This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...) modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

The following statement is a report of the Committee on Philosophy in Education of the American Philosophical Association and was approved by the Association's Board of Officers in December, 1958. The Committee was composed of the following: C. W. Hendel, Chairman, H. G. Alexander, R. M. Chisholm, Max Fisch, Lucius Garvin, Douglas Morgan, A. E. Murphy, Charner Perry and R. G. Turnbull. Primary responsibility for the preparation of this report belonged to a subcommittee composed of Douglas N. Morgan, Chairman, (...) and Charner Perry. (shrink)

From: _Language, Mind and Logic_, edited by Jeremy Butter?eld. 123.

This monograph examines the past, present, and potential relationship between American pragmatism and communication research. The contributors provide a bridge between communication studies and philosophy, subjects often developed somewhat in isolation from each other. Addressing topics, such as qualitative and quantitative research, ethics, media research, and feminist studies, the chapters in this volume: *discuss how a pragmatic, Darwinian approach to inquiry has guided and might further guide communication research; *advocate a functional view of communication, based on Dewey's mature notion of (...) transaction; *articulate a pragmatist's aesthetics and connect it to Deweyan democracy; *discuss the similarities and differences between Dewey's notion of inquiry and the philosophical hermeneutics of Hans-Georg Gadamer; *apply accommodation theory, linked to symbolic interactionism and more generally to the social behaviorism of George H. Mead and his followers, to media research; *interpret media-effects evidence in light of pragmatist ideas about inquiry; and *argue that pragmatism theorizes about despair and life's sense of the tragic. This book is written to be readily accessible to students and professional academics within and outside the field of communication studies without extensive training in specialized areas of communication study. (shrink)

The viewpoint that consciousness, including feeling, could be fully expressed by a computational device is known as strong artificial intelligence or strong AI. Here I offer a defense of strong AI based on machine-state functionalism at the quantum level, or quantum-state functionalism. I consider arguments against strong AI, then summarize some counterarguments I find compelling, including Torkel Franzén’s work which challenges Roger Penrose’s claim, based on Gödel incompleteness, that mathematicians have nonalgorithmic levels of “certainty.” Some consequences of strong AI are (...) then considered. A resolution is offered of some problems including John Searle’s Chinese Room problem and the problem of consciousness propagation under isomorphism. (shrink)

Using an inductive methodology based on one key component of transitional justice--namely, truth commissions--African Truth Commissions and Transitional Justice attempts to place them within the context of other elements such as trials of human rights abusers, the strengths and weaknesses of amnesty, and the importance of memorialization.

In Jorge Luis Borges’ short story, “Borges and I,” one character, referred to in the first person, complains about his strained and complex relation with another character, called “Borges.” But the characters are both presumably the author of the short story. I try to use ideas from the philosophy of language to explain how Borges uses language to express complex thoughts, and then discuss two interpretations of the story.

Analysis of ethical and legal issues in battlefield euthanasia or military mercy-killing.

One of the hottest topics in business today is competitive intelligence, the effort by a company to obtain enough information about its competitors to give it a strategic edge over them in the marketplace. During the past decade, a number of books have been written in this country advising business managers on how to mine various sources of public information for this purpose: trade shows, public speeches by company executives, articles in obscure journals, and government agencies like the Food and (...) Drug Administration. Some large companies have even hired former FBI and CIA personnel to help them develop more effective in-house intelligence-gathering capabilities. (shrink)

In recent months, the President and other members of his administration have openly declared their desire and intent to achieve "regime change" in Iraq. And since previous methods of ousting Saddam Hussein--economic sanctions and coups d'etat --have obviously failed, the President is seriously considering even more dramatic options, including full-scale military invasion. How should we evaluate that proposal? There are a number of important ethical questions that we must address before waging war.

