Reclaiming Fuller -- Before the debate -- The 1958 debate -- The morality of law -- The reply to critics -- Resituating Fuller I : Raz -- Resituating Fuller II : Dworkin -- Three conversations.

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and (...) human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address. (shrink)

Author’s reply to four commentaries on ‘Legal Subjects and Juridical Persons: Developing Public Legal Theory through Fuller and Arendt.’.

The ‘public’ character of the kind of rule of law theorizing with which Lon Fuller was engaged is signalled especially in his attention to the very notion of being a ’legal subject’ at all. This point is central to the aim of this paper to explore the animating commitments, of substance and method alike, of a particular direction of legal theorizing: one which commences its inquiry from an assessment of conditions of personhood within a public legal frame. Opening up this (...) inquiry to resources beyond Fuller, the paper makes a novel move in its consideration of how the political theorist Hannah Arendt’s reflections on the ‘juridical person’ might aid a legal theoretical enterprise of this kind. (shrink)

Teased out through a playful tale about a king who failed in eight ways to make law, Lon L. Fuller's eight principles of the ‘internal morality of law’ became an important contribution to legal philosophy and rule of law theory alike. Moreover, it was Fuller's claim that his principles were not just internal to the enterprise of law, but also ‘moral’ in character, that precipitated a particular kind of ‘natural law versus legal positivism’ contest that continues among legal philosophers today. (...) But as a recent revival of interest in Fuller's thought indicates, his scholarly agenda around the idea of ‘the internal morality of law’ was wider still and deserves revisiting for the range of avenues of inquiry it opens up. (shrink)

Kristen Hessler argues that philosophy can best contribute to understanding human rights by exploring the full range of their use in practice. Her approach emphasizes how human rights activism and adjudication can both reveal and dismantle unjust social hierarchies. The result is an innovative vision of interdisciplinary human rights scholarship.

This paper examines how gender is represented within conspiracy theories by drawing on data from a corpus composed of conspiracy theory documents. It presents an analysis of the collocates of gendered nouns, highlighting the ways that conspiracy theorists use language to reinforce connections between religiosity and masculinity and understandings of femininity that rely on biological gender essentialism. Further, this paper highlights the overlap in values between religious masculinity and hegemonic masculinity that occur within this discourse. It also argues that the (...) ways in which gender is represented in conspiracy theory discourse shares links to far-right ideology, even when the conspiracies in question do not have direct or overt connections to the far-right. (shrink)

During emerging public health crises, both policymakers and members of the public are looking to scientific experts to provide guidance. Even in cases where there are significant uncertainties, there is pressure for experts to “speak with one voice” to avoid confusion, allow officials to make evidence-based decisions rapidly, and encourage public support for such decisions. This can lead experts to engage in masking of information about the state of the science or regarding assumptions involved in policy recommendations. Although experts might (...) have good reasons for masking disagreements, uncertainties, or assumptions when offering policy advice, we argue that this strategy can result in epistemic harms. Using the case of the COVID-19 pandemic, we show that public health authorities masked two types of information necessary for laypersons to evaluate public health recommendations: (1) experts’ disagreements about the scientific evidence and (2) the role of values in making inferences from the science to policy positions. We contend that this resulted in epistemic harms against laypeople that provide a pro tanto case against masking information. We further argue that when the science is in flux and policies need to be implemented despite significant uncertainties, there is an all-things-considered case against masking the types of information discussed. (shrink)

Children will grow to love the Bible as they see how God Speaks through Scripture.

Journal of Social Philosophy, EarlyView.

This article explores “determining gender,” the umbrella term for social practices of placing others in gender categories. We draw on three case studies showcasing moments of conflict over who counts as a man and who counts as a woman: public debates over the expansion of transgender employment rights, policies determining eligibility of transgender people for competitive sports, and proposals to remove the genital surgery requirement for a change of sex marker on birth certificates. We show that criteria for determining gender (...) differ across social spaces. Gender-integrated spaces are more likely to use identity-based criteria, while gender-segregated spaces, like the sexual spaces we have previously examined, are more likely to use biology-based criteria. In addition, because of beliefs that women are inherently vulnerable and men are dangerous, “men’s” and “women’s” spaces are not policed equally—making access to women’s spaces central to debates over transgender rights. (shrink)

