The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices." (...) class='Hi'>Applbaum begins by examining the career of Charles-Henri Sanson, who is appointed executioner of Paris by Louis XVI and serves the punitive needs of the ancien régime for decades. Come the French Revolution, the King's Executioner becomes the king's executioner, and he ministers with professional detachment to each defeated political faction throughout the Terror and its aftermath. By exploring one extraordinary role and the arguments that can be offered in its defense, Applbaum raises unsettling doubts about arguments in defense of less sanguinary professions and their practices.To justify harmful acts, adversaries appeal to arguments about the rules of the game, fair play, consent, the social construction of actions and actors, good outcomes in equilibrium, and the legitimate authority of institutions. Applbaum concludes that these arguments are weaker than supposed and do not morally justify much of the violation that professionals and public officials inflict. Institutions and the roles they create ordinarily cannot mint moral permissions to do what otherwise would be morally prohibited. (shrink)

In “Professional Detachment: The Executioner of Paris,” I concluded with the cheap and some would say libelous suggestion that lawyers might accurately be described as serial liars, because they repeatedly try to induce others to believe in the truth of propositions or in the validity of arguments that they believe to be false. Good lawyers have responded with some indignation that, in calling zealous advocacy “lying,” I have misdescribed the practice of law. I wish to explain why I believe that (...) it is the practice of lawyering that engages in misdescription. (shrink)

In Legitimacy: The Right to Rule in a Wanton World, I offer both a conceptual analysis of legitimacy, the power-liability view, and a substantive moral theory, the free group agency view. Here, I defend my account against three challenges brought by Kjarsten Mikalsen. First, though I argue that conceptual analysis should not prematurely close open moral questions, it is not my view that conceptual analysis must have no substantive implications. Second, though I acknowledge that free group agency ordinarily supports a (...) moral duty to obey, it is a feature, not a bug, that my conceptual analysis is consistent with moral theories that disagree with my preferred moral theory. Third, I argue that Mikalsen’s proposed explanation of justified civil disobedience, which sees law in such cases as creating a moral claim-right that entails a merely presumptive duty, is less perspicuous than the explanation given by the power-liability view. Along the way, I emphasize that the distinction between felicitous moral power and justified causal power is as important as the distinction between moral liability and moral duty. (shrink)

What makes a government legitimate? Arthur Isak Applbaum rigorously argues that the greatest threat to democracies today is not loss of basic rights or despotism. It is the tyranny of unreason: domination of citizens by incoherent, inconstant, incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

Examines Applbaum's elaboration, on contractualist grounds, of a plausible understanding of adversarial ethics, primarily but not exclusively in the contest of the legal system. Raises criticisms of what are arguably unnecessary concessions and offers the behavior of US government lawyers in the Korematsu case as an example for consideration.

This article aims to make conceptual room for a view about political legitimacy called the power-liability account. The view claims that politi- cal legitimacy is a form of normative power that entails moral liability, but not necessarily a moral claim-right that entails moral duty. The power-liability account supports appealing interpretations of justified civil disobedience in the face of legitimate but unjust law at home and of justified human rights interventions that violate legitimate international law abroad. I argue here only for (...) the conceptual possibility of this view, not for its normative correctness. I believe that the power-liability view indeed is correct, but it often is thought that the view not only is false but also incoherent. Many hold that entailed duty and immunity are built into the meaning of the concept of political legitimacy. My task is to loosen these conceptual strictures. (shrink)

In this paper, I take issue with Arthur Isak Applbaum’s power-liability view of political legitimacy. In contrast to the traditional view that legitimate rule entails a moral duty to obey, here called the right-duty view, Applbaum argues that political legitimacy is a moral power that entails moral liability for the subjects of political rule. According to Applbaum, the power-liability view helps us explain how responsible citizens in some cases can act contrary to law while still (...) recognizing the claims of law. Against Applbaum’s attempt at establishing the power-liability view through conceptual analysis, I argue that we cannot specify the moral implications of de jure legitimacy without considering the moral argument that justifies the right to rule. I further argue that Applbaum’s normative account of political legitimacy implies commitment to a normative idea that forms the basis of a strong case in favor of the right-duty view. Finally, I argue that the present defense of the right-duty view has resources to account for the moral phenomena that prompt Applbaum’s advocacy of the power-liability view. (shrink)