As a leading measure of journal quality, acceptance rates of journals can influence faculty recruitment, salary, tenure and promotion decisions; subscription decisions; and authors’ intention to submit manuscripts. Recent literature from both the Communication and Hospitality Management disciplines suggests that there are wide differences in the formulas used by editors to calculate acceptance rates. Because differing methods of acceptance rate calculation potentially impact significant decisions, a universally accepted and applied standard could be developed. A normative standard, grounded in a specific (...) core ethical principle, is generally preferable to a nonfoundational approach. Two primary approaches to the study of ethics have prevailed through time, teleological ethics with a focus on consequences as represented by Mill’s Utilitarian ideals and deontological ethics with a focus on duty as represented by Kant’s Categorical Imperative. This analysis applies these two ethical frameworks, utility and duty, to the journal editors’ dilemma of finding a common, normative method to calculate acceptance rates. (shrink)

P-zombies are creatures that are physically (functionally, behaviorally) like you and I and yet lack phenomenal consciousness. If such creatures are possible, it’s (typically) taken to show property dualism is true: phenomenal consciousness isn’t reducible to—nor does it supervene on—physical states. If inverted qualia are possible, it’s possible that you and I have identical physical states and yet you see tomatoes as green and I see tomatoes as red. If this is the case, then (again) property dualism is (typically) taken (...) to be true. In this article, I’ll show that p-zombies and inverted qualia—if they are actually possible—prove more than previously thought: if one thinks p-zombies or inverted qualia are possible, then she should endorse one of the four following theses: (i) substance dualism, (ii) we have even more reason to reject p-zombies and inverted qualia since they entail an even more radical conclusion than previously thought (i.e. substance dualism), (iii) eliminativism about selves, or (iv) friends of p-zombies and inverted qualia have homework: they need to show a relevant, plausible disanalogy between arguments for p-zombies and inverted qualia as traditionally stated and my parallel arguments that entail substance dualism. My purpose here isn’t to defend any of these particular options. Instead, my purpose is to highlight that these are the four options available to take. (shrink)

In this paper, I argue that a) Cartesian wonder is properly interpreted through Irigaray’s theory of phallic economy and that b) when Cartesian wonder is explicitly reinterpreted through Irigaray’s ethics of sexual difference, it must be considered in the mode of écriture. To support these two contentions, this paper unfolds in five parts. I begin by giving an account of Cartesian wonder and an account of Irigaray’s theory of phallic economy and the ethics of sexual difference. After showing how Cartesian (...) wonder is best read as part of the phallic economy, I turn to develop Cartesian wonder and Irigarayan wonder differently, in the mode of écriture [writing]. In order to do so, I first establish that Cartesian wonder, by virtue of its status as a precondition of rational discourse, is aroused through written things, and then I explore how Irigarayan wonder might best be considered between written entities, between two books as bodies. I thus read Descartes out from Irigaray, then back into and through Irigaray. (shrink)

The results of a survey of business professionals verified a relationship between perceptions of corporate citizenship and organizational commitment. More important, the results demonstrated that the relationship between corporate citizenship and organizational commitment was stronger among employees who believe highly in the importance of the social responsibility of businesses. The results also indicated that the ethical measure of corporate citizenship was a stronger predictor of organization commitment than the economic, legal, and discretionary measures. Last, the results revealed that the discretionary (...) measure was more strongly associated with organizational commitment among female employees. (shrink)

Normativism holds that there is a close conceptual link between disease and disvalue. We challenge normativism by advancing an argument against a popular normativist theory, Jerome Wakefield’s harmful dysfunction account. Wakefield maintains that medical disorders are breakdowns in evolved mechanisms that cause significant harm to the organism. We argue that Wakefield’s account is not a promising way to distinguish between disease and health because being harmful is neither necessary nor sufficient for a dysfunction to be a disorder. Counterexamples to the (...) harmful dysfunction account are considered, such as mild infections, perceptual deficits, and beneficial illnesses. Then we consider two ways of amending the harmful dysfunction account to address these cases and argue that the proposed amendments raise even more serious problems for this account. These problems apply generally to any normativist theory and raise doubts about the entire normative approach to the philosophy of health and disease. (shrink)

