Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

This Is A New Release Of The Original 1899 Edition.

In contemporary philosophical debates in the United States "redefining pragmatism" has become the conventional way to flag significant philosophical contests and to launch large conceptual and programmatic changes. This book analyzes the contributions of such developments in light of the classic formulations of Charles S. Peirce and John Dewey and the interaction between pragmatism and analytic philosophy. American pragmatism was revived quite unexpectedly in the 1970s by Richard Rorty's philosophical heterodoxy and his running dispute with Hilary Putnam, who, like Rorty, (...) is a professed Deweyan. Reinventing Pragmatism examines the force of the new pragmatisms, from the emergence of Rorty's and Putnam's basic disagreements of the 1970s until the turn of the century. Joseph Margolis considers the revival of a movement generally thought to have ended by the 1950s as both a surprise and a turn of great importance. The quarrel between Rorty and Putnam obliged American philosophers, and eventually Eurocentric philosophy as a whole, to reconsider the direction of American and European philosophy, for instance in terms of competing accounts of realism and naturalism. (shrink)

Since the very beginning, Confucianism has been troubled by a serious gap between its political ideals and the reality of societal circumstances. Contemporary Confucians must develop a viable method of governance that can retain the spirit of the Confucian ideal while tackling problems arising from nonideal modern situations. The best way to meet this challenge, Joseph Chan argues, is to adopt liberal democratic institutions that are shaped by the Confucian conception of the good rather than the liberal conception of (...) the right.Confucian Perfectionism examines and reconstructs both Confucian political thought and liberal democratic institutions, blending them to form a new Confucian political philosophy. Chan decouples liberal democratic institutions from their popular liberal philosophical foundations in fundamental moral rights, such as popular sovereignty, political equality, and individual sovereignty. Instead, he grounds them on Confucian principles and redefines their roles and functions, thus mixing Confucianism with liberal democratic institutions in a way that strengthens both. Then he explores the implications of this new yet traditional political philosophy for fundamental issues in modern politics, including authority, democracy, human rights, civil liberties, and social justice.Confucian Perfectionism critically reconfigures the Confucian political philosophy of the classical period for the contemporary era. (shrink)

One of the most influential ideas in the field of business ethics has been the suggestion that ethical conduct in a business context should be analyzed in terms of a set of fiduciary obligations toward various “stakeholder” groups. Moral problems, according to this view, involve reconciling such obligations in cases where stakeholder groups have conflicting interests. The question posed in this paper is whether the stakeholder paradigm represents the most fruitful way of articulating the moral problems that arise in business. (...) By way of contrast, I outline two other possible approaches to business ethics: one, a more minimal conception, anchored in the notion of a fiduciary obligation toward shareholders; and the other, a broader conception, focused on the concept of market failure. I then argue that the latter offers a more satisfactory framework for the articulation of the social responsibilities of business. (shrink)

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In the economic literature on the firm, especially in the transaction-cost tradition, a sharp distinction is drawn between so-called “market transactions” and “administered transactions.” This distinction is of enormous importance for business ethics, since market transactions are governed by the competitive logic of the market, whereas administered transactions are subject to the cooperative norms that govern collective action in a bureaucracy. The widespread failure to distinguish between these two types of transactions, and thus to distinguish between adversarial and non-adversarial relations, (...) has led many business ethicists to develop a “uniform” moral code. Yet in market transactions, the checks and balances built into the system of commercial exchange are such as to permit more instrumental forms of behavior. In administered transactions, by contrast, these checks and balances are absent, and thus the institutional context calls for much greater exercise of moral restraint. In this paper, I begin the task of developing an adversarial ethic for business. According to this view, the competitive environment licenses a greater range of “self-interested” behavior, but also imposes its own constraints on the strategies that firms may adopt in the pursuit of their interests. (shrink)

