-down processes for making sense of its current situation. We will describe how the LIDA model helps integrate emotions into the human decision-making process, and we will elucidate a process whereby an agent can work through an ethical problem to reach a solution that takes account of ethically relevant factors. (shrink)
Oakeshott and His Contemporaries is an exploration of the ideas of one of the most important twentieth-century English political philosophers vis-a-vis related ...
Building artificial moral agents (AMAs) underscores the fragmentary character of presently available models of human ethical behavior. It is a distinctly different enterprise from either the attempt by moral philosophers to illuminate the “ought” of ethics or the research by cognitive scientists directed at revealing the mechanisms that influence moral psychology, and yet it draws on both. Philosophers and cognitive scientists have tended to stress the importance of particular cognitive mechanisms, e.g., reasoning, moral sentiments, heuristics, intuitions, or a moral grammar, (...) in the making of moral decisions. However, assembling a system from the bottom-up which is capable of accommodating moral considerations draws attention to the importance of a much wider array of mechanisms in honing moral intelligence. Moral machines need not emulate human cognitive faculties in order to function satisfactorily in responding to morally significant situations. But working through methods for building AMAs will have a profound effect in deepening an appreciation for the many mechanisms that contribute to a moral acumen, and the manner in which these mechanisms work together. Building AMAs highlights the need for a comprehensive model of how humans arrive at satisfactory moral judgments. (shrink)
"The work is on an important topic that has been oft debated but rarely systematically studied – the political, cultural, and moral effects of distant news coverage of suffering. [The book] is extremely well steeped in the relevant literature, including semiotics, discourse analysis, meda and social theory and makes a fresh methodological contribution by looking at the codes and formats of news about suffering. It has a fresh vision and answer to some of the stickiest moral and media problems of (...) our time … and deserves to find its place among important books about the moral aspects of media and society in our times." —John D. Peters, F. Wendell Miller Distinguished Professor, University of Ohio This book is about the relationship between the spectators in countries of the west, and the distant sufferer on the television screen; the sufferer in Somalia, Nigeria, Bangladesh, India, Indonesia, but also from New York and Washington DC. How do we relate to television images of the distant sufferer? The question touches on the ethical role of the media in public life today. They address the issue of whether the media can cultivate a disposition of care for and engagement with the far away other; whether television can create a global public with a sense of social responsibility towards the distant sufferer. (shrink)
Pragmatism has been called America's only major contribution to philosophy. But since its birth was announced a century ago in 1898 by William James, pragmatism has played a vital role in almost every area of American intellectual and cultural life, inspiring judges, educators, politicians, poets, and social prophets. Now the major texts of American pragmatism, from William James and John Dewey to Richard Rorty and Cornel West, have been brought together and reprinted unabridged. From the first generation of pragmatists, including (...) the Supreme Court Justice Oliver Wendell Holmes and the founder of semiotics, Charles Sanders Peirce, to the leading figures in the contemporary pragmatist revival, including the philosopher Hilary Putnam, the jurist Richard Posner, and the literary critic Richard Poirier, all the contributors to this volume are remarkable for the wit and vigor of their prose and the mind-clearing force of their ideas. Edited and with an Introduction by Louis Menand, Pragmatism: A Reader will provide both the general reader and the student of American culture with excitement and pleasure. (shrink)
Abstract. Few American scientists have devoted as much attention to religion and science as Harvard geologist Kirtley Fletcher Mather (1888–1978). Responding to antievolutionism during the 1920s, he taught Sunday School classes, assisted in defending John Scopes, and wrote Science in Search of God (1928). Over the next 40 years, Mather explored the place of humanity in the universe and the presence of values in light of what he often called “the administration of the universe,” a term and concept he borrowed (...) from his former teacher, geologist Thomas Chrowder Chamberlin. Human values, including cooperation and altruism, had emerged in such a context: “the administrative directive toward orderly organization of increasingly complex systems transcends the urge for survival.” He was also active in the early years of the Institute on Religion in an Age of Science, an organization created by his good friends Ralph Wendell Burhoe and Harlow Shapley. (shrink)
Various authors advocate consideration of stakeholder value concerns in organizational decision making. Brenner and Cochran (1990, 1991) propose a stakeholder theory of the firm which contains several propositions and a stakeholder value matrix. In order to begin any stakeholder rnodel validation, an approach is needed to measure stakeholder value and influence weights. We propose a multicriteria decision modeling approach, utilizing the analytic hierarchy process, to estimate stakeholder value matrix weights. This approach is illustrated using a simplified example and suggestions (...) are made regarding the process needed to begin to validate the stakeholder theory of the firm. (shrink)
Includes writings on pragmatism by Ralph Waldo Emerson, Oliver Wendell Holmes, Jr., George Herbert Mead, Percy W. Bridgman, C. I. Lewis, Horace M. Kallen, Sidney Hook, and, especially, William James, Charles S. Peirce, and John Dewey.
