These comments seek to take issue with the contention that society has a responsibility to provide its members with any needed health care. In order to deal with this claim, we must first make clear exactly what it meant by the proposition. I take it that those who embrace this view mean considerably more than that each of us has a moral obligation to contribute to those in need of medical attention who are unable, for one reason or another, to (...) afford the necessary care. This is a moral proposition and is traditionally dealt with under the heading of charity. But the contention, as here used, means considerably more since its main implications are not moral but primarily political. (shrink)

“Every step and every movement of the multitude, even in what are termed enlightened ages, are made with equal blindness to the future; and nations stumble upon establishments, which are indeed the result of human action, but not the execution of any human design.”—_Adam Ferguson_ During the Scottish Enlightenment, David Hume, Adam Smith, Adam Ferguson, and other lesser thinkers described a theory of spontaneously generated social order. Ronald Hamowy discusses their contributions to this significant area of social theory, (...) noting that the revolutionary aspect of these philosophers’ thoughts was “the proposition that social phenomena of a high degree of intricacy are not the product of intentional design.” Hamowy shows that Hume is best known for his application of the theory to justice, developing it most thoroughly in the _Treatise of Human Nature. _Adam Smith’s first treatment of it is in the _Theory of Moral Sentiment, _published before the significant _Wealth of Nations. _There Smith uses it to explain the development of general rules that compose the moral fabric of societies. All of these thinkers used their notion of spontaneously generated social order to explain systems of moral rules and social systems. In addition Adam Ferguson and David Hume applied the theory to language, as well as to economic development. (shrink)

The last thirty years has witnessed an explosion of scholarly books and articles on Locke which, claims Harpham, has "recast our most basic understanding of Locke as a historical actor and political theorist, the Two Treatises as a document, and liberalism as a coherent tradition of political discourse". The seven articles in this volume attempt to assess this "new scholarship," which is described as revisionist and historicist. This volume is now probably the best introduction to the "new scholarship." The introduction (...) by Edward Harpham, "Locke's Two Treatises in Perspective," and the bibliography provide a nice summary of key ideas, books, and articles. The essence of the new perspective is best stated by Richard Ascraft [[sic]] in "The Politics of Locke's Two Treatises of Government": "Locke's thought is thus both philosophically more conservative and politically more radical than we have hitherto supposed. In short, Locke is at once closer to Aristotle and Hooker and to the levelers and Sidney than the prevailing interpretations of his political thought maintain". Ashcraft attempts to separate Locke from the philosophy of Hobbes on such issues as resistance, toleration, justice and natural law, obligation; he directs his argument against Macpherson and Strauss, whose presences haunt the borders of the new scholarship. Eldon Eisenach, in his "Religion and Locke's Two Treatises of Government," interprets Locke's philosophy as marked by a deep skepticism regarding the reach of natural reason and informed by a "deep faith in the efficacy of biblical revelation" as the source of our moral and political duties. Eisenach comes close to dissenting from the new scholarship by wondering whether "Dunn and Ashcraft" are whistling in the dark concerning the coherence of Locke's "worldview"; but he closes ranks with the assertion that the Essay lays out a path to salvation. Eisenach concludes that Locke is not antireligious and secular, but a defender of biblical Christianity. The new scholarship must emphasize all the more a "spiritualist and assertively evangelical Locke". David Resnick, in "Rationality and the Two Treatises," attempts to recover the portrait of Locke as an antitraditionalist, committed to a critical rationalism. Resnick uses Weber's theory of rationality to render a consistent account of Locke's social analysis. Yet Resnick also insists that Locke's political philosophy is not self-interested and atomistic but is rooted in a fully Christian worldview: "Locke's deeply held theological convictions about the existence, benevolence and rationality of God ground his reasoning in a metaphysically stable framework". This religious assumption provides a basis for Locke's "rationality." But a new inconsistency is opened up by this resolution--a rationalism rooted in religious faith, by a philosopher who continually urged their distinction. Karen Iversen Vaughn, in "The Economic Background to Locke's Two Treatises of Government," attempts to correct the new scholarship's neglect of the economic premises of Locke's political philosophy; this neglect is part of an overreaction to Macpherson, but Vaughn offers a moderate economic interpretation of Locke. Vaughn shows the importance of rational self-interest in economic behavior, the necessity of political society to set conditions for economic pursuit: limit on sovereign power is an example of self-interest and evidence that "economic aspects of man's behavior permeated all aspects of life". Further, "civil society requires enforceable rules to contain the self-seeking actions of all men, so that life, liberty and property can be protected". Vaughn's essay opens the back door to the "self-interested" Locke of the "old scholarship." Ronald Hamowy, in "Cato's Letters, John Locke, and the Republican Paradigm," also seeks to redress the imbalance of the new scholarship, arguing that Locke's philosophy was not displaced by the civic humanist tradition and republican virtue. He offers a detailed analysis of Cato's Letters by John Tenchard and Thomas Gordon. Like Locke, "Cato" defines political authority in terms of inalienable rights. His analysis of liberty is strikingly Lockean, and not republican. Pocock's assessment of Locke's irrelevance to Whiggism and the American founding must be rejected. In the final essay, "Locke's Two Treatises and Contemporary Thought: Freedom, Community and the Liberal Tradition," Stephen L. Newman compares contemporary American libertarian and communitarian alternatives to the liberal welfare state. Newman offers a very trenchant criticism of libertarianism as decidedly non-Lockean by dint of its utter depoliticization of all behavior and its tendency to restore the execution of natural law to the private citizen and private groups. On the other hand, communitarianism fails to provide a sufficiently specific and robust notion of the common good, and more consistent writers like Walzer and Barber fall back not upon a teleological community, but autonomy mixed with participation. Locke's distinction of politics from economics, family, and social groups still provides the most workable and realistic account of politics available in the modern world; hence Newman concludes that libertarianism and communitarianism offer "impoverished" political theories. (shrink)