This paper raises a challenge for those who assume that corporate social responsibility and good corporate governance naturally go hand-in-hand. The recent spate of corporate scandals in the United States and elsewhere has dramatized, once again, the severity of the agency problems that may arise between managers and shareholders. These scandals remind us that even if we adopt an extremely narrow concept of managerial responsibility – such that we recognize no social responsibility beyond the obligation to maximize shareholder value – (...) there may still be very serious difficulties associated with the effective institutionalization of this obligation. It also suggests that if we broaden managerial responsibility, in order to include extensive responsibilities to various other stakeholder groups, we may seriously exacerbate these agency problems, making it even more difficult to impose effective discipline upon managers. Hence, our central question: is a strong commitment to corporate social responsibility institutionally feasible? In searching for an answer, we revisit the history of public management, and in particular, the experience of social-democratic governments during the 1960s and 1970s, and their attempts to impose social responsibility upon the managers of nationalized industries. The results of this inquiry are less than encouraging for proponents of corporate social responsibility. In fact, the history of public-sector management presents a number of stark warnings, which we would do well to heed if we wish to reconcile robust social responsibility with effective corporate governance. (shrink)

We propose new definitions of (causal) explanation, using structural equations to model counterfactuals. The definition is based on the notion of actual cause, as defined and motivated in a companion article. Essentially, an explanation is a fact that is not known for certain but, if found to be true, would constitute an actual cause of the fact to be explained, regardless of the agent's initial uncertainty. We show that the definition handles well a number of problematic examples from the literature.

Modern Jewish Theology is the first comprehensive collection of Jewish theological ideas from the pathbreaking nineteenth and early twentieth centuries, featuring selections from more than thirty of the most influential modern Jewish thinkers of the era.

Analyzes Schelling's arguments for his idealism and pieces together a description of his theory of nature from among the large number of his writings in this area. It also traces the influence of Naturphilosophie on 19th-century science and connects it with recent System Theory.

The deeply entrenched, sometimes heated conflict between the disability movement and the profession of bioethics is well known and well documented. Critiques of prenatal diagnosis and selective abortion are probably the most salient and most sophisticated of disability studies scholars’ engagements with bioethics, but there are many other topics over which disability activists and scholars have encountered the field of bioethics in an adversarial way, including health care rationing, growth-attenuation interventions, assisted reproduction technology, and physician-assisted suicide. -/- The tension between (...) the analyses of the disabilities studies scholars and mainstream bioethics is not merely a conflict between two insular political groups, however; it is, rather, also an encounter between those who have experienced disability and those who have not. This paper explores that idea. I maintain that it is a mistake to think of this conflict as arising just from a difference in ideology or political commitments because it represents a much deeper difference—one rooted in variations in how human beings perceive and reason about moral problems. These are what I will refer to as variations of moral psychology. The lived experiences of disability produce variations in moral psychology that are at the heart of the moral conflict between the disability movement and mainstream bioethics. I will illustrate this point by exploring how the disability movement and mainstream bioethics come into conflict when perceiving and analyzing the moral problem of physician-assisted suicide via the lens of the principle of respect for autonomy. To reconcile its contemporary and historical conflict with the disability movement, the field of bioethics must engage with and fully consider the two groups’ differences in moral perception and reasoning, not just the explicit moral and political arguments of the disability movement. (shrink)

While engaging in rich discussion, Conspiracy Theories analyzes current arguments and evidence while providing real-world examples so students can contextualize and visualize the debates. Each chapter addresses important current questions, provides conceptual tools, defines important terms, and introduces the appropriate methods of analysis.

It may seem obvious that causing disability in another person is morally problematic in a way that removing or preventing a disability is not. This suggests that there is a moral asymmetry between causing disability and causing non-disability. This chapter investigates whether there are any differences between these two types of actions that might explain the existence of a general moral asymmetry. After setting aside the possibility that having a disability is almost always bad or harmful for a person (a (...) view that we have critiqued at length elsewhere), seven putative differences are considered. Ultimately, it is concluded that none of these seven factors can ground a general moral asymmetry between causing disability and causing non-disability, though each factor can provide some moral reason to avoid causing disability in certain particular cases. (shrink)

Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. (...) The readings-by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin-examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory. (shrink)

There are many examples in the literature that suggest that indistinguishability is intransitive, despite the fact that the indistinguishability relation is typically taken to be an equivalence relation (and thus transitive). It is shown that if the uncertainty perception and the question of when an agent reports that two things are indistinguishable are both carefully modeled, the problems disappear, and indistinguishability can indeed be taken to be an equivalence relation. Moreover, this model also suggests a logic of vagueness that seems (...) to solve many of the problems related to vagueness discussed in the philosophical literature. In particular, it is shown here how the logic can handle the sorites paradox. (shrink)

