In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries (...) makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well. (shrink)

Every year in this country, some 10,000 college and university courses are taught in applied ethics. And many professional organizations now have their own codes of ethics. Yet social science has had little impact upon applied ethics. This book promises to change that trend by illustrating how social science can make a contribution to applied ethics. The text reports psychological studies relevant to applied ethics for many professionals, including accountants, college students and teachers, counselors, dentists, doctors, journalists, nurses, school teachers, (...) athletes, and veterinarians. Each chapter begins with the research base of the cognitive-developmental approach--especially linked to Kohlberg and Rest's Defining Issues Test. Finally, the book summarizes recent research on the following issues: * moral judgment scores within and between professions, * pre- and post-test evaluations of ethics education programs, * moral judgment and moral behavior, * models of professional ethicseducation, and * models for developing new assessment tools. Researchers in different professional fields investigate different questions, develop different research strategies, and report different findings. Typically researchers of one professional field are not aware of research in other fields. An important aim of the present book is to bring this diverse research together so that cross-fertilization can occur and ideas from one field can transfer to another. (shrink)

The goal of this book is to develop a new approach to reading the rule-following sections guided by a simple idea. The simple idea is that Wittgenstein's remarks on rule-following are split between two distinct but complementary projects. The projects are marked not only by different guiding questions, but different presuppositions and methodologies. There is of course precedent for reading the rule-following remarks as comprising two parts. For example, there is the reading of (S. Kripke 1982) on which Wittgenstein first (...) presents a skeptical challenge before turning to its skeptical solution. And there are readings like (Minar 2011) and (Goldfarb 2012) that likewise treat the sections as roughly divided into two components or "chapters." But even these commentators do not explicitly associate their components with different questions and associated methodologies, and so fall short of attributing to Wittgenstein's text anything quite like the thoroughgoing bipartite structure I will be proposing here. (shrink)

The concept of hegemonic masculinity has influenced gender studies across many academic fields but has also attracted serious criticism. The authors trace the origin of the concept in a convergence of ideas in the early 1980s and map the ways it was applied when research on men and masculinities expanded. Evaluating the principal criticisms, the authors defend the underlying concept of masculinity, which in most research use is neither reified nor essentialist. However, the criticism of trait models of gender and (...) rigid typologies is sound. The treatment of the subject in research on hegemonic masculinity can be improved with the aid of recent psychological models, although limits to discursive flexibility must be recognized. The concept of hegemonic masculinity does not equate to a model of social reproduction; we need to recognize social struggles in which subordinated masculinities influence dominant forms. Finally, the authors review what has been confirmed from early formulations and what needs to be discarded. The authors suggest reformulation of the concept in four areas: a more complex model of gender hierarchy, emphasizing the agency of women; explicit recognition of the geography of masculinities, emphasizing the interplay among local, regional, and global levels; a more specific treatment of embodiment in contexts of privilege and power; and a stronger emphasis on the dynamics of hegemonic masculinity, recognizing internal contradictions and the possibilities of movement toward gender democracy. (shrink)

As documented in Part I, monogenism, the descent of all human beings from Adam and Eve, was closely linked to the Catholic doctrine of original sin throughout the first half of the twentieth century. Theological reservations about polygenism, the more scientifically supported account of human origins through a transitional population, was brought to a head by Pius XII’s 1950 encyclical Humani generis. Although the encyclical allowed discussion of human evolution, polygenism was prohibited because “It does not appear how such a (...) view can be reconciled with the doctrine of original sin.” Nevertheless, during and after Vatican II de facto theological acceptance of polygenism became commonplace even though the prohibition was not withdrawn. While some modern conceptions of original sin make a reliance upon monogenism unnecessary, another school of thought emphasizes a spiritual rather than a biological understanding of the concept. It remains to be seen whether polygenism can be unanimously accepted as a scientific phenomenon that is not theologically threatening. Reflection on the Vatican’s long period of ambivalence about the motion of the earth suggests that a similar prospect can be foreseen for polygenism even though it is subject to development in a manner that geostasis was not. (shrink)

