The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...) general understanding of dutiful action that permits human rights to see to the tasks of an institutional morality. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

How does morality allocate responsibility for what it requires? I am concerned here with one fundamental part of this question, namely, how morality determines responsibility when multiple agents are capable of contributing to or completing a moral task, and special relationships capable of generating duties with respect to the task are non-existent, insufficient as a moral response, or partly indeterminate. On one view, responsibility falls to the agents who can bear it with the least burden. I show why this is (...) initially attractive and mistaken. Instead, I defend an equity-based approach that accommodates the intuitions that both support and trouble the least-cost principle. One upshot is that sometimes we ought prefer a distribution of responsibility that is more expensive and less local than needed to complete the task. I illustrate the practical significance of the argument in terms of the human rights of refugees. (shrink)

Ronald Dworkin once identified the basic question of jurisprudence as: ‘What, in general, is a good reason for a decision by a court of law?’ I argue that, over the course of his career, Dworkin gave an essentially sound answer to this question. In fact, he gave a correct answer to a broader question: ‘What is a good reason for a legal decision, generally?’ For judges, officials of executive and administrative agencies, lawyers, non-governmental organizations, and ordinary subjects acting in the (...) variety of legal contexts, Dworkin identified the proper basis for a legal decision, and its implications for the form of well-conducted legal reasoning. Dworkin's stance on the above questions can be characterised by two theses. I defend his view by substantiating each. The result is agnostic about the viability of other aspects of Dworkin's legal theory, as it focuses on the grounds of proper legal decision-making. Whatever the fate of his other philosophical views, Dworkin's jurisprudence includes a clear-heade... (shrink)

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...) (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)

The paper addresses the question of what standard of conduct is supplied by human rights morality. Since the protection of dignity-interests operates on a continuum, we require a sense, if human rights are to be practically meaningful, of where on that continuum we can say that human rights have been sufficiently seen to by prevailing institutions. I argue that human rights require relevant institutions to secure a social context where it is not rationally permissible for subjects to despair. This is (...) a matter of providing security against risks to basic interests adequate to objectively warrant an agential stance. Aside from providing a principled threshold of protection, the proffered understanding supports a distinction between human rights and justice, helps illuminate the substance of certain human rights concerned with securing the conditions for rational judgment, and enables an account of the trumping or preemptive force of human rights. (shrink)

I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer (...) an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications. (shrink)

In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it is a (...) normative theory of legal reasoning for particular social circumstances. The approach is, somewhat like Raz’s influential account, instrumental in character. Yet, it denies that the morally binding legal norms are, in whole or part, exclusionary reasons for the responsible subject. Law’s instrumentality must be given an alternative characterization. (shrink)

Imposing Risk: A Normative Framework. By John Oberdiek.

_Rhetoric_ is the sixth volume in The New Hackett Aristotle series, a series featuring translations, with Introductions and Notes, by C. D. C. Reeve, Delta Kappa Epsilon Distinguished Professor of Philosophy at The University of North Carolina at Chapel Hill. The series will eventually include all of Aristotle's works.

Given his view that the modern world is ‘radically evil’, Adorno is an unlikely contributor to business ethics. Despite this, we argue that his work has a number of provocative implications for the field that warrant wider attention. Adorno regards our social world as damaged, unfree, and false and we draw on this critique to outline why the achievement of good work is so rare in contemporary society, focusing in particular on the ethical demands of roles and the ideological nature (...) of management’s self-understanding. Nevertheless, we show that Adorno’s comments on activities such as art and philosophy mean that it is possible to draw on his work in a way that contributes constructively to the conversation about good and meaningful work within business ethics. (shrink)

Bare plural generic sentences pervade ordinary talk. And yet it is extremely controversial what semantics to assign to such sentences. In this paper, I achieve two tasks. First, I develop a novel classification of the various standard uses to which bare plurals may be put. This “variety data” is important—it gives rise to much of the difficulty in systematically theorizing about bare plurals. Second, I develop a novel account of bare plurals, the radical account. On this account, all bare plurals (...) fail to express propositions. The content of a bare plural has to be pragmatically “completed” by a speaker in order for her to make an assertion. At least the content of a quantifier expression has to be supplied. But sometimes, the content of a sentential operator or modal verb is also supplied. The radical account straightforwardly explains the variety data: Speakers’ communicative intentions vary wildly across different contexts. (shrink)