In this paper, I argue that Humean theories of moral motivation appear preferable to Kantian approaches only if one assumes a broadly foundationalist conception of rational justification. Like foundationalist approaches to justification generally, Humean psychology aims to counter the regress-of-justification argument by positing a set of ultimate regress-stoppers-in this case, unmotivated desires. If the need for regress-stoppers of this type in the realm of practical deliberation is accepted, desires do indeed appear to be the most likely candidate. But if this (...) foundationalist strategy is rejected, there is no longer any reason to suppose that all motivation must be traceable to some extra-rational incentive. This clears the way for a rehabilitation of the Kantian claim that reasons for action can take the form of categorical imperatives. To illustrate this thesis, I show how a conception of practical rationality that incorporates a contextualist model of justification can be developed that treats social norms as reasons for action, without assigning any mediating role to agent desires. a theory of action of this type eliminates the gap between moral obligation and action, and so articulates the fundamental Kantian intuition that acting on the basis of moral principle-and with disregard for self-interest-is just one way of acting rationally. (shrink)

Henry Hansmann has claimed we have reached the “end of history” in corporate law, organized around the “widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders.” In this paper, I examine Hansmann’s own argument in support of this view, in order to draw out its implications for some of the traditional concerns of business ethicists about corporate social responsibility. The centerpiece of Hansmann’s argument is the claim that ownership of the firm is most naturally (...) exercised by the group able to achieve the lowest agency costs, and that homogeneity of interest within the ownership group is the most important factor in achieving lower costs. He defends this claim through a study of cooperatives, attempting to show that homogeneity is the source of the competitive advantage most often enjoyed by shareholders over other constituency groups, such as workers, suppliers and customers, when it comes to exercising control over the firm. Some business ethicists, impressed by this argument, have taken it to be a vindication of Milton Friedman’s claim that profit-maximization is the only “social responsibility” of management. I would like to suggest that this conclusion does not follow, and that the “Hansmann argument” lends itself to a less minimalist view, what I refer to as a “market failures” approach to business ethics. (shrink)

Donald Davidson's work has been of seminal importance in the development of analytic philosophy and his views on the nature of language, mind and action remain the starting point for many of the central debates in the analytic tradition. His ideas, however, are complex, often technical, and interconnected in ways that can make them difficult to understand. This introduction to Davidson's philosophy examines the full range of his writings to provide a clear succinct overview of his ideas. This book begins (...) with an account of the assumptions and structure of Davidson's philosophy of language, introducing his compositionalism, extensionalism and commitment to a Tarski-style theory of truth as the model for theories of meaning. It goes on to show how that philosophical framework is to be applied and how it challenges the traditional picture. Marc Joseph examines Davidson's influential work on action theory and events and discusses the commonly made charge that his theory of action and mind leaves the mental as a mere 'epiphenomenon' of the physical. The final section explores Davidson's philosophy of mind, some of its consequences for traditional views of subjectivity and objectivity and, more generally, the relation between minded beings and the physical and mental world they occupy. (shrink)

Joseph Margolis, known for his considerable contributions to the philosophy of art and aesthetics, pragmatism, and American philosophy, has focused primarily on the troublesome concepts of culture, history, language, agency, art, interpretation, and the human person or self. For Margolis, the signal problem has always been the same: how can we distinguish between physical nature and human culture? How do these realms relate? _The Cultural Space of the Arts and the Infelicities of Reductionism_ identifies a conceptual tendency that can (...) be drawn from the work of the twentieth century's best-known analytic philosophers of art: Arthur Danto, Richard Wollheim, Kendall Walton, Nelson Goodman, Monroe Beardsley, Noël Carroll, and Jerrold Levinson, among others. This trend threatens to impoverish our grasp and appreciation of the arts by failing to do justice to the culturally informed nature of the arts themselves. Through his analysis, Margolis sets out to retrieve an adequate picture of the essential differences between physical nature and human culture—particularly through language, history, meaning, significance, the emergence of the human self or person, and the essential features of human life—all to explain how such difference bears on our perception of paintings and literature. Clearly argued and provocatively engaging, Margolis's work reestablishes what is essential to a productive encounter with art. (shrink)