In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does not (...) want to dispute over my ground and so changes the subject, and in doing so offers a number of interesting points. Only the fourth, Prof. Enoch, has the same doubts about the utility of my original article as I do of the genre that gave rise to it. I can thus be quite brief in discussing professors Pardo, Spellman, and Muffato, but it will take bit more effort to lay out the limits of Prof. Enoch’s analysis. (shrink)

Dating back to the 1930s, President Franklin D. Roosevelt argued that workers were entitled to a wage that allowed them to enjoy a decent standard of living—a conviction that led the president to propose the first federally-mandated minimum wage. Mr. Roosevelt’s proposal was met with highly partisan resistance in congress and the courts—reactions not different in kind from the highly partisan resistance former President Obama experienced in his proposal to increase the federal minimum wage from its current level of $7.25 (...) per hour. Reflecting President Roosevelt’s convictions, it is clear that many low wage workers today are not, and cannot, enjoying a decent standard of living at current minimum wage levels. Further, many of the economic arguments raised in opposition to increasing the minimum wage have been thoroughly discredited: empirical evidence suggests that increased minimum wages would not lead to dramatic spikes in unemployment, massive substitutions of capital for labor, business closings, and significantly increased consumer prices. However, as compelling as arguments for increasing the minimum wage may be, the reality is that this may not be sufficient to alleviate the plight of low income workers, particularly given the political nature of minimum wage adjustments. Indeed, it may be time to shift the national focus away from the minimum wage to an emphasis on viable living wage legislation, a proposition consistent with the social justice perspective of contemporary ethicists. (shrink)

Journal of Political Philosophy, EarlyView.