The definitive life of John Stuart Mill, one of the heroic giants of Victorian England Richard Reeves' sparkling new biography can be read as an attempt to do justice to this eminent thinker, and it succeeds triumphantly. He reveals Mill as a man of action--a philosopher and radical MP who profoundly shaped Victorian society and whose thinking continues to illuminate our own. The product of an extraordinary and unique education, Mill would become in time the most significant English thinker (...) of the nineteenth century, the author of the landmark essay On Liberty, and one of the most passionate reformers and advocates of his revolutionary, opinionated age. As a journalist he fired off weekly articles demanding Irish land reform as the people of that nation starved, as an MP he introduced the first vote on women's suffrage, fought to preserve free-speech, and opposed slavery--and, in his private life, for two decades pursued a love affair with another man's wife. To understand Mill and his contribution to his time and ours, Richard Reeves explores his life and work in tandem. The result is both a riveting and authoritative biography of a man raised by his father to promote happiness, whose life was spent in the pursuit of truth and liberty for all. (shrink)

"It is... remarkable that Reeve's is the first new English translation since Fowler's Loeb edition of 1926. Fortunately, Reeve has done an excellent job. His version is not slavishly literal but is in general very accurate. It is also very clear and readable. Reeve is particularly to be congratulated for having produced versions of some of the more torturous passages, which are not only faithful to the text but also make good sense in English. The long and detailed introduction is (...) worth reading in its own right." --R. F. Stalley, _The Classical Review_. (shrink)

Naive observers viewed a sequence of colored Mondrian patterns, simulated on a color monitor. Each pattern was presented twice in succession, first under one daylight illuminant with a correlated color temperature of either 16,000 or 4,000 K and then under the other, to test for color constancy. The observers compared the central square of the pattern across illuminants, either rating it for sameness of material appearance or sameness of hue and saturation or judging an objective property—that is, whether its change (...) of color originated from a change in material or only from a change in illumination. Average color constancy indices were high for material appearance ratings and binary judgments of origin and low for hue–saturation ratings. Individuals’ performance varied, but judgments of material and of hue and saturation remained demarcated. Observers seem able to separate phenomenal percepts from their ontological projections of mental appearance onto physical phenomena; thus, even when a chromatic change alters perceived hue and saturation, observers can reliably infer the cause, the constancy of the underlying surface spectral reflectance. (shrink)

Aristotle on Practical Wisdom is the first full-scale commentary on Nicomachean Ethics VI to be issued in a century, and the most illuminating ever. A meticulous translation with facing-page analysis enables readers to engage directly with Aristotle's account, while the lucid introduction locates it in the context of his—and later—ethical thought.

First published in 1973, Sir Anthony Kenny’s classic introduction to Wittgenstein was widely praised for offering a lucid and historically informed account of the philosopher’s core concerns. Kenny's study is also remarkable for demonstrating the continuity between Wittgenstein’s early and late writings. Focusing on Wittgenstein’s philosophy of mind and language, Kenny closely examines the works of the middle years. He exposes apparent conflicts and then goes on to reconcile them, providing a persuasive argument for the unity of Wittgenstein’s thought. (...) This revised edition includes an extensive new introduction in which Kenny outlines developments in Wittgenstein scholarship since the book was first published and assesses Wittgenstein’s influence in the latter part of the twentieth century. (shrink)

This powerful critique of Marx's historical materialism - as a theory of power, as an account of history, and as a political theory -has been revised to take note of the profound intellectual and political changes that have occurred since the first edition was published. Reviews from the first edition 'Giddens draws upon a formidable knowledge of anthropology, archaeology, geography, and philosophy to demonstrate the limitations of Marxism and to formulate his own interpretation of the history of societies ... He (...) does a masterful job of setting his theory within a historical and critical framework of writings on Marx. His clarity of thought and his deft and often humorous handling of the unavoidable jargon of sociology and Marxist political theory makes this book a critical work of the highest quality.' Journal of International Law and Politics 'By contrast with many practictioners in the rather murky area of social theory, Giddens clearly seeks to make himself understood, and he has the useful quality of provoking one to argument. He has let light into some dark places.' The Times Higher Education Supplement 'Although Marx, Durkheim, and Weber continue to fill more index space than any other authors, Critique is Giddens's most explicit and committed statement of his own conceptualization of social theory ... It is his most original and therefore most vulnerable book, at once a cause for celebration and an invitation to critical reappraisal of the author's entire theoretical project.' Environment and Planning. (shrink)

Introduction -- The syntax of English clefts -- Clefts and the licensing of relative clauses -- Clefts in Slavonic languages -- The syntax of specificational sentences -- Conclusion.