Buddhism comes up several times in The Good Place. According to Buddhism, what we think of as a “self” or “soul” is merely a convenient designator, a useful fiction, that doesn't correspond to any actual thing in the world. In The Good Place, Eleanor's entire journey to becoming a better person is predicated on the belief that she can indeed change herself for the better. If change is possible, it is because that part of the self is capable of change. (...) Buddhist equanimity does not involve ignoring the suffering of others. In fact, compassion is one of the chief virtues of Buddhism. Over the course of The Good Place, the characters transform from self‐obsessed people who don't understand the amount of harm they are causing to themselves and others into people who have come to grips with the consequences of their past deeds. (shrink)

Given the lack of effective curative treatment options and in light of a significant reconceptualization of Alzheimer’s disease, the focus of dementia research has shifted towards prevention, risk prediction, and detection in very early disease stages. In the context of these shifts, the edited volume Preventing Dementia?: Critical Perspectives on a New Paradigm of Preparing for Old Age (edited by Annette Leibing and Silke Schicktanz) collects critical and insightful positions on the new paradigm of dementia prevention from an interdisciplinary and (...) international perspective. The editors introduce the overarching topic of prevention by reflecting on the optimistic framing of modifiable risk factors and their novelty in the dementia context. Leibing and Schicktanz call for a cautious reception of the findings in the Lancet report(s) and draw attention to epistemic, ethical, and socio-political issues of what the editors term the contested “new dementia” and to the effect that this might have on rethinking individual and societal perceptions of aging. The contributions of the anthology depict the social and cultural dimensions of dementia discourses and consider the ethical implications of the changing conceptions of Alzheimer’s disease as well as the shift towards early disease stages and prevention. With this, the anthology initiates a debate about the often implicit unresolved social, ethical, and political implications and preconditions of the medical understanding and handling of cognitive disorders. (shrink)

Yet ethical theorists seem perennially to be drawn off into lengthy debates about side issues, with the result that the important questions are lost in the confusion and are dealt with more or less absent-mindedly. Amid the endless arguments about naturalism, the definability of good, the verifiability of ethical judgments, the scientific, extra-scientific or super-scientific status of ethics, it is difficult to locate the fundamental issues, the issues which all of us resolve, reflectively or absentmindedly, in one way or another, (...) and the resolution of which influences profoundly, for better or worse, the directions taken in dealing with specific moral, social, and political problems. There are, nevertheless, important problems in ethics; and different solutions of them have extensive consequences for practice. (shrink)

The founder of modern linguistics, Ferdinand de Saussure inaugurated semiology, structuralism, and deconstruction and made possible the work of Jacques Derrida, Roland Barthes, Michel Foucault, and Jacques Lacan, thus enabling the development of French feminism, gender studies, New Historicism, and postcolonialism. Based on Saussure's lectures, _Course in General Linguistics_ traces the rise and fall of the historical linguistics in which Saussure was trained, the synchronic or structural linguistics with which he replaced it, and the new look of diachronic linguistics that (...) followed this change. Most important, Saussure presents the principles of a new linguistic science that includes the invention of semiology, or the theory of the "signifier," the "signified," and the "sign" that they combine to produce. This is the first critical edition of _Course in General Linguistics_ to appear in English and restores Wade Baskin's original translation of 1959, in which the terms "signifier" and "signified" are introduced into English in this precise way. Baskin renders Saussure clearly and accessibly, allowing readers to experience his shift of the theory of reference from mimesis to performance and his expansion of poetics to include all media, including the life sciences and environmentalism. An introduction situates Saussure within the history of ideas and describes the history of scholarship that made _Course in General Linguistics_ legendary. New endnotes enlarge Saussure's contexts to include literary criticism, cultural studies, and philosophy. (shrink)