This brief essay explores how understanding the treatment of expert evidence requires engaging with its legal and political contexts, and not just focusing on its epistemological aspects. Although the law of evidence and thus its treatment of experts is significantly informed by epistemological considerations, it is also informed by concerns over the organization of trials, larger issues of intelligent governance, social concerns, and enforcement issues. These five aspects to the law of evidence give rise to principles to guide the explicit (...) structuring of the law of evidence that are identified here as well. This complexity helps to explain why the central issue of expert testimony is not the epistemological one of knowledge and belief but instead the conflict between educational and deferential modes of trial. (shrink)

The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.

As consumer lifestyles have changed over recent decades, people have increasingly turned to meals prepared away from home. A major consequence of this shift in eating patterns has been a concomitant rise in obesity rates worldwide. Research has consistently documented that consumers tend to make less healthy choices when purchasing prepared meals away from home. In part, this can be attributed to inadequate information at the time of purchase; both nutrition experts and lay consumers tend, for example, to underestimate calories (...) in food purchased away from home and thus portion sizes tend to be larger. Thus, by requiring restaurants and other purveyors of prepared foods to provide the calorie content and other nutrition information at the point of purchase, consumers should be able to make more informed decisions and public health should be improved. The often maligned Affordable Care Act (i.e., “Obamacare”) addressed this issue in a mandate calling for compulsory nutrition labeling of prepared foods at the point of sale. In response to this effort, conservatives in Congress introduced the “Common Sense Nutrition Disclosure Act” (CSNDA) which, if enacted, would have effectively eviscerated the menu labeling provisions mandated by the Affordable Care Act. The stated rationale behind this legislation: to protect small business and prevent job loss resulting from overly‐burdensome federal regulations. This article provides a historical look at the evolution of federally mandated menu labeling in the United States with particular emphasis on opposition to its passage. The position is taken such that this legislation is beneficial, warranted, and long overdue, and its opposition, as reflected in the CSNDA, points to the need for new metrics when evaluating public policy. (shrink)

The problem of providing mandated medical care has become commonplace as correctional systems in the United States struggle to manage unprecedented increases in its aging prison population. This study explores older incarcerated women’s perceptions of prison health care policies and their day-to-day survival experiences. Aggregate data obtained from a sample of 327 older women residing in prison facilities in five Southern states were used to identify a baseline of health conditions and needs for this vulnerable group. With an average of (...) 4.2 chronic health conditions, frequently histories of victimization, and high rates of mental health issues, the women’s experiences of negotiating health care was particularly challenging. By incorporating the voices of older women, we expose the contradictions, dilemmas, and obstacles they experience in their attempts to obtain health care. It is clear from the personal accounts shared that, despite court mandates, penal harm practices such as delaying or denying medical treatment as well as occasional staff indifferences are common in women’s prisons. With older women having the greatest need for health care, an age- and gender-sensitive approach is recommended. (shrink)

We show in ZFC that if there is no proper class inner model with a Woodin cardinal, then there is an absolutely definablecore modelthat is close toVin various ways.

In this paper we examine the effects of different competitive conditions on the determination and evaluation of strategies of corporatesocial responsibility (CSR). Although the mainstream of current thinking in business ethics recognizes that a firm should invest in social responsibility, the normative theory on how specific competitive conditions affect a firm’s social responsibility remains underdeveloped. Intensity of competition, risks to reputation and the regulatory environment determine the competitive conditions of a firm. Our central thesis is that differential strength of competition (...) produces differential moral legitimacy of firm behavior. When competition is fierce or weak, different acts or strategies become morally acceptable, as well as economically rational. A firm has to develop its own strategy of social responsibility, in light of its competitive position, as well as ethical considerations. (shrink)