Several feminist philosophers of science have tried to open up the possibility that feminist ethical or political commitments could play a positive role in good science by appealing to the Duhem-Quine thesis and underdetermination of theories by observation. I examine several different interpretations of the claim that feminist values could play a legitimate role in theory justification and show that none of them follow from a logical gap between theory and observation. Finally, I sketch an alternative approach for defending the (...) possibility that feminist political commitments could play a legitimate role in science. (shrink)

Evaluators who are interested in developing or improving a program or policy frequently look to formative evaluation as a guiding framework.This book shows why those hoping to use evaluation to drive change in complex systems, rather than develop or improve one program, policy, or product, need to shift from the oversimplified idea of formative evaluation to a more specified continuous improvement model grounded in improvement science. In doing so, author Kristen L. Rohanna provides guidance to both evaluators and others, (...) such as K-12 educators or hospital administrators, who lead improvement initiatives in their organizations and seek to solve persistent problems of practice. The book includes an extended case study: a networked improvement community of five public middle and high schools. (shrink)

The stories in this book offer strategies and practices for applying systems thinking in education to unleash human energy for the journey of continuous improvement.

The field of behavioral ethics has seen considerable growth over the last few decades. One of the most significant concerns facing this interdisciplinary field of research is the moral judgment-action gap. The moral judgment-action gap is the inconsistency people display when they know what is right but do what they know is wrong. Much of the research in the field of behavioral ethics is based on early work in moral psychology and American psychologist Lawrence Kohlberg’s foundational cognitive model of moral (...) development. However, Kohlberg’s model of moral development lacks a compelling explanation for the judgment-action gap. Yet, it continues to influence theory, research, teaching, and practice in business ethics today. As such, this paper presents a critical review and analysis of the pertinent literature. This paper also reviews modern theories of ethical decision making in business ethics. Gaps in our current understanding and directions for future research in behavioral business ethics are presented. By providing this important theoretical background information, targeted critical analysis, and directions for future research, this paper assists management scholars as they begin to seek a more unified approach, develop newer models of ethical decision making, and conduct business ethics research that examines the moral judgment-action gap. (shrink)

Pro-energy advocates have often cited fracking as a potential solution to our pressing need for energy because it can offer the United States a significant domestic energy source that can decrease American dependence on foreign oil and increase jobs. In addition, some proponents argue that the development of the industry is vital for economic growth in certain rural and poverty stricken areas. Advocates of the industry argue that fracking has several economic benefits, including an increase in jobs and cheaper natural (...) gas. Some states with an abundance of oil-rich sands have aggressively engaged in industrial... (shrink)

Researchers have wondered how the brain creates emotions since the early days of psychological science. With a surge of studies in affective neuroscience in recent decades, scientists are poised to answer this question. In this target article, we present a meta-analytic summary of the neuroimaging literature on human emotion. We compare the locationist approach (i.e., the hypothesis that discrete emotion categories consistently and specifically correspond to distinct brain regions) with the psychological constructionist approach (i.e., the hypothesis that discrete emotion categories (...) are constructed of more general brain networks not specific to those categories) to better understand the brain basis of emotion. We review both locationist and psychological constructionist hypotheses of brain–emotion correspondence and report meta-analytic findings bearing on these hypotheses. Overall, we found little evidence that discrete emotion categories can be consistently and specifically localized to distinct brain regions. Instead, we found evidence that is consistent with a psychological constructionist approach to the mind: A set of interacting brain regions commonly involved in basic psychological operations of both an emotional and non-emotional nature are active during emotion experience and perception across a range of discrete emotion categories. (shrink)

Professionals in business and law, healthcare providers, educators, policymakers, consumers, and higher education practitioners value ethical reasoning skills. Because of this, we concentrated campus-wide reaccreditation efforts to help students actively engage in ER. In doing so, we re-conceptualized the ER process, implemented campus-wide ER interventions designed to be experienced by all undergraduate students, and created the ethical reasoning identification test to measure students’ ability to engage in a foundational step in the ER process. Using factor analysis, we demonstrated internal validity (...) evidence for ERIT scores. More specifically, confirmatory factor analysis provided support for a unidimensional factor structure, meaning stakeholders can report and analyze ERIT total scores. The unidimensional factor structure was replicated using two independent samples. Across all samples, ERIT scores demonstrated reliability consistent with professional standards. In addition, we collected external validity evidence for ERIT scores. The ERIT was sensitive to slight differences in ER training. That is, students experiencing a 75-min intervention performed better on the test compared to students without this experience. Overall, results suggested that our ER intervention may effectively increase students ER abilities and the ERIT demonstrated great potential for assessing foundational ethical reasoning skills. To further examine validity, researchers should consider known groups analyses with varying “doses” of the ER intervention, as well as measurement invariance studies. (shrink)

Children will see how God is a Loving Father who perfectly provides for all he has made.

