In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to the scientific (...) method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...

The question What makes a promise binding? has received much attention both from philosophers and lawyers. One argument is that promises are binding because the act of making a promise creates expectations in the promisee, which expectations it would be morally wrong to disappoint. Another argument is grounded in the effects engendered by the making of a promise, specifically actions taken in reliance upon the promise. These two positions, the so-called expectation and reliance theories, have traditionally been thought to be (...) incommensurable. In a recent article, Promises and Practices, Thomas Scanlon advances a theory of promising developed out of both of these positions. This article argues that Scanlon 's argument fails because it cannot avoid the incommensurability of the expectation and reliance principles. (shrink)

In this cutting edge volume. Dennis Patterson has put together a collection of essays on the topic of law and justice in postmodern society. While trying to avoid a singular point of view for this compilation, Patterson has carefully chosen articles which highlight common themes, problems, and questions.

This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory _. Represents essential reading for the beginning law student.

This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's _A Companion to Philosophy of Law and Legal Theory_. Represents essential reading for the beginning law student.

(1991). The importance of asking the right questions. Social Epistemology: Vol. 5, Social epistemology of the law, pp. 75-77. doi: 10.1080/02691729108578600.

The problem of foreknowledge and freedom presents a challenge to the defender of traditional Western theism. Nelson Pike has argued that the existence of an essentially omniscient God who possesses foreknowledge is incompatible with human freedom. Pike's opponents in this matter, among whom is Alvin Plantinga, argue that no incompatibility has yet been shown. I shall develop the view that neither Pike nor his opponents have conclusively settled the question whether foreknowledge and freedom are compatible. Furthermore there is a reason (...) why the issue has not been, and may never be, conclusively settled: it is an inherently paradoxical issue. To aid in demonstrating this point I shall discuss a modified version of a paradox that has come to be known as Newcomb's Problem. (shrink)

WHILE THERE IS AGREEMENT AMONG MANY (BUT NOT ALL) THEOLOGIANS AND PHILOSOPHERS THAT A MIRACULOUS EVENT SHOULD BE CONCEIVED IN OPPOSITION TO THE NATURAL ORDER, THERE IS DISAGREEMENT ABOUT WHY THIS OPPOSITION MUST BE PRESENT. IN THIS PAPER I EXAMINE ANTONY FLEW’S EXPLANATION OF HOW AND WHY MIRACLES AND NATURE ARE OPPOSED, SUGGESTING THAT HIS ACCOUNT IS, AS IT STANDS, PROBLEMATICAL AND IN NEED OF REVISION. I ARGUE THAT IF MIRACLES ARE TO BE THOUGHT OF AS SUPERNATURAL INTERVENTIONS INTO THE (...) NATURAL WORLD, AND HENCE IT IS THOUGHT APPROPRIATE TO SPEAK OF THEM AS PHYSICALLY IMPOSSIBLE, THEN ONE MUST DEFINE THE PHYSICALLY IMPOSSIBLE IN TERMS OF WHAT CAN BE EXPLAINED ONLY BY REFERENCE TO SUPERNATURAL FORCE, RATHER THAN IN TERMS OF WHAT IS LOGICALLY INCONSISTENT WITH LAWS OF NATURE. (shrink)

THE ESSAY "OF MIRACLES," IN ADDITION TO BEING ONE OF THE MOST PROVOKING SECTIONS OF HUME’S WRITINGS, IS ALSO ONE OF THE MOST WIDELY MISUNDERSTOOD. HUME CLAIMS HIS ARGUMENT IS SIMILAR TO AN ARGUMENT OF ARCHBISHOP TILLOTSON, AND I EXPLORE THE PARALLEL BETWEEN THE TWO ARGUMENTS IN DETAIL. FUNDAMENTAL TO BOTH IS THE CONCEPT OF EVIDENTIAL IMPOSSIBILITY: A PROPOSITION, P, IS EVIDENTIALLY IMPOSSIBLE IF AND ONLY IF ALLEGED EVIDENCE FOR THE TRUTH OF P WOULD NOT BE EVIDENCE FOR P, WERE (...) THE TRUTH OF P ESTABLISHED. I ARGUE THAT HUME’S CLAIM, WHICH IS THAT PROPOSITIONS ASSERTING THE EXISTENCE OF MIRACLES ARE EVIDENTIALLY IMPOSSIBLE, IS ONE WHICH IS NOT ACCEPTABLE, BUT FOR REASONS OTHER THAN THOSE THAT ARE USUALLY GIVEN. (shrink)

This study investigates the market reaction to corporate press releases announcing donations to the relief effort following the December, 2004 tsunami in Southeast Asia. Based on a sample of 79 U.S. companies, results indicate a statistically significant positive 5-day cumulative abnormal return. While differences in the timing of the press releases do not appear to have influenced market reactions, the amount of the donations did. Overall, the results appear to support Godfrey’s (Academy of Management Review 30, 777–798; 2005) assertion that (...) philanthropic giving must be perceived as being a genuine manifestation of the firm’s underlying social responsiveness in order to increase firm value. (shrink)