Few issues in business ethics are as polarizing as the practice of risk classification and underwrit­ ing in the insurance industry. Theorists who approach the issue from a background in economics often start from the assumption that policy-holders should be charged a rate that reflects the ex­ pected loss that they bring to the insurance scheme. Yet theorists who approach the question from a background in philosophy or civil rights law often begin with a presumption against socalled “actuarially fair” premiums (...) and in favor of “community rating,” in which everyone is charged the same price. This paper begins by examining and rejecting the three primary argu­ ments that have been given to show that actuarially fair premiums are unjust. It then considers the two primary arguments that have been offered by those who wish to defend the practice of risk classification. These arguments overshoot their target, by requiring a “freedom to under­ write” that is much greater than the level of freedom enjoyed in most other commercial transac­ tions. The paper concludes by presenting a defense of a more limited right to underwrite, one that grants the legitimacy of the central principle of risk classification, but permits specific deviations from that ideal when other important social goods are at stake. (shrink)

Disability activists have sometimes claimed their disability has actually increased their well-being. Some even say they would reject a cure to keep these gains. Yet, these same activists often simultaneously propose improvements to the quality and accessibility of assistive technology. However, for any argument favoring assistive over curative technology to work, there must be a coherent distinction between the two. This line is already vague and will become even less clear with the emergence of novel technologies. This paper asks and (...) tries to answer the question: what is it about the paradigmatic examples of curative and assistive technologies that make them paradigmatic and how can these defining features help us clarify the hard cases? This analysis will begin with an argument that, while the common views of this distinction adequately explain the paradigmatic cases, they fail to accurately pick out the relevant features of those technologies that make them paradigmatic and to provide adequate guidance for parsing the hard cases. Instead, it will be claimed that these categories of curative or assistive technologies are defined by the role the technologies play in establishing a person’s relational narrative identity as a member of one of two social groups: disabled people or non-disabled people. (shrink)

A defining characteristic of Alzheimer’s disease is difficulty in retrieving semantic memories, or memories encoding facts and knowledge. While it has been suggested that this impairment is caused by a degradation of the semantic store, the precise ways in which the semantic store is degraded are not well understood. Using a longitudinal corpus of semantic fluency data, we derive semantic network representations of patients with Alzheimer’s disease and of healthy controls. We contrast our network-based approach with analyzing fluency data with (...) the standard method of counting the total number of items and perseverations in fluency data. We find that the networks of Alzheimer’s patients are more connected and that those connections are more randomly distributed than the connections in networks of healthy individuals. These results suggest that the semantic memory impairment of Alzheimer’s patients can be modeled through the inclusion of spurious associations between unrelated concepts in the semantic store. We also find that information from our network analysis of fluency data improves prediction of patient diagnosis compared to traditional measures of the semantic fluency task. (shrink)

In 1960, E. P. Wigner, a joint winner of the 1963 Nobel Prize for Physics, published a paper titled On the Unreasonable Effectiveness of Mathematics in the Natural Sciences [61]. This paper can be construed as an examination and affirmation of Galileo's tenet that “The book of nature is written in the language of mathematics”. To this effect, Wigner presented a large number of examples that demonstrate the effectiveness of mathematics in accurately describing physical phenomena. Wigner viewed these examples as (...) illustrations of what he called the empirical law of epistemology, which asserts that the mathematical formulation of the laws of nature is both appropriate and accurate, and that mathematics is actually the correct language for formulating the laws of nature. At the same time, Wigner pointed out that the reasons for the success of mathematics in the natural sciences are not completely understood; in fact, he went as far as asserting that “… the enormous usefulness of mathematics in the natural sciences is something bordering on the mysterious and there is no rational explanation for it.”. (shrink)

In this volume, Joseph Catalano offers an in-depth exploration of Jean-Paul Sartre's four major philosophical writings: Being and Nothingness, Saint Genet: Actor and Martyr, The Critique of Dialectical Reason, and The Family Idiot. These works have been immensely influential, but they are long and difficult and thus challenging for both students and scholars. Catalano here demonstrates the interrelation of these four works, their internal logic, and how they provide insights into important but overlooked aspects of Sartre's thought, such as (...) the body, childhood, and evil. The book begins with Sartre's final work, The Family Idiot, and systematically works backward to Being and Nothingness. Catalano then repeats the study by advancing chronologically, beginning with Being and Nothingness and ending with The Family Idiot and an afterword on Flaubert's Madame Bovary. Readers will appreciate Catalano's subtle readings as well as the new insights that he brings to Sartre's oeuvre. (shrink)