I examine the status of Aristotle’s science of soul and argue that it is trans-generic in the way that Aristotle's universal mathematics is. For just as the branches of the latter differ considerably, so too do the sciences of life: botany, zoology, psychology, and (in Aristotle’s view) astronomy and theology. Discovering the correct definition of soul, which is their starting point or first principle, as with other scientific starting points, involves both induction and dialectic. Induction uses scientific observation of living (...) things to move toward this starting point. Dialectic enables the scientist to assemble endoxa, or reputable beliefs, that allow us to solve each puzzle (aporia) that clouds our understanding (nous) of the starting point that induction enables us to reach. (shrink)

What is mind? This book attempts to give a philosophical answer to that question in language accessible to the layperson, but with a rigor acceptable to the specialist. Published on the centenary of the birth of Wittgenstein and the 40th anniversary of the publication of Gilbert Ryle 's classic The Concept of Mind, this work testifies to the influence of those thinkers on Kenny's own work in the philosophy of mind, and assembles Kenny's ideas on philosophical psychology into a systematic (...) whole. (shrink)

Sir Anthony Kenny's engaging new multi-volume history of Western philosophy now advances into the modern era. The Rise of Modern Philosophy captures the fascinating story of the emergence, from the early sixteenth to the early nineteenth century, of the great ideas and intellectual systems that shaped modern thought. Kenny introduces us to some of the world's most original and influential thinkers and helps us gain an understanding of their famous works. The great minds we meet include Rene Descartes, traditionally (...) seen as the founder of modern philosophy; the great British philosophers Hobbes, Locke, and Hume; continental thinkers such as Spinoza, Liebniz, and Hegel; and the towering figure of Immanuel Kant, who perhaps more than any other made philosophy what it is today. Kenny first tells the story of modern philosophy chronologically: his lively, accessible narrative brings the philosophers to life and fills in the historical and intellectual background to their work. It is ideal as the first thing to read for someone new to this wonderfully creative period. Kenny then backtracks to look closely at each of the main areas of philosophical exploration in this period: knowledge and understanding; the nature of the physical universe; metaphysics (the most fundamental questions there are about existence); mind and soul; the nature and content of morality; political philosophy; and God. The book also features many intriguing and beautiful illustrations which evoke the human and social side of philosophy. Anyone who is interested in the evolution of modern thought will find this a book a treasure. (shrink)

I introduce a new version of Moral Error Theory, which I call Type-B Moral Error Theory. According to a Type-B theorist there are no facts of the kind required for there to be morality in stricto sensu, but there can be irreducible ‘normative’ properties which she deems, strictly speaking, to be morally irrelevant. She accepts that there are instrumental all things considered oughts, and categorical pro tanto oughts, but denies that there are categorical all things considered oughts on pain of (...) requiring ‘queer’ facts to obtain. I detail the most central motivation of this version of the theory against its more traditional rival, according to which there are no irreducible normative properties at all. The motivation is that it, unlike its rival, can successfully be defended against the notorious charge of self-defeat. (shrink)

In this paper I argue that Theodor W. Adorno 's philosophy of freedom needs an ontological picture of the world. Adorno does not make his view of natural order explicit, but I suggest it could be neither the chaotic nor the strictly determined ontological images common to idealism and positivism, and that it would have to make intelligible the possibility both of human freedom and of critical social science. I consider two possible candidates, Nancy Cartwright 's ‘patchwork of laws’, and (...) Roy Bhaskar 's critical realism. Arguing that Cartwright 's position conflicts with the spirit of Adorno 's philosophy, I suggest that Bhaskar 's realism is compatible with and to a significant extent implicit in Adorno 's position. Whilst Adorno is clearly not a critical realist, Bhaskar 's position does provide the best overall account of the ontological commitments of Adorno 's critical theory. It becomes possible in turn to locate Bhaskar 's arguments in a broader critical tradition and give fuller expression to the concerns that structure his work, in particular by locating the epistemic fallacy in the narrative account of the natural history of subjective reason and its tendency towards ‘identity thinking ’. The discussion goes on to consider the interdependence of reason, nature and freedom in the idea of emancipatory critique, confirming the deeper affinities between critical realism and critical theory. (shrink)