Since Einstein’s failure to define a Grand Unified Theory, physicists have pursued a comprehensive theory explaining nature, a Theory of Everything. But because General Relativity, Quantum Field Theory, and Cosmology have little in common, defining one theory is an imposing task, having eluded the best scientists for ninety years. So are we close to defining a Theory of Everything? This analysis, after defining requirements, identifies four possible options for a Theory of Everything. Quotes from prominent physicists express divergent views on (...) each alternative.The leading proposal for a Theory of Everything is String Theory, which has possible issues. It requires supersymmetry, has extra compacted dimensions, and is background-dependent. A second less comprehensive theory is Loop Quantum Gravity, which emphases background-independence based on discrete quantum space. Explaining how theories define relationships between spacetime, quantum space, quantum time, and quantum gravity, positions the role of background-independence in proposed theories. If supersymmetry and extra dimensions are discovered, String Theory or a modified String Theory integrated with Loop Quantum Gravity, may be the option. Or, possibly a radically new theory might be developed. Or, as the last option considers, the answer to the question — Does a Theory of Everything exist? — may be no; if so, nature will always be a mystery. (shrink)

We report the results of a study that investigated the views of researchers working in seven scientific disciplines and in history and philosophy of science in regard to four hypothesized dimensions of scientific realism. Among other things, we found that natural scientists tended to express more strongly realist views than social scientists, that history and philosophy of science scholars tended to express more antirealist views than natural scientists, that van Fraassen’s characterization of scientific realism failed to cluster with more standard (...) characterizations, and that those who endorsed the pessimistic induction were no more or less likely to endorse antirealism. (shrink)

In _Anarchist Prophets_ James R. Martel juxtaposes anarchism with what he calls archism in order to theorize the potential for a radical democratic politics. He shows how archism—a centralized and hierarchical political form that is a secularization of ancient Greek and Hebrew prophetic traditions—dominates contemporary politics through a prophet’s promises of peace and prosperity or the threat of violence. Archism is met by anarchism, in which a community shares a collective form of judgment and vision. Martel focuses on the (...) figure of the anarchist prophet, who leads efforts to regain the authority for the community that archism has stolen. The goal of anarchist prophets is to render themselves obsolete and to cede power back to the collective so as to not become archist themselves. Martel locates anarchist prophets in a range of philosophical, literary, and historical examples, from Hobbes and Nietzsche to Mary Shelley and Octavia Butler to Kurdish resistance in Syria and the Spanish Revolution. In so doing, Martel highlights how anarchist forms of collective vision and action can provide the means to overthrow archist authority. (shrink)

We report the results of two studies that examine folk metaethical judgments about the objectivity of morality. We found that participants attributed almost as much objectivity to ethical statements as they did to statements of physical fact and significantly more objectivity to ethical statements than to statements about preferences or tastes. In both studies, younger participants attributed less objectivity to ethical statements than older participants. Females were observed to attribute slightly less objectivity to ethical statements than males, and we found (...) important interactions between attributions of objectivity and other factors, such as how strong participants’ moral opinions were and how much disagreement about the issue they perceived to exist within society. We believe our results have significant implications for debates about the nature of folk morality and about the nature of morality in general. (shrink)

Knobe (2003a, 2003b, 2004b) and others have demonstrated the surprising fact that the valence of a side-effect action can affect intuitions about whether that action was performed intentionally. Here we report the results of an experiment that extends these findings by testing for an analogous effect regarding knowledge attributions. Our results suggest that subjects are less likely to find that an agent knows an action will bring about a side-effect when the effect is good than when it is bad. It (...) is further argued that these findings, while preliminary, have important implications for recent debates within epistemology about the relationship between knowledge and action. (shrink)

In this, the first of two ground-breaking volumes on the nature of language in the light of the way it evolved, James Hurford looks at how the world first came ...