This paper critiques a recent article in this journal in terms of its use of persuasive techniques. The central issue of the original article by Miles, Munilla and Covin and this paper is whether there should be a change in intellectual property rights to address the needs of impoverished people who are HIV positive or have full blown AIDS and the countries that do not have the means to buy AIDS medication in the absence of subsidies. This paper argues that (...) patents are state sanctioned monopolies that worked effectively for nearly a century. However, new circumstances and a globally interdependent world represent a new environment calling for an adjustment in the conventional public policy premises underlying patents. Most of the meaning and complexity of this issue is lost to the persuasive techniques of the original article. (shrink)

Although data sharing is one of the primary measures proposed to improve the integrity and quality of published research, studies show it remains the exception not the rule. The current study examines the availability of data in papers reporting the results of analyses of empirical data from original research in high-impact addiction journals. Thirteen high-impact journals with data sharing policies were selected from those included in the substance abuse category of the 2018 Clarivate Analytics’ Journal Citation Report. The first 10 (...) full or short original research reports that included empirical data in the most recent complete issue of each journal were electronically searched and reviewed for reference to where their data can be obtained and for a formal data sharing statement. Only eight of the 130 papers contained a data sharing statement in their text or supplementary online materials, and just one contained a direct link to the data analyzed. Data sharing was rare in the 13 high-impact addiction journals reviewed. The nature of the data reported in addiction journals might partly explain this. Currently, data sharing is not a procedure likely to improve the quality and integrity of published addiction research. (shrink)

Concern about the integrity of empirical research has arisen in recent years in the light of studies showing the vast majority of publications in academic journals report positive results, many of these results are false and cannot be replicated, and many positive results are the product of data dredging and the application of flexible data analysis practices coupled with selective reporting. While a number of potential solutions have been proposed, the effects of these are poorly understood and empirical evaluation of (...) each would take many years. We propose that methods from the systems sciences be used to assess the effects, both positive and negative, of proposed solutions to the problem of declining research integrity such as study registration, Registered Reports, and open access to methods and data. In order to illustrate the potential application of systems science methods to the study of research integrity, we describe three broad types of models: one built on the characteristics of specific academic disciplines; one a diffusion of research norms model conceptualizing researchers as susceptible, “infected” and recovered; and one conceptualizing publications as a product produced by an industry comprised of academics who respond to incentives and disincentives. (shrink)

This textbook offers a unique and accessible approach to ethical decision-making for practicing pharmacists and student pharmacists. Unlike other texts, it gives clear guidance based on the fundamental principles of moral philosophy, explaining them in simple language and illustrating them with abundant clinical examples and case studies. The strength of this text is in its emphasis on normative ethics and critical thinking, and that there is truly a best answer in the vast majority of cases, no matter how complex. The (...) authors place high trust in a pharmacist’s moral judgment. This teaches the reader how to think, based on ethical principles, not necessarily what to think. This means navigating between the two extremes of overly theoretical and excessively prescriptive. The cogent framework given in this text uses the language of competing duties, identifying the moral principles at stake that create duties for the pharmacist. This is the balancing act of normative ethics, and of deciding which duties should prevail in a given clinical situation. This work presents a clear-cut pathway for resolving ethical dilemmas encountered by pharmacists, based on foundational principles and critical thinking. Presents a clear-cut pathway for resolving the ethical dilemmas encountered by pharmacists, based on foundational principles and critical thinking. Jon E. Sprague, RPh, PhD, Director of Science and Research for the Ohio Attorney General. (shrink)

(1983). Children's Perception of Science: an analysis of the notion of infallibility in the coverage of evolution in ‘textbooks’ and some other teaching materials. Educational Studies: Vol. 9, No. 2, pp. 93-103.

Teachable Moments will look at various pieces of the vocation of what it means to be a teacher in our school buildings today - through all of the most impactful reforms on the fabric of American education.

This study examines the relation between firms' corporate philanthropic giving and their performance in three other social domains - employee relations, environmental issues, and product safety. Based on a sample of 384 U.S. companies and using data pooled from 1998 through 2000, we find that worse performers in the other social areas are both more likely to make charitable contributions and that the extent of their giving is larger than for better performers. Analyses of each separate area of social performance, (...) however, indicate that the relation between giving and negative social performance only holds for the environmental issues and product safety areas. We find no significant association between corporate philanthropy and employee relations concerns. In general, these findings suggest that corporate philanthropy may be more a tool of legitimization than a measure of corporate social responsibility. (shrink)

We in the accounting profession have long shown an interest in presenting an ethical image. But are accountants more ethical than others in the business world? In order to answer that question, a survey was mailed to 250 lower-level accounting professionals to determine their perceptions of the importance of nineteen head and heart trait items first identified by Maccoby. The results, based on 134 replies, indicate that accountants have a higher perception of the importance of the heart traits that have (...) been associated with ethical inclinations than both managers and business students surveyed previously. However, in that head trait items still dominate in terms of importance, if accountants are more ethical, it is not to an overwhelming degree. (shrink)