The new field of quantitative health risk assessment owes its emergence much more to the 'market pull' of demand from societal decision-making processes than to dramatic advances in our ability to make the desired predictions. This paper discusses problems and opportunities in the current practice of quantitative risk estimation under three broad headings: Basic (Technical) Assessment Methodology, and Methods for Assessing Uncertainty; Conception of the Problem for Analysis, and Ways of Expressing Results; and Defining Appropriate Roles for Expert Analysts in (...) Social Decision Processes. Finally, borrowing from work of McMullin, the paper offers some criteria for judging risk assessment theories other than the generally unavailable 'goodness-of-fit' procedures. (shrink)

Scott Shapiro recently suggested that Ronald Dworkin’s critique in Chapter 1 of Law’s Empire represents the greatest threat currently facing legal positivism. Shapiro had in mind, not the semantic sting argument (‘the SSA’), but rather what I call ‘the argument from theoretical disagreement’ (or ‘the ATD’). I contend that Shapiro was right to focus on the ATD, but that even he underestimated just how serious a challenge it poses to positivism (and perhaps to other theories of law as well). The (...) ATD, I argue, is an objection to any theory of law that denies that legal officials can engage in theoretical disagreement—that is, disagreement about the grounds of law. The SSA then seeks to explain why so many legal philosophers adopt such theories. I argue that the SSA is an implausible explanation of why many legal philosophers deny that theoretical disagreement exists, but that this does not undermine the ATD’s contention that they are wrong to do so. Indeed, given the variety of forms that theoretical disagreement can take, Dworkin’s positivist critics face a very significant challenge in seeking either to explain away the appearance of theoretical disagreement or to develop forms of positivism that can allow for such disagreement. (shrink)

Ronald Dworkin’s new book, Justice for Hedgehogs, covers an extremely broad range of philosophical issues. However, its central thesis—the ‘unity of value thesis’—is that conflicts between moral or ethical values are merely apparent and that those values are, in fact, integrated and mutually supporting. Dworkin offers several arguments in support of this thesis, but, in this review, I focus on his attempt to illustrate the unity of value thesis by showing that the best account of certain key values reveals them (...) to be integrated and mutually supporting. I contend that this strategy is more promising than one might initially think, but that it breaks down when we consider the relationship between law and justice. For Dworkin, law is a value and his account of law entails that it can conflict with justice. Moreover, he seems precluded from developing an alternative account of law that does not give rise to such conflicts. However, while these conclusions weaken Dworkin’s case for the unity of value thesis, they do not suffice to refute it. (shrink)

Mark Greenberg has suggested that there is a ‘standard picture’ of how law works, according to which the contribution that a legal text makes to the content of the law is constituted by the meaning...

The Epilogue reviews the findings presented by indirect ontology. First, indirect ontology discovers a consistency to The Visible and the Invisible which has been overlooked. Secondly, it provides a resolution to problems which are first uncovered in his Phenomenology of Perception, notably the connection between tacit and spoken cogitos, as well as the relationship of silence to speech. Thirdly, indirect ontology serves as a useful tool in understanding the development of Merleau-Ponty's thought from its beginning in The Structure of Behavior (...) through his ontological phase. Finally, indirect ontology brings to clarity the uniqueness of Merleau-Ponty's philosophy which is often overlooked; this uniqueness points to the fact that Merleau-Ponty's thought seems to move in a direction different from many of his successors and interpreters. ;Chapter four of the dissertation begins a positive delineation of Being by means of the indirect ontology examined in the first three chapters. This chapter situates philosophy within the hyperdialectic, thus showing how philosophy can investigate the world from which thought emerges. Chapter five unites the sequential analyses of the first four chapters in order to provide a detailed account of how the natural world serves as the basis of all human expression. Chapter six builds upon the description of nature provided by indirect ontology; in this chapter the working notes of The Visible and the Invisible are examined in order to discuss the philosophy of history and of culture provided by indirect ontology. ;The first three chapters of the dissertation examine the ontology of Being provided by perception. Chapter one concerns itself with our radical dependence upon perception, our "perceptual faith" in the world. By examining Merleau-Ponty's discussion of traditional ontology the dissertation develops the differences between ontology and the perceptual process. In chapter two the gap between ontology and perception is eliminated by providing an ontology which conforms to the manner in which perception presents itself to the body. This union of perception and human expression is made possible by Merleau-Ponty's implementation of hyper-reflection, the theory that perception is itself a form of originary reflection. Hyper-reflection is used to explain the existence of myself, others, and thinking within a shared visible world. Chapter three investigates the natural dialectic or hyper-dialectic which holds between the perceived world and throught; the result is a view of the dialectic which insists that thought remains attached to the perceived world. ;The goal of this dissertation is to present a sustained examination of The Visible and the Invisible. In contrast to the critical literature on Merleau-Ponty which maintains that the work is fragmentary, the position taken in the dissertation is that The Visible and the Invisible is a consistent and cohesive work. The key to unlocking the inner format of The Visible and the Invisible lies in abandoning the popular assumption that the first three chapters of the work are primarily critiques of other philosophers' positions. The dissertation attempts to replace this assumption by seeking, within the resources of the text itself, a new meaning and order. ;In the working notes accompanying The Visible and the Invisible Merleau-Ponty provides the necessary interpretive tool for understanding the work in the form of an "indirect ontology." Indirect ontology is Merleau-Ponty's effort to explain how our perceptual contact with the world is itself the ontological format of all Being. The Visible and the Invisible attempts to account for all phases of human expression through this model. (shrink)