The American Medical Association enacted its Code of Ethics in 1847, the first such national codification. In this volume, a distinguished group of experts from the fields of medicine, bioethics, and history of medicine reflect on the development of medical ethics in the United States, using historical analyses as a springboard for discussions of the problems of the present, including what the editors call "a sense of moral crisis precipitated by the shift from a system of fee-for-service medicine to a (...) system of fee-for-system medicine, better known as 'managed care.'" The authors begin with a look at how the medical profession began to consider ethical issues in the 1800s and subsequent developments in the 1900s. They then address the sociological, historical, ethical, and legal aspects of the practice of medicine. Later chapters discuss current and future challenges to medical ethics and professional values. Appendixes display various versions of the AMA's Code of Ethics as it has evolved over time. Contributors: George J. Annas, J.D., M.P.H., Arthur Isak Applbaum, Ph.D., Robert B. Baker, Ph.D., Chester R. Burns, M.D., Ph.D., Arthur L. Caplan, Ph.D., Alexander Morgan Capron, J.D., Christine K. Cassel, M.D., Linda L. Emanuel, M.D., Ph.D., Eliot L. Freidson, Ph.D., Albert R. Jonsen, Ph.D., Stephen R. Latham, J.D., Ph.D., Susan E. Lederer, Ph.D., Florencia Luna, Ph.D., Edmund D. Pellegrino, M.D., Charles E. Rosenberg, Ph.D., Mark Siegler, M.D., Rosemary A. Stevens, Ph.D., Robert M. Tenery, Jr., M.D., Robert M. Veatch, Ph.D., John Harley Warner, Ph.D., Paul Root Wolpe, Ph.D. (shrink)

In this article, we argue that physicians have normative authority over patients. First we elaborate on the nature of normative authority. We then examine and critique Arthur Isak Applbaum’s view that physicians lack authority over patients. Our argument appeals to four cases that demonstrate physicians’ authority.

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, (...) when fully unfolded, refers to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

This is a revised and expanded edition of a seminal work in the logic and philosophy of time, originally published in 1968. Arthur N. Prior (1914-1969) was the founding father of temporal logic, and his book offers an excellent introduction to the fundamental questions in the field. Several important papers have been added to the original selection, as well as a comprehensive bibliography of Prior's work and an illuminating interview with his widow, Mary Prior. In addition, the Polish logic (...) which made Prior's writings difficult for many readers has been replaced by standard logical notation. This new edition will secure the classic status of the book. (shrink)

This innovative - and pessimistic - view has proved powerfully influential upon philosophy and art, directly affecting the work of Nietzsche, Wittgenstein and ...

The winning entry in a competition held by the Royal Norwegian Society of Sciences, Schopenhauer's 1839 essay brought its author international recognition. Its brilliant and elegant treatments of free will and determinism elevated it to a classic of Western philosophy, and its penetrating reflections still remain relevant. Schopenhauer makes a distinction between freedom of acting (which he endorses) and the freedom of willing (which he refutes) in a clear and rigorous treatment that reveals many basic features of his philosophy. A (...) useful introduction to Schopenhauer for students of philosophy and religion. (shrink)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

John Greco (2020) sets out to create a unified virtue-theoretic account of knowledge generation and transmission in his book The Transmission of Knowledge. One of the advantages of his view is that it can defend the achievement view from a known strand of counterexamples. To accomplish that, he relies on joint agency being essential to knowledge transmission. Joint agency can be characterized as a sort of interdependent and interactive cooperation between speaker and hearer that share an intention to transmit knowledge. (...) This paper introduces the phenomenon of unwanted knowledge transmission which shows that joint agency, as Greco presents it, is not essential to knowledge transmission. Four types of unwanted knowledge transmissions will be introduced that pose threats to Greco’s account by showing that shared intention, a key characteristic of joint agency, is not present in all instances of knowledge transmission. Finally, some potential ways to defend Greco’s view will be considered and discussed. (shrink)