Buying and selling are the most natural activities common to human beings. In a society where profit overrides personal dignity and human rights, many people see market as a virtue-free zone. They do not believe that one can buy and sell without dishonest gains. Consequently, they are ready to do anything in the name of business: manufacturing and selling fake and substandard goods and services for originals. Today, markets are flooded with fake medical drugs, fake foods, fake drinks/water, fake motor (...) parts and fake building materials. Thus market exhibits exploitative and negative impacts on customer satisfaction. Its impact on human life and property leads to increased deaths because of poisoning, building collapses and even increased road accidents. Such market transaction lacks mutual benefit which is its telos. This paper seeks to establish that market is not a virtue-free zone. It has moral standards of excellence internal to it. (shrink)

This new edition keeps the same successful format, with each chapter providing a self-contained introduction to the topic it discusses, rewritten to include ...

The demand for female labor is a central explanatory component of macrostructural theories of gender stratification. This study analyzes how the structural demand for female labor affects gender differences in labor force participation. The authors develop a measure of the gendered demand for labor by indexing the degree to which the occupational structure is skewed toward usually male or female occupations. Using census data from 1910 through 1990 and National Longitudinal Sample of Youth data from 261 contemporary U.S. labor markets, (...) the authors show that the gender difference in labor force participation covaries across time and space with this measure of the demand for female labor. (shrink)

The first four essays in this guide are devoted to the study of Wittgenstein′s own ideas about philosophy. The remaining six apply his ideas to the work of other thinkers.

What is the relationship between contemporary intellectual culture and the European Enlightenment it claims to reject? In Consequences of Enlightenment, Anthony Cascardi revisits the arguments advanced in Horkheimer and Adorno's seminal work Dialectic of Enlightenment. Cascardi argues against the view that postmodern culture has rejected Enlightenment beliefs and explores instead the continuities contemporary theory shares with Kant's failed ambition to bring the project of Enlightenment to completion. He explores the link between aesthetics and politics in thinkers as diverse as (...) Habermas, Derrida, Arendt, Nietzsche, Hegel, and Wittgenstein in order to reverse the tendency to see works of art simply in terms of the worldly practices among which they are situated. (shrink)

While philosophers of mind have been arguing over the status of mental representations in cognitive science, cognitive scientists have been quietly engaged in studying perception, action, and cognition without explaining them in terms of mental representation. In this book, Anthony Chemero describes this nonrepresentational approach, puts it in historical and conceptual context, and applies it to traditional problems in the philosophy of mind. Radical embodied cognitive science is a direct descendant of the American naturalist psychology of William James and (...) John Dewey, and follows them in viewing perception and cognition to be understandable only in terms of action in the environment. Chemero argues that cognition should be described in terms of agent-environment dynamics rather than in terms of computation and representation. After outlining this orientation to cognition, Chemero proposes a methodology: dynamical systems theory, which would explain things dynamically and without reference to representation. He also advances a background theory: Gibsonian ecological psychology, "shored up" and clarified. Chemero then looks at some traditional philosophical problems through the lens of radical embodied cognitive science and concludes that the comparative ease with which it resolves these problems, combined with its empirical promise, makes this approach to cognitive science a rewarding one. "Jerry Fodor is my favorite philosopher," Chemero writes in his preface, adding, "I think that Jerry Fodor is wrong about nearly everything." With this book, Chemero explains nonrepresentational, dynamical, ecological cognitive science as clearly and as rigorously as Jerry Fodor explained computational cognitive science in his classic work The Language of Thought. (shrink)