Joseph Raz famously argues that given that the law necessarily claims authority and given the account of authority he provides, exclusive legal positivism is the only tenable theory of law. In this article, I contend that even if one accepts that the law necessarily claims authority and that Raz's account of authority is correct, it does not follow that exclusive legal positivism is the only tenable theory of law. This is because even if the law necessarily claims authority, it need (...) not be capable of satisfying the requirements for possessing authority laid down by the correct account of authority. Thus, even if exclusive legal positivism is the only theory of law according to which the law can satisfy those requirements, this does not show that exclusive legal positivism is correct. (shrink)

Ronald Dworkin is one of the most important, and one of the most controversial, contemporary legal philosophers. This article elucidates the main aspects of Dworkin's theory of law, discussing both his key criticisms of legal positivism and his own positive views about law. The article also briefly examines some of the major controversies surrounding Dworkin's theory of law, such as the debates arising out of his right answer thesis and semantic sting argument.

This article responds to Jeremy Waldron's claim that the truth or falsity of moral objectivism makes no difference to the arbitrariness, or otherwise, of adjudication (the ‘no‐difference thesis’). I start by outlining the way in which I believe objectivism and its opponents should be distinguished, before setting out Waldron's arguments in favour of the no‐difference thesis. I then consider a number of ambiguities in that thesis, before criticizing several attempts by Michael Moore to respond to Waldron's arguments. Having cleared the (...) way for a new consideration of this issue, I argue that—depending on which interpretation of them we accept—Waldron's arguments: (i) misrepresent the nature of the debate between objectivists and anti‐objectivists; (ii) beg the question by asserting that objectivism is wrong rather than irrelevant; or (iii) rely upon an indefensible account of political justification. Finally, I offer an example of how the truth or falsity of objectivism can have implications for adjudication, by suggesting two ways in which it may affect the legitimacy of judicial review. (shrink)

In “Pre-conventions: A fragment of the Background”, Bruno Celano argues for the existence and philosophical significance of what he calls “pre-conventions” – a type of convention distinct from those hitherto discussed in the literature, and which transcends a number of orthodox philosophical distinctions. In these comments, I suggest that Celano may have shown that there is a distinct type of convention governing judgments of style or taste. If so, we may learn some important lessons by examining this new type of (...) convention. However, I express doubts about whether the broader ambitions of Celano’s paper are fulfilled. I contend that pre-conventions are not as common as he suggests, and are not present in some of the other examples he gives. I also express doubts about whether he is right to suggest that there is a distinct type of convention that renders possible the development of conventions of the sort which David Lewis was interested in. (shrink)

RésuméDans Faces of Inequality, Sophia Moreau propose une théorie pluraliste de la discrimination, selon laquelle un comportement discriminatoire implique un ou plusieurs torts, identifiés parmi au moins trois types. Elle ajoute que chacun de ces torts représente un manquement à l'obligation de traiter une personne comme l’égale des autres. Je soutiens que cette seconde affirmation est erronée. Je suggère également qu'il n'est peut-être pas nécessaire pour une théorie pluraliste de la discrimination d'identifier une propriété partagée par les différents types de (...) torts reconnus par la théorie (au-delà du fait qu'ils sont tous présents dans les cas de discrimination répréhensible). (shrink)