Schopenhauer argues, in uniquely powerful prose, that self-consciousness gives the illusion of freedom and that human actions are determined, but that we rightly feel guilt because our actions issue from our essential individual character. He locates moral value in the virtues of loving kindness and voluntary justice that spring from the fundamental incentive of compassion. Morality's basis is ultimately metaphysical, resting on an intuitive identification of the self with all other striving and suffering beings. The Introduction by leading Schopenhauer scholar (...) Christopher Janaway gives a clear summary of the argument of the essays in the context of Schopenhauer's life and works and the history of ethics in the modern period. --from publisher description. (shrink)

The self-revelation of God through His Manifested Presence occurred in a variety of natural, cultural and historical spaces. This manifested in the liturgical communion of His people during public worship events, which in the Old Testament took place in the Tabernacle and the Temple. In the New Testament the role of the Temple changed, and the Church as God’s community became the space where believers experienced spirituality. The historical development of the Church was supported by spaces that were created for (...) spiritual experience and liturgy. In these spaces, spirituality was aided by liturgical activities, music, art, education and other aesthetic symbols. With the dawning of the 21st century the world has changed drastically. The Pentecostal experience after Azusa street gave emphasis to the spreading of the gospel into a variety of missionary and apostolic spaces. Therefore, the Church must think strategically regarding the spaces created to experience spirituality. (shrink)

Education at all levels is increasingly augmented and enhanced by data mining and analytics, catalysed by the growing prevalence of automated distance learning. With an unprecedented capacity to scale both horizontally and vertically, data mining and analytics are set to be a transformative part of the future of education. We reflect on the assumptions behind data mining and the potential consequences of learning analytics, with reference to an issue brief prepared for the U.S. Department of Education entitled Enhancing Teaching and (...) Learning Through Educational Data Mining and Learning Analytics. We argue that the associated gains conceal subtle, but important risks. Data-ism, an underpinning paradigm, assigns unjustified veracity to data-driven science and the application of personalised analytics may compromise individual privacy, agency and inventiveness. This holds serious ethical implications, particularly when considering the impact on minors, rendering wholesale adoption premature. (shrink)

本書擷取叔本華"處世智慧錄"中影響世人最深遠,最精采的思辨與箴言部分,經過學者權威的中譯與英譯,結合為唯一的中英對照本,能幫助我們進入叔本華思想的哲學著作.

Über die Universitäts-Philosophie -- Über Schopenhauer -- Editorische Notiz.

This is the text of The Lindley Lecture for 1962, given by Arthur N. Prior (1914-1969).

Twentieth-century developments in quantum physics, together with an emerging science of consciousness, have created the need for a new cosmology, or model of the universe. The theory of process contained in THE REFLEXIVE UNIVERSE places consciousness within the context of contemporary science. One of the central themes of this extraordinary work is that each successive organization of matter, from fundamental particles in physics to living organisms, expresses a particular stage in the evolution of mind. Starting with the photon, the basic (...) unit of light, and moving through atomic physics, molecular chemistry, the morphology of plants and animals and finally to levels of human evolution, Young develops his theory in vivid step-by-step detail. Consciousness, in his point of view, is not isolated from the material universe. It exists in a continuum, one in which physical and nonphysical realms can be linked and the teachings of mythology and religion can be integrated. To order: FAX: 415-883-9280; e-mail: [email protected]; or write: Anodos Foundation, c/o Publishers Services, P.O. Box 2510, Novato, CA 94948. Visa and MasterCard only. Trade STOP orders 40% plus postage. (shrink)