De se exceptionalism is the view, notably championed by Perry (1979) and Lewis (1979), that our characteristically 'first-personal' ways of thinking about ourselves present unique challenges to standard views of propositional attitudes like belief. Though the view has won many adherents, it has recently come under a barrage of deserved criticism. A key claim of detractors is that classic examples used to motivate de se exceptionalism from de se ignorance or misidentification are nothing more than familiar Frege-puzzles, which raise no (...) issues exclusive to self-directed thought. After reviewing how this simple objection has substantial force against the classic defenses of exceptionalism, I provide new arguments based on cases of pure de se ignorance that avoid the criticism. Afterward, I revisit Lewis's defense of exceptionalism, diagnosing how he arrived at roughly the right conclusions on the basis of an argument that begged critical questions and obscured the representationally unique features of the de se. (shrink)

Philosophy and Phenomenological Research, EarlyView.

This paper reports the results of a four year study to measure the effect of a Business and Society course on the ethical judgment of students. The research involves a matched pre/post survey with control design, with the Business and Society course functioning as the treatment variable. The subjects were undergraduate and graduate (M.B.A.) business students (n=460). The answer to the question posed by the title of this paper is yes, in a more ethical direction.

Infamous cases like Enron and Bernie Madoff question whether business is an inherently dubious activity. Honorable Business argues that there is, in fact, such a thing as honorable business, which seeks to generate value not only for itself but for all parties to its transactions-and to society generally.

Abductivists claim that explanatory considerations (e.g., simplicity, parsimony, explanatory breadth, etc.) favor belief in the external world over skeptical hypotheses involving evil demons and brains in vats. After showing how most versions of abductivism succumb fairly easily to obvious and fatal objections, I explain how rationalist versions of abductivism can avoid these difficulties. I then discuss the most pressing challenges facing abductivist appeals to the a priori and offer suggestions on how to overcome them.

Th e present article reports a series of experiments designed to extend the empirical investigation of folk metaethical intuitions by examining how different kinds of ethical disagreement can impact attributions of objectivity to ethical claims.

This book explores aspects of science from an economic point of view. The author begins with economic models of misconduct in science, moving on to discuss other important issues, including market failure and the market place of ideas.

This study examines the ethical values of respondents by level in the organizational hierarchy of a single firm. It also explores the possible impacts of gender, education and years of experience on respondents' values as well as their perceptions of how the organization and professional associations influence their personal values. Results showed that, although there were differences in individuals' ethical values by hierarchical level, significantly more differences were observed by the length of tenure with the organization. While respondents, as a (...) whole, were rather ambivalent in their perception of the organization's and professional associations' influence on their values, sales/service persons frequently felt pressured to modify their values in order to achieve company goals. (shrink)

The results of four experiments provide evidence for controlled processing in the absence of awareness. Participants identified the colour of a neutral distracter word. Each of four words was presented in one of the four colours 75% of the time or 50% of the time . Colour identification was faster when the words appeared in the colour they were most often presented in relative to when they appeared in another colour, even for participants who were subjectively unaware of any contingencies (...) between the words and the colours. An analysis of sequence effects showed that participants who were unaware of the relation between distracter words and colours nonetheless controlled the impact of the word on performance depending on the nature of the previous trial. A block analysis of contingency-unaware participants revealed that contingencies were learned rapidly in the first block of trials. Experiment 3 showed that the contingency effect does not depend on the level of awareness, thus ruling out explicit strategy accounts. Finally, Experiment 4 showed that the contingency effect results from behavioural control and not from semantic association or stimulus familiarity. These results thus provide evidence for implicit control. (shrink)

In 2004 Edouard Machery, Ron Mallon, Shaun Nichols and Stephen Stich published what has become one of the most widely discussed papers in experimental philosophy, in which they reported that East Asian and Western participants had different intuitions about the semantic reference of proper names. A flurry of criticisms of their work has emerged, and although various replications have been performed, many critics remain unconvinced. We review the current debate over Machery et al.’s (2004) results and take note of which (...) objections to their work have been satisfactorily answered and which ones still need to be addressed. We then report the results of studies that reveal significant cross-cultural and intra-cultural differences in semantic intuitions when we control for variables that critics allege have had a potentially distorting effect on Machery et al.’s findings. These variables include the epistemic perspective from which participants are supposed to understand the research materials, unintended anchoring effects of those materials, and pragmatic factors involved in the interpretation of speech acts within them. Our results confirm the robustness of the cross-cultural differences observed by Machery et al. and thereby strengthen the philosophical challenge they pose. (shrink)

Arthur Ashe's public admission to being a victim of acquired immune deficiency syndrome (AIDS) once again raises the question of media exposure of private facts. This study compares journalist and public responses to questions about how far the media should go, finding differences between the two groups, as the public is more tolerant of information bearing on official duties.