Ronald Dworkin has repeatedly claimed that the debate between moral objectivists and anti-objectivists has no implications for legal practice or theory. He has offered two main arguments to support this claim. The first is that while assertions about the truth or falsity of moral objectivism may be intelligible, they are irrelevant to legal practice and theory. The second is more radical, namely, that no assertion can be given an intelligible meta-ethical reading. In this article, I contend that neither argument is (...) sound. The first argument overlooks the variety of ways in which the meta-ethical debate could impact upon legal practice or theory. It also rests upon an uncharitable interpretation of that debate. As for the second argument, Dworkin is correct in claiming that statements seemingly about the truth or falsity of moral objectivism can instead be interpreted as moral statements, but he is wrong to claim that this is the only intelligible reading they can be given. (shrink)

Comment on Joseph Raz, From Normativity to Responsibility.

What determines whether an action is right or wrong? Morality, Rules, and Consequences: A Critical Reader explores for students and researchers the relationship between consequentialist theory and moral rules. Most of the chapters focus on rule consequentialism or on the distinction between act and rule versions of consequentialism. Contributors, among them the leading philosophers in the discipline, suggest ways of assessing whether rule consequentialism could be a satisfactory moral theory. These essays, all of which are previously unpublished, provide students in (...) moral philosophy with essential material and ask key questions on just what the criteria for an adequate moral theory might be. (shrink)

Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

In this study I propose that John E. Smith’s years-long argument for the importance of, and indeed his prolonged focus on, the notion of experience provides a particularly useful point of entry into the classical North American philosophical tradition and specifically into more pragmatist understandings of experience. Thisstudy of Smith on experience will proceed in three steps. After a brief reference in Part One to the Roycean background and context to Smith’s efforts toward a more adequate understanding (...) of experience, it will continue in Part Two with a review of the three-stage development of Smith’s own transformation, in a more distinctly pragmatist direction, of Royce’s idealist-pragmatist notion of experience as interpretation. This review of Smith’s thought lays the groundwork for a suggestion, in Part three of this study, toward the continuing formulation of a more explicitly developed philosophy of experience. The basic proposal will be to affirm the need, while profiting from Smith’s important contributions, to pay renewed attention to more idealist concerns for structure and totality. (shrink)

Rule consequentialism holds that an action's moral standing depends on its relation to the moral code whose general adoption would have the best consequences. Heretofore rule consequentialists have understood the notion of a code's being generally adopted in terms of its being generally obeyed or, more commonly, its being generally accepted. I argue that these ways of understanding general adoption lead to unacceptable formulations of the theory. For instance, Brad Hooker, Michael Ridge, and Holly Smith have recently offered different (...) answers to the question of what ‘acceptance rate’ we should build into our formulation of rule consequentialism, and all are unsatisfactory. I argue instead for a novel approach to formulating rule consequentialism, ‘uniform-moral-education’ rule consequentialism, on which what it means for a moral code to be generally adopted is not for it to be generally followed or generally accepted, but instead for it to be generally taught. (shrink)

Table of Contents Perspectives on Animal Cognition Chapter 1 The Myth of Anthropomorphism John Andrew Fisher Chapter 2 Gendered Knowledge? Examining Influences on Scientific and Ethological Inquiries Lori Gruen Chapter 3 Interpretive Cognitive Ethology Hugh Wilder Chapter 4 Concept Attribution in Nonhuman Animals: Theoretical and Methodological Problems in Ascribing Complex Mental Processes Colin Allen and Marc Hauser Cognitive and Evolutionary Explanations Chapter 5 On Aims and Methods of Cognitive Ethology Dale Jamieson and Marc Bekoff Chapter 6 Aspects of the (...) Cognitive Ethology of an Injury-Feigning Bird, The Piping Plover Carolyn Ristau Chapter 7 Tradition in Animals: Field Observations and Laboratory Analysis Bennett G. Galef Chapter 8 The Study of Adaptation Randy Thornhill Chapter 9 The Units of Behavior in Evolutionary Explanations Sandra D. Mitchell Chapter 10 Levels of Analysis and the Functional Significance of Helping Behavior Walter D. Koenig and Ron Mumme Recognition, Choice, Vigilance, and Play Chapter 11 The Ubiquitous Concept of Recognition with Special Reference to Kin Andrew R. Blaustein and Richard H. Porter Chapter 12 Do Animals Choose Habitats? Michael Rosenzweig Chapter 13 The Influence of Models on the Interpretation of Vigilance Steven L. Lima Chapter 14 Is There an Evolutionary Biology of Play? Alex Rosenberg Chapter 15 Intentionality, Social Play, and Definition Colin Allen and Marc Bekoff Communication and Language Chapter 16 Communication and Expectations: A Social Process and the Cognitive Operation It Depends upon and Influences W. John Smith Chapter 17 Animal Communication and Social Evolution Michael Philips and Steven Austad Chapter 18 Animal Language: Methodological and Interpretive Issues Sue Savage-Rumbaugh and Karen E. Brakke Chapter 19 Knowledge Acquisition and Asymmetry between Language Comprehension and Production: Dolphins and Apes as General Models for Animals Louis M. Herman and Palmer Morrel-Samuels Animal Minds Chapter 20 Evolution and Psychological Unity Roger Crisp Chapter 21 The Mental Lives of Nonhuman Animals John Dupré Chapter 22 Inside the Mind of a Monkey Robert M. Seyfarth and Dorothy L. Cheney Chapter 23 Science and Our Inner Lives: Birds of Prey, Bats, and the Common Bi-ped Kathleen Akins Chapter 24 Afterword: Ethics and the Study of Animal Cognition. (shrink)