Shaftesbury's Characteristics of Men, Manners, Opinions, Times was published in 1711. It ranges widely over ethics, aesthetics, religion, the arts (painting, literature, architecture, gardening), and ancient and modern history, and aims at nothing less than a new ideal of the gentleman. Together with Locke's Essay Concerning Human Understanding and Addison and Steele's Spectator, it is a text of fundamental importance for understanding the thought and culture of Enlightenment Europe. This volume presents a new edition of the text together with an (...) introduction, explanatory notes and a guide to further reading. (shrink)

This new translation of _On Coming to Be and Passing Away _and_ Meteorology 1 and 4_ fits seamlessly with the other volumes in the New Hackett Aristotle Series, enabling Anglophone readers to study these works in a way previously not possible. The Introduction describes the book that lies ahead, explaining what it is about, what it is trying to do, how it goes about doing it, and what sort of audience it presupposes. Sequentially numbered, cross-referenced endnotes provide the information most (...) needed at each juncture, while a detailed Index indicates the places where focused discussion of key notions occurs. (shrink)

The contemporary astrophysicist today deals with questions that bear on the area known to traditional philosophy as “metaphysics.” Consequently, it is tempting to cross the threshold. One can allow oneself to be tempted by the idea that science is in a position to provide solutions to ancient and venerable metaphysical quests. One can even imagine, according to the wish expressed two thousand years ago by Epicurus, that it can calm our “metaphysical anxieties.”.

I introduce a new version of Moral Error Theory, which I call Type-B Moral Error Theory. According to a Type-B theorist there are no facts of the kind required for there to be morality instricto sensu, but there can be irreducible ‘normative’ properties which she deems, strictly speaking, to be morally irrelevant. She accepts that there areinstrumentalall things considered oughts, andcategoricalpro tanto oughts (both of which she deems morally irrelevant), but denies that there arecategoricalall things considered oughts on pain of (...) requiring ‘queer’ facts to obtain. I detail the most central motivation of this version of the theory against its more traditional rival, according to which there are no irreducible normative properties at all. The motivation is that it, unlike its rival, can successfully be defended against the notorious charge of self-defeat. (shrink)

Children are routinely treated paternalistically. There are good reasons for this. Children are quite vulnerable. They are ill-equipped to meet their most basic needs, due, in part, to deficiencies in practical and theoretical reasoning and in executing their wishes. Children’s motivations and perceptions are often not congruent with their best interests. Consequently, raising children involves facilitating their best interests synchronically and diachronically. In practice, this requires caregivers to (in some sense) manage a child’s daily life. If apposite, this management will (...) focus partly on a child’s well-being. To be ably executed, an account of children’s well-being will need to be articulated. This chapter focuses on the nature of children’s well-being. It has five sections. The first section clarifies the focus. The second section examines some hurdles to articulating a view of children’s well-being. The third section evaluates some accounts of children’s well-being. The fourth section addresses the view that children possess features essential to them that make their lives on balance prudentially bad for them. The fifth section sums things up. (shrink)

Taking a refreshingly hands-on approach to introductory ethics, A 21st Century Ethical Toolbox provides students with a set of tools to help them understand and make a constructive difference in real-life moral controversies. Thoroughly optimistic, it invites students to approach ethical issues with a reconstructive intent, making room for more and better options than the traditional "pro" and "con" positions that have grown up around tough problems like abortion and animal rights. Ideal for introductory and applied ethics courses, this unique (...) text does not treat ethics as a purely academic, historical, or theoretical subject, but as a wide-ranging and ongoing set of challenges that calls for multiple and interwoven kinds of intelligence. It covers the skills that are most vital to making real progress in ethics, including paying careful attention to the values at stake on all sides of an issue; looking for creative opportunities within difficult problems; critical-thinking skills such as defining key terms and making sure to judge similar cases alike; and learning how to engage in constructive dialogue. Instructors can readily use the experiential and applied activities inspired by this "toolbox" of practical skills to design an interactive and collaborative ethics course. Students can carry these essential skills directly from this book into such projects as campaigning for environmental awareness and staffing local homeless shelters. In addition to his own discussion, Weston includes gripping and provocative short selections from essayists, activists, and philosophers, and also cites his own students. Extensive "Exercises and Notes" sections end each chapter, and a detailed appendix offers instructors advice on how to use the Toolbox in the classroom. (shrink)

The guiding questions of this volume are: Can we have knowledge of the external world of things outside our minds?