Some philosophers working on the epistemology of disagreement claim that conciliationist responses to peer disagreement embody a kind of intellectual humility. Others contend that standing firm or ‘sticking to one's guns’ in the face of peer disagreement may stem from an admirable kind of courage or internal fortitude. In this paper, we report the results of two empirical studies that examine the relationship between conciliationist and steadfast responses to peer disagreement, on the one hand, and virtues such as intellectual humility, (...) courage, grit, and actively open-minded thinking, on the other. We observed positive correlations between measures of conciliationism, intellectual humility, and actively open-minded thinking but failed to find any reliable association between steadfastness, courage, and grit. Our studies reveal that there are at least two important intellectual virtues associated with conciliationist responses to peer disagreement (viz., intellectual humility and actively open-minded thinking) and two vices associated with steadfast responses (intellectual arrogance and myside bias). These findings shed new light on the overall epistemic goodness of the conciliationist perspective. (shrink)

Blackmail raises a pair of parallel legal and moral problems, sometimes referred to as the "paradox of blackmail". It is sometimes legal and morally permissible to ask someone for money, or to threaten to release harmful information about them, while it is illegal and morally impermissible to do these actions jointly. I address the moral version of this paradox by bringing instances of blackmail under a general account of wrongful coercion. According to this account, and contrary to the appearances which (...) give rise to the paradox, threatening the release of harmful information to constrain another's actions is almost never morally impermissible unless it is likewise impermissible to carry out one's threat. To defend this claim I identify a special wrong that arises in the paradoxical cases of threatened information release. The account also resolves a number of other puzzles about blackmail—for example, why profiting from a threat in blackmail can sometimes be impermissible, even though accepting identical payment from an independent offer to retain the same information can be permissible. (shrink)

We develop an account of laboratory models, which have been central to the group selection controversy. We compare arguments for group selection in nature with Darwin's arguments for natural selection to argue that laboratory models provide important grounds for causal claims about selection. Biologists get information about causes and cause-effect relationships in the laboratory because of the special role their own causal agency plays there. They can also get information about patterns of effects and antecedent conditions in nature. But to (...) argue that some cause is actually responsible in nature, they require an inference from knowledge of causes in the laboratory context and of effects in the natural context. This process, cause detection, forms the core of an analogical argument for group selection. We discuss the differing roles of mathematical and laboratory models in constructing selective explanations at the group level and apply our discussion to the units of selection controversy to distinguish between the related problems of cause determination and evaluation of evidence. Because laboratory models are at the intersection of the two problems, their study is crucial for framing a coherent theory of explanation for evolutionary biology. (shrink)

It is easy to envision marked progress in biological and physiological approaches to emotion, due to technological advances in imaging and other recording techniques. The future of social-constructionism appears more hazy: Progress will likely depend as much on new ideas as on new empirical discoveries. The most fruitful breeding ground for new ideas is where disciplines meet. Hence, the contributors to this special section represent diverse disciplines: biology, computer science, and the arts, as well as areas more traditionally associated with (...) the social construction of emotion, for example, interpersonal relations, cultural influence, and individual development. (shrink)