There is a tendency in philosophical discussions to see beliefs as belonging to specific people—to see things in terms of "your" belief, or "my" belief, or "Smith's" belief. I call this "personal attachment to beliefs." This mindset is unconscious, deeply ingrained, and a powerful background stance in discussion and thinking. Attachment has a negative impact on the quality of philosophical discussion and learning: difficulties in acknowledging error and changing beliefs, blindness to new evidence, difficulties in understanding new ideas, entrenchment (...) in views, rancorous behavior, and the encouragement of competitive personal contests rather than collaborative searches for the truth. This article investigates the nature of attachment and traces out some of the undesirable consequences for classroom philosophical discussion, thinking, writing, and learning. It presents an alternative model to attachment and offers constructive suggestions for implementing the results of the investigation in the philosophy classroom and elsewhere. (shrink)

Dale Dorsey considers one of the most fundamental questions in philosophical ethics: to what extent do the demands of morality have normative authority over us and our lives? Must we conform to moral requirements? Most who have addressed this question have treated the normative significance of morality as simply a fact to be explained. But Dorsey argues that this traditional assumption is misguided. According to Dorsey, not only are we not required to conform to moral demands, conforming to morality's (...) demands will not always even be normatively permissible---moral behavior can be wrong. This view is significant not only for understanding the content and force of the moral point of view, but also for understanding the basic elements of how one ought to live. (shrink)

Much of knowing what to do is knowing what to do for ourselves, but knowing how to act in our best interest is complex---we must know what benefits us, what burdens us, and how these facts present and constitute considerations in favor of action. Additionally, we must know how we should weigh our interests at different times---past, present, and future. Dale Dorsey argues that a theory of prudence is needed: a theory of how we ought to act when we (...) are acting for ourselves. A Theory of Prudence provides a comprehensive account of prudence, including the metaethics of prudential value, the nature of the personal good, the reasons of prudence, and the structure of prudential normativity over time. (shrink)

The Truth That Never Hurts brings together for the first time more than two decades of literary criticism & political thought about gender, race, sexuality, power & social change. As one of the first writers in the United States to claim Black feminism for Black women in the early seventies, this authors works has been ground breaking in defining a Black women's literary tradition; in examining the sexual politics of the lives of Black & other women of color; in representing (...) the lives of Black lesbians & gay men; & in making connections between race, class, sexuality, & gender. Her essay "Toward a Black Feminist Criticism," is often cited as a major catalyst in opening the field of Black women's literature. This essay also presented the first serious discussion of Black lesbian writing. Essays about racism in the women's movement, Black & Jewish relations, & homophobia in the Black community have ignited dialogue about topics that few other writers address. The collection also brings together topical political commentaries that examine the 1968 Chicago convention demonstrations; attacks on the NEA; the Anita Hill/Clarence Thomas Senate hearings; & police brutality against Rodney King & Abner Louima. It also includes a never before published personal essay on racial violence, the day-to-day life of Kitchen Table Press, & the bonds between Black women that make it possible to survive. This authors writing offers a rare combination of intellectual challenge & an accessible personal voice. her commitment to telling the truth about difficult, even volatile issues, makes a unique contribution to American literature & social thought. (shrink)

Hegel's philosophy of religion lecture texts. Critical editions-continuing the Hegel renaissance -- Hegel's tripartite philosophy of religion. The concept of religion ; Determinate religion ; The consummate religion -- Hegel's religious dialectic of identity and difference. Identity and religion ; The whole truth: trinity ; Incarnation and otherness ; The kingdom of God.