Following a series of national protests in support of an increase in the federal minimum wage, many fast food workers faced retaliation by their employers when they returned to work; schedules were changed, wages and hours were reduced, and some employees were terminated. These retaliatory actions resulted in a number of complaints being filed with the National Labor Relations Board alleging violations of the National Labor Relations Act. Several of the complaints were found to have merit and, additionally, in several (...) instances both the immediate employer, the franchisee, and the corporate organization of which it was a part, the franchisor, were named as co‐defendants. This ruling—that franchisors like McDonald’s USA—could be held jointly responsible for the labor violations of independent franchisees reversed a long‐standing precedent, whereby franchisees were regarded as independent contractors solely responsible for day‐to‐day labor practices, including compliance with federal and state labor statutes. Critics of the ruling argue that it will open the door to unionization and may well spell the end of the service‐sponsor franchising format. Supporters of the NLRB argue that the ruling is just and reflects new “industrial realities” in retail labor markets. Further, a case can be made that the NLRB’s position represents a step in the direction of the restoration of more equitable balance of power between labor and management. (shrink)

Hart's "Ascription of Responsibility and Rights" is where we find perhaps the first clear pronouncement of defeasibility and the technical introduction of the term. The paper has been criticised, disavowed, and never quite fully redeemed. Its lurid history is now being used as an excuse for dismissing the importance of defeasibility.

Considers the effects of the browning of America on philosophical debates over race, racism, and social justice.

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)

Despite both positive and negative perceptions of the current state of higher education, the contemporary debate over what it is to be a university is limited. Most of all, it is limited imaginatively. The range of imagined options is narrow. The imagination has not been given anything even approaching a wide scope. As a result, our sense as to what a university could be and could become in the modern age is itself impoverished. If we are seriously to develop a (...) wide range of ideas of the university that is adequate to the challenges of the modern world, the imagination itself needs to be freed. Imagining the University seeks to address each of these sets of issues and will do so by first, identifying a very wide range of ideas of the university as it is now unfolding and could become; secondly, by evaluating those conceptions of the university with a classification of ideas of the university; and thirdly, by reflecting on the imagination itself, its current impoverishment and its possibilities. Whether studying, researching or deciding policy, this book is vital reading to all those involved in the planning and delivery of higher education. (shrink)

Disturbed by these acrimonious arguments, the authors - former colleagues and university-press board members - embarked on an ambitious project to reexamine a number of major literary and philosophical works dealing with the liberal arts and education. With their discussions ranging from Plato to Rousseau, from Cicero to Vico, from Erasmus to Matthew Arnold, Sousa and Weinsheimer offer not a history of education philosophy but an examination of the present.

This combination textbook and anthology provides coverage of the fundamental topics in current medical ethics adn familiarizes the reader with the basic moreal and social issues confronting the medical profession today.

Forty years ago, Vaughn Ball demonstrated that the then received notion of conditional relevance served no useful purpose, as it would only come into effect if the probability of an element were 0.0. But, if the probability of an element were 0.0, a directed verdict would be in order and so once again conditional relevancy was doing no work. I extended that analysis to include the relationship between proffers of evidence and facts of consequence to demonstrate that the work that (...) conditional relevancy was supposedly doing was isomorphic to that done by relevancy in all significant ways, and yet the Federal Rules of Evidence provide different standards for the two situations to determine admissibility. I thus proposed an amendment to FRE 104(b) to provide for the same standard to be applied to ‘relevancy’ and ‘conditional relevancy’. In a recent article, Matthew Kotzen appears to subject this work to intense scrutiny and criticism, yet at the same time reaches, so far as I can tell, identical conclusions. This raises the question, which I examine, whether this is an example of cross-disciplinary difficulties in communication. (shrink)

This paper is a contribution to that part of science studies known as 'the cognitive study of science'. The general goal of such studies is to understand cogni-.

Adopting the stage metaphor suggested in Brown’s review, and treating Scientific perspectivism as a play in five acts, I respond to his review as a playwright might respond to a generally favorable review. Taking the reader behind the stage door, I discuss the playwright’s intentions for each act, paying special attention to the expected audience for the play as a whole. The result, therefore, supplements the review from the standpoint of the playwright. It also provides answers to some of the (...) reviewer’s questions.Keywords: Matthew Brown; Scientific perspectivism. (shrink)