Knobe (Analysis 63:190-193, 2003a, Philosophical Psychology 16:309-324, 2003b, Analysis 64:181-187, 2004b) found that people are more likely to attribute intentionality to agents whose actions resulted in negative side-effects that to agents whose actions resulted in positive ones. Subsequent investigation has extended this result to a variety of other folk psychological attributions. The present article reports experimental findings that demonstrate an analogous effect for belief ascriptions. Participants were found to be more likely to ascribe belief, higher degrees of belief, higher degrees (...) of rational belief, and dispositional belief to agents in central Knobe effect cases who bring about negative side-effects than to agents who bring about positive ones. These findings present a significant challenge to widely held views about the Knobe effect, since many explanations of it assume that agents in contrasting pairs of Knobe effect cases do not differ with respect to their beliefs. Participants were also found to be more confident that knowledge should be attributed than they were that belief or dispositional belief should be attributed. This finding strengthens the challenge that Myers-Schulz and Schwitzgebel (2013) have launched against the traditional view that knowledge entails belief. (shrink)

Internationally, governments, health and exercise practitioners are struggling with the threat posed by physical inactivity leading to worsening outcomes in health and life expectancy and the associated high economic costs. To meet this challenge it is important to enhance the quality, and quantity, of participation in sports and physical activity throughout the life course to sustain healthy and active lifestyles. This paper supports the need to develop a physically literate population, who meaningfully engage in play and physical activity through the (...) development of functional movement skills in enriched environments. This is a shift away from reductionist approaches to physical activity engagement and maintenance to an ecological dynamics approach that focuses on enrichment to support functional movement skill learning and development. This is an embedded approach to physical literacy that allows learners the space and time to “explore–discover” within environments that will lead to a concomitant self-organization of highly intricate network of co-dependent sub-systems resulting in functional movement solutions for the performance task and enduring positive adaptations to subsystems supporting the physical literacy journey across the life course. “Explore-discover adapt” is at the heart of two contemporary learner-centered pedagogies: Non-linear Pedagogy and the Athletic Skills Model. Both emphasize the importance of enrichment experiences from an early age, and throughout life course, and both appreciate the inherent complexity involved in the learning process and the importance of designing a rich and varied range of athletic, participatory experiences that will support the embedded development of physical literacy leading to ongoing physical activity for all. The final part of this paper will demonstrate the potential of an ecological dynamics approach for supporting the concept of physical literacy by providing a roadmap for a reliable and valid measurement of physical literacy when considered from both an ecological dynamics perspective and the phenomenology understanding of physical literacy. (shrink)

In this paper I critically examine the Generality Problem and argue that it does not succeed as an objection to reliabilism. Although those who urge the Generality Problem are correct in claiming that any process token can be given indefinitely many descriptions that pick out indefinitely many process types, they are mistaken in thinking that reliabilists have no principled way to distinguish between relevant and irrelevant process types.

Drawing upon work in evolutionary game theory and experimental philosophy, I argue that one of the roles the concept of knowledge plays in our social cognitive ecology is that of enabling us to make adaptively important distinctions between different kinds of blameworthy and blameless behaviors. In particular, I argue that knowledge enables us to distinguish which agents are most worthy of blame for inflicting harms, violating social norms, or cheating in situations of social exchange.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Multiverses are predictions based on theories. Focusing on each theory’s assumptions is key to evaluating a proposed multiverse. Although accepted theories of particle physics and cosmology contain non-intuitive features, multiverse theories entertain a host of “strange” assumptions classified as metaphysical topics such as: infinity, duplicate yous, hypothetical fields, more than three space dimensions, Hilbert space, advanced civilizations, and reality established by mathematical relationships. It is easy to confuse multiverse proposals because many divergent models exist. This overview defines the characteristics of (...) eleven popular multiverse proposals. The characteristics compared are: initial conditions, values of constants, laws of nature, number of space dimensions, number of universes, and fine tuning explanations. Future scientific experiments may validate selected assumptions; but until they do, proposals by philosophers may be as valid as theoretical scientific theories. (shrink)

A number of researchers have begun to demonstrate that the widely discussed ?Knobe effect? (wherein participants are more likely to think that actions with bad side-effects are brought about intentionally than actions with good or neutral side-effects) can be found in theory of mind judgments that do not involve the concept of intentional action. In this article we report experimental results that show that attributions of knowledge can be influenced by the kinds of (non-epistemic) concerns that drive the Knobe effect. (...) Our findings suggest there is good reason to think that the epistemic version of the Knobe effect is a theoretically significant and robust effect, and that the goodness or badness of side-effects can often have greater influence on participant knowledge attributions than explicit information about objective probabilities. Thus, our work sheds light on important ways in which participant assessments of actions can affect the epistemic assessments participants make of agents? beliefs. (shrink)