We ordinarily suppose that there is a difference between having and failing to exercise a rational capacity on the one hand, and lacking a rational capacity altogether on the other. This is crucial for our allocations of responsibility. Someone who has but fails to exercise a capacity is responsible for their failure to exercise their capacity, whereas someone who lacks a capacity altogether is not. However, as Gary Watson pointed out in his seminal essay ’Skepticism about Weakness of Will’, the (...) idea of an unexercised capacity is much more difficult to make sense of than it initially appears. The aim of ’Rational Capacities’ is to provide the needed explication of this idea. (shrink)

This book is the first to engage Zen Buddhism philosophically on crucial issues from a perspective that is informed by the traditions of western philosophy and religion. It focuses on one renowned Zen master, Huang Po, whose recorded sayings exemplify the spirit of the 'golden age' of Zen in medieval China, and on the transmission of these writings to the West. The author makes a bold attempt to articulate a post-romantic understanding of Zen applicable to contemporary world culture. While deeply (...) sympathetic to the Zen tradition, he raises serious questions about the kinds of claims that can be made on its behalf. (shrink)

A common presupposition in contemporary moral and political philosophy is that individuals should be provided with some basic threshold of goods, capabilities, or well-being. But if there is such a basic minimum, how should this be understood? Dale Dorsey offers an underexplored answer: that the basic minimum should be characterized not as the achievement of a set of capabilities, or as access to some specified bundle of resources, but as the maintenance of a minimal threshold of human welfare. In (...) addition, Dorsey argues that though political institutions should be committed to the promotion of this minimal threshold, we should reject approaches that seek to cast the basic minimum as a human right. His book will be important for all who are interested in theories of political morality. (shrink)

The analytical philosophy of the last hundred years has been heavily influenced by a doctrine to the effect that the key to the correct understanding of reality is captured syntactically in the ‘Fa’ (or, in more sophisticated versions, in the ‘Rab’) of standard first order predicate logic. Here ‘F’ stands for what is general in reality and ‘a’ for what is individual. Hence “f(a)ntology”. Because predicate logic has exactly two syntactically different kinds of referring expressions—‘F’, ‘G’, ‘R’, etc., and ‘a’, (...) ‘b’, ‘c’, etc.—so reality must consist of exactly two correspondingly different kinds of entity: the general (properties, concepts) and the particular (things, objects). We describe the historical influence of this view, and also show how standard first-order predicate logic can be used for the logical formalization of a more adequate “six category ontology”, which recognizes, at the level of both particulars and universals, not only things or objects but also events and qualities. (shrink)

In 1963 Niko Tinbergen published a paper, "On Aims and Methods of Ethology," dedicated to his friend Konrad Lorenz. Here Tinbergen defines ethology as "the biological study of behavior," and seeks to demonstrate "the close affinity between Ethology and the rest of Biology." Tinbergen identifies four major areas of ethology: causation, survival value, evolution, and ontogeny. Our goal is to attempt for cognitive ethology what Tinbergen succeeded in doing for ethology: to clarify its aims and methods, to distinguish some of (...) its varieties, and to defend the fruitfulness of the research strategies that it has spawned. (shrink)

ABSTRACT:We combine prior research on ethical decision-making in organizations with a rational choice theory of corporate crime from criminology to develop a model of corporate offending that is tested with a sample of U.S. managers. Despite demands for increased sanctioning of corporate offenders, we find that the threat of legal action does not directly affect the likelihood of misconduct. Managers’ evaluations of the ethics of the act, measured using a multidimensional ethics scale, have a significant effect, as do outcome expectancies (...) that result from being associated with the misconduct but not facing formal sanctions. The threat of formal sanctions appears to operate indirectly, influencing ethical evaluations and outcome expectancies. Obedience to authority also affects illegal intentions, with managers reporting higher prospective offending when they are ordered to engage in misconduct by a supervisor. (shrink)

Over-time variability characterizes not only individual-level emotions, but also group-level emotions, those that occur when people identify with social groups and appraise events in terms of their implications for those groups. We discuss theory and research regarding the role of emotions in intergroup contexts, focusing on their dynamic nature. We then describe new insights into the causes and consequences of emotional dynamics that flow from conceptualizing emotions as based in group membership, and conclude with research recommendations.