In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher Columbus Langdell, Oliver Wendell Holmes, and Samuel Williston trumped up the legal credentials for their classical bargain theory of contract law. Gilmore's analysis has been subjected to extensive criticism, but its specific, sustained, and fundamental charge that the bargain theory was based on a fraudulent misrepresentation of precedential authority has never been questioned. In this Essay, I argue that Gilmore's case against the classical theorists rests on (...) the suppressed premise that the precedential authority of cases resides in the express judicial reasoning used to decide them. In contrast, I argue that the classical theorists implicitly presuppose that the precedential authority of cases consists in the best theory that explains their outcomes, even if that theory is inconsistent with the case's express judicial reasoning. The classical view of precedential authority completely defuses Gilmore's charge of fraud. In Gilmore's view, merely demonstrating the inconsistency between the proposition for which the classical theorists cited a case and the express reasoning in that case suffices as proof of misrepresentation. But in the classical theorists' view, the express reasoning in a case is simply a theory of its precedential authority, which, like any theory, can be wrong. Thus, the classical theorists simply reject Gilmore's claim that a case cannot properly be cited for a proposition inconsistent with its express reasoning. The real dispute, then, between Gilmore and the classical theorists is over the nature of precedential authority and not the content of contract law. Having reframed the classic death-of-contract debate, I then trace these competing conceptions of precedential authority through the major schools of contemporary contract theory. I argue that a contract theory's embrace of one view instead of the other can be explained by the relative priority it accords to each of the two components in a conception of adjudicative legitimacy. A conception of adjudicative legitimacy consists in a theory of what it means for a decision to be based on law and a theory of what is required for law to be justified. I explain why theories according priority to the former tend to subscribe to the precedents-as-outcomes view, while theories according priority to the latter tend to favor the express reasoning view. The Essay concludes by arguing that the economic analysis of contract law subscribes to the precedents-as-outcomes view and therefore is the contemporary jurisprudential successor to the late nineteenth-century classical theorists. (shrink)
Wendell Wallach and Colin Allen’s Moral Machines: Teaching Robots Right From Wrong (Oxford University Press, 2009) explores efforts to develop machines that, not only can be employed for good or bad ends, but which themselves can be held morally accountable for what they do— artificial moral agents (AMAs). This essay is a critical response to Wallach and Allen’s conjectures. Although Wallach and Allen do not suggest that we are close to being able to create full-fledged AMAs, they do talk (...) seriously about making incremental progress in the direction of creating them (even if we never fully succeed). However, there are important questions about the moral development of AMAs that Moral Machines does not address. Given the responsibilities entrusted to human moral agents, we take questions about their moral development very seriously. In the case of children, the hope is that eventually they will develop into full-fledged moral agents. How might we expect this to go with less than fully formed AMAs? Will there be a comparable story of moral development and moral education that we can tell? (shrink)
... four most important American legal theorists of the last hundred years. Of the others, Oliver Wendell Holmes Jr., Roscoe Pound, and Karl N. Llewellyn, ...
: Popular debates about "victim feminism" have receded but underlying concerns about the extent of gender inequality and usefulness of strategies highlighting difference are still relevant. This paper applies Susan Wendell's framework—relating to women's agency under conditions of oppression—to the experience of women firefighters. The framework fits well, but one case reveals the need to modify it by attending to community. An elaboration of the framework is then used to examine four policy issues.
In this book, controversial and world-renowned theologian, Stanley Hauerwas, tackles the issue of theology being sidelined as a necessary discipline in the modern university. It is an attempt to reclaim the knowledge of God as just that – knowledge. Questions why theology is no longer considered a necessary subject in the modern university, and explores the role it should play in the development of our “knowledge” Considers how theology is often excluded from the knowledges of the modern university because these (...) are constituted by an understanding of time necessary to make economic and state realities seem inevitable Argues that it is precisely this difference that makes Christian theology an essential resource for the university to achieve its task - that is, to form people who are able to imagine a different world through critical and disciplined reflection Challenges the domesticated character of much recent theology by suggesting how prayer and the love of the poor are essential practices that should shape the theological task Converses with figures as diverse as Luigi Giussani, David Burrell, Stanley Fish, Wendell Berry, Jeff Stout, Rowan Williams and Sheldon Wolin Published in the new and prestigious Illuminations series. (shrink)