Recent empirical work on folk moral objectivism has attempted to examine the extent to which folk morality presumes that moral judgments are objectively true or false. Some researchers report findings that they take to indicate folk commitment to objectivism (Goodwin & Darley, 2008, 2010, 2012; Nichols & Folds-Bennett, 2003; Wainryb et al., 2004), while others report findings that may reveal a more variable commitment to objectivism (Beebe, 2014; Beebe et al., 2015; Beebe & Sackris, 2016; Sarkissian, et al., 2011; Wright, (...) 2018; Wright, Grandjean, & McWhite, 2013; Wright, McWhite, & Grandjean, 2014). However, the various probes that have been used to examine folk moral objectivism almost always fail to be good direct measures of objectivism. Some critics (Beebe, 2015; Pölzler, 2017, 2018) have suggested that the problems with existing probes are serious enough that they should be viewed as largely incapable of shedding any light on folk metaethical commitments. Building upon the work of Justin Khoo and Joshua Knobe (2018), I argue that many of the existing probes can be seen as good measures of the extent to which people think that the truth of one moral judgment excludes the possibility that a judgment made by a disagreeing party is also true and that the best explanation of the findings obtained using these measures is significant folk support for indexical moral relativism—the view that the content of moral judgments is context-sensitive. If my thesis is correct, many contemporary moral philosophers are deeply mistaken about the metaethical contours of folk morality in one very important respect. (shrink)

That the story of Cupid and Psyche in Apuleius' Metamorphoses is a version of a common world-wide folk-tale has long been recognized. Scholarly debate has concentrated on the conclusions to be drawn from this with regard to the significance of the story—mythological, religious, allegorical, and so on. With the additional information provided by Swahn's comprehensive monograph on the subject an attempt can now be made to study some of the aspects of literary technique involved in the adaptation of the folk-tale. (...) In what follows I have tried to avoid making any assumptions about a possible literary source of Apuleius' tale. I am concerned with the ways in which the literary version which we possess modifies the folk material, and not with the author of this modification. (shrink)

We argue that in contemporary business organizations, in which fundamental purpose is construed to be increased value—especially in ‘participative’ organizations, in which non–hierarchal interaction (for example, work teams) is the norm; and in ‘adaptive’ organizations, in which unpredictable change is the rule—a process of values covenanting will be much more valueable than just espoused values or even values covenants. We propose such a process model for organizational values covenanting and argue that such covenanting reflects an anthropomorphism of the human character (...) development process, validated in terms of the theory of viable systems. (shrink)

Consider the following facts about the average, philosophically untrained moral relativist: (1.1) The average moral relativist denies the existence of “absolute moral truths.” (1.2) The average moral relativist often expresses her commitment to moral relativism with slogans like ‘What’s true (or right) for you may not be what’s true (or right) for me’ or ‘What’s true (or right) for your culture may not be what’s true (or right) for my culture.’ (1.3) The average moral relativist endorses relativistic views of morality (...) without endorsing relativistic views about science or mathematics. (1.4) The average moral relativist takes moral relativism to be non-relatively true and does not think there is anything contradictory about doing so. (1.5) The average moral relativist adopts an egalitarian attitude toward a wide range of moral values, practices and beliefs, claiming they are all equally legitimate or correct. (1.6) The average moral relativist often admonishes others to be more tolerant of those who engage in alternative ethical practices and to refrain from making negative moral judgments about them. (1.7) The average moral relativist sometimes makes negative moral judgments about the behavior of others—e.g., by harshly judging moral absolutists to be intolerant—but is less inclined to do so when the relativist’s metaethical views are salient in a context of judgment. (1.8) The average moral relativist takes anthropological evidence concerning the worldwide diversity of ethical views and practices to support moral relativism. (shrink)