Children can trust that God hears his people when they come to him in prayer.

Developmental psychologists identify propensities for social engagement in human infants that are less evident in other apes; Sarah Hrdy links these social propensities to novel features of human childrearing. Unlike other ape mothers, humans can bear a new baby before the previous child is independent because they have help. This help alters maternal trade-offs and so imposes new selection pressures on infants and young children to actively engage their caretakers’ attention and commitment. Such distinctive childrearing is part of our grandmothering (...) life history. While consequences for other cooperative activities must surely follow, the novel rearing environments set up by helpful grandmothering can explain why natural selection escalated preferences and motivations for interactivity in our lineage in the first place, and why, unlike other aspects of infant development, social sensitivities are not delayed in humans compared with genus Pan. (shrink)

The Cambridge Handbook of the Global Work-Family Interface is a response to growing interest in understanding how people manage their work and family lives across the globe. Given global and regional differences in cultural values, economies, and policies and practices, research on work-family management is not always easily transportable to different contexts. Researchers have begun to acknowledge this, conducting research in various national settings, but the literature lacks a comprehensive source that aims to synthesize the state of knowledge, theoretical progression, (...) and identification of the most compelling future research ideas within field. The Cambridge Handbook of the Global Work-Family Interface aims to fill this gap by providing a single source where readers can find not only information about the general state of global work-family research, but also comprehensive reviews of region-specific research. It will be of value to researchers, graduate students, and practitioners of applied and organizational psychology, management, and family studies. (shrink)

This article examines the reproduction of gendered workplace inequalities through in-depth interviews with female-to-male transsexuals. Many FTMs enter the workforce as women and then transition to become men, an experience that can provide them with an “outsider-within” perspective on the “patriarchal dividend”—the advantages men in general gain from the subordination of women. Many of the respondents in this article find themselves, as men, receiving more authority, reward, and respect in the workplace than they received as women, even when they remain (...) in the same jobs. The author argues that their experiences can make the underpinnings of gendered workplace disparities visible and help illuminate how structural disadvantages for women are reproduced in workplace interactions. As tall, white FTMs see more advantages than short FTMs and FTMs of color, these experiences also illustrate how men's gender advantages at work vary with characteristics such as race/ethnicity and body structure. (shrink)

Numerous studies have documented the demand for information regarding corporations’ relationships to society. Much recent research has demonstrated why stakeholders need this information, and how it benefits both companies and the public. These studies suggest numerous methods by which companies can effectively disclose corporate social responsibility (CSR) information to the public, but in practice, reporting this type of information is fraught with legal and ethical uncertainty often unexplored in most literature. This article represents a fresh analysis of the numerous pragmatic (...) consequences and legal and ethical complications inherent in CSR reporting, using Nike Corporation as a case example. The article discusses the theoretical viewpoints surrounding the ethics of CSR disclosure, and presents the case of Nike and the complications it encountered while advertising CSR information. The article ends with an analysis of CSR auditing as a possible solution to companies seeking to improve the method and transparency of social responsibility reporting. (shrink)

This book offers insight into the many identity work processes in play in the construction of yoga categories, inviting readers to consider pop culture yoga, a distinct way of understanding this complex phenomenon.

Perhaps no other medical advocacy movement has been as successful as breast cancer advocacy in increasing awareness and funds. Recent decades have seen a division between a “green” environmental advocacy aimed at prevention and a “pink” advocacy focused on fund-raising for a cure. The movement has largely failed to address the implications of corporate control over genetic testing, as reflected by the involvement of only one breast cancer organization in the lawsuit against Myriad Genetics Laboratory, which held patents on the (...) BRCA 1/2 genes. This article argues that the reason for this failure is an unwillingness to challenge the role that corporations play in advocacy. (shrink)

How do people maintain their humanity during wars? Despite its importance, this question receives scant scholarly attention, perhaps because of the overwhelming aspect of war. The generally accepted wisdom is that wars bring out the worst in us, pitting us against one another. "War is hell," William Tecumseh Sherman famously noted, and even wars clearly designated "just" nonetheless inflict massive destruction and cruelty. Since ethics is concerned with discovering what takes us to a morally superior place, one conducive to human (...) flourishing and happiness, studying what helps people survive wartime trauma becomes an extremely valuable enterprise. A Darkling Plain thus fills an important scholarly void, analyzing wartime stories that reveal much about our capacity to process trauma, heal wounds, reclaim lost spirits, and derive meaning and purpose from the most horrific of personal events. (shrink)

This is a book about moral choice and courage. It is not, however, an abstract work of moral philosophy or psychology. Rather it is an exploration of the choices made by real individuals faced by moral quandaries. Monroe and her students interviewed people who faced moral dilemmas to see what motivated them to make difficult moral choices. These ranged from public officials dealing with issues of honesty and equity in public policy, to individuals facing private difficulties as well as people (...) who choose to focus their lives helping those in need. What explains a courageous choice? Monroe argues that moral courage comes from one's understanding of their identity. As she found in her previous work on rescuers of Jews during the holocaust, the people she interviews in this book felt that they had no choice but to take a courageous stand. Monroe explores how this identity develops through the life stories of these individuals. (shrink)

The past two decades have seen the extensive privatisation and marketisation of health care in an ever reaching number of developing countries. Within this milieu, medical tourism is being promoted as a rational economic development strategy for some developing nations, and a makeshift solution to the escalating waiting lists and exorbitant costs of health care in developed nations. This paper explores the need to problematize medical tourism in order to move beyond one dimensional neoliberal discourses that have, to date, dominated (...) the arena. In this problematization, the paper discusses a range of understandings and uses of the term ‘medical tourism’ and situates it within the context of the neoliberal economic development of health care internationally. Drawing on theory from critical medical anthropology and health and human rights perspectives, the paper critically analyzes the assumed independence between the medical tourism industry and local populations facing critical health issues, where social, cultural and economic inequities are widening in terms of access, cost and quality of health care. Finally, medical tourism is examined in the local context of India, critiquing the increasingly indistinct roles played by government and private sectors, whilst linking these shifts to global market forces. (shrink)

In academic writing, facts about the past generally require the citation of relevant sources unless the fact or idea is considered?common knowledge:? bits of information or dates upon which there is a wide scholarly consensus. This brief article reflects on the use of?common knowledge? claims in contemporary scholarship about women, families, and sexuality as experienced during 20th century, East European, state socialist regimes. We focus on several key stereotypes about the communist state and the situation of women that are often (...) asserted in the scholarly literature, and argue that many of these ideas uncannily resemble American anti-communist propaganda. When contemporary scholars make claims about communist intrusions into the private sphere to effect social engineering or the inefficacy of state socialist mass organizations or communist efforts to break up the family or indoctrinate the young, they often do so without citation to previous sources or empirical evidence supporting their claims, thereby suggesting that such claims are?common knowledge.? We believe that those wishing to assert such claims should link these assertions to concrete originating sources, lest it turn out the?common knowledge? derives, in fact, from western Cold War rhetoric. nema. (shrink)

While it is widely acknowledged that science is not “free” of non-epistemic values, there is disagreement about the roles that values can appropriately play. Several have argued that non-epistemic values can play important roles in modeling decisions, particularly in addressing uncertainties ; Risbey 2007; Biddle and Winsberg 2010; Winsberg : 111-137, 2012); van der Sluijs 359-389, 2012). On the other hand, such values can lead to bias ; Bray ; Oreskes and Conway 2010). Thus, it is important to identify when (...) it is legitimate to appeal to non-epistemic values in modeling decisions. An approach is defended here whereby such value judgments are legitimate when they promote democratically endorsed epistemological and social aims of research. This framework accounts for why it is legitimate to appeal to non-epistemic values in a range of modeling decisions, while addressing concerns that the presence of such values will lead to bias or give scientists disproportionate power in deciding what values ought to be endorsed. (shrink)