Even though the concept of a 'validity claim' is central to Habermas's theory of communicative action, he has never given a precise definition of the term. He has stated only that truth is a type of validity claim, and that rightness and sincerity are analogous to truth. This paper explores the basis of this analogy, arguing that rightness and sincerity must share at least two characteristics with the truth predicate: each must be the designated value in an appropriate system of (...) logic, and each must serve as the 'central notion' in a theory of meaning for some corresponding class of speech acts. It is these two characteristics that establish the internal connec tion between understanding and justification that Habermas's more general project requires. However, there is an unnoticed tension between these two characteristics, since the relative autonomy of linguistic meaning from specific contexts of use appears to require that speech acts be governed by a uniform logic, and thus by a single validity claim. Key Words: communicative action • - Habermas • - pragmatics • - speech act theory • - truth • - validity claim. (shrink)

Three decades ago, planned obsolescence was a widely discussed ethical issue in marketing classrooms. Planned obsolescence is topical again today because an increasing emphasis on continuous product development promotes shorter durables replacement and disposal cycles with troublesome environmental consequences. This paper offers explanations of why product obsolescence is practiced and why it works. It then examines the ethical responsibilities of product developers and corporate strategists and their differing responses to this problem. Pro-environment product design and marketing practices and innovative government (...) policies may alleviate the problem over time. However, given the current lack of understanding about consumer replacement and disposal behavior, it is questionable as to whether these practices and policies will be sufficiently informed to be effective. Thus, marketing scholars have a significant opportunity to contribute to sustainable durables product development. (shrink)

One of the most troubling features of international trade is that it often involves exchange between individuals facing dramatically different life circumstances, who therefore derive different levels of benefit from the exchange. Most obviously, wages are extremely low in underdeveloped countries. However, the principle underlying these wages is the same as the one the dictates wage levels in wealthy countries. It is, therefore, difficult to criticize the wages paid to ?pauper labor? without at the same time criticizing the way that (...) capitalism functions as a whole. For those who would like to question aspects of globalization, without simply repeating the standard moralizing critique of capitalism, this poses particular difficulties. This paper offers some suggestions on how egalitarians can approach this issue. The central piece of conceptual apparatus introduced, in the service of this aim, is the distinction between a ?first-best?, a ?second-best?, and an ?nth best? set of normative principles. It is then suggested, first, that capitalism is acceptable to egalitarians only within a third-best framework, and second, that this low level of idealization imposes real constraints on how far one can go in criticizing trade practices at the global level. (shrink)

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

The Specter of Capital provides a searching historical analysis and critique of the role of classical and neoclassical economic theory in creating the economic conditions which produced the global financial crisis.

Discussion of the ethics of memory modification technologies has often focused on questions about the limits of their permissibility. In the current paper, I focus primarily on a different issue: when is it rational to prefer MMTs to alternative interventions? My conclusion is that these conditions are rare. The reason stems from considerations of autonomy. When compared with other interventions, MMTs do a particularly poor job at promoting the autonomy of their users. If this conclusion is true, moreover, it provides (...) a fresh perspective on debates about the permissibility of MMTs. On the one hand, for those who would limit the use of MMTs to a narrow range of circumstances, the conclusion that MMTs are rarely preferable gives them further reason to eye MMTs with suspicion. On the other hand, for those who view MMTs as permissible in a wide range of circumstances, the conclusion may deflate their endorsement. (shrink)

Kevin Sauvé has recently argued in this journal that David Gauthier's conception of ‘morals by agreement’ is inimical to the development of long-term productive investment and sustainable levels of resource exploitation. According to Sauvé, this is because society is confronted with an intergenerational interaction problem whose strategic equilibrium is suboptimal. However, unlike the ‘contemporaneous Prisoner's Dilemma’ that Gauthier analyzes, the intergenerational version cannot be solved by an appeal to constrained maximization. As a result, Sauvé claims, Gauthier cannot effectively address the (...) question of intergenerational justice.The portion of Sauvé's argument that concerns me is the following:Gauthier solves the contemporaneous Prisoner's Dilemma by ensuring that each person will cooperate only if all others cooperate, and indeed his conception of morality is aimed at ensuring that all individuals incur the costs as well as the benefits of social cooperation. But the contemporaneous solution cannot be applied to the Intergenerational Dilemma: if each generation will save for the next only if the previous generations have also saved, none will ever save. (shrink)

Using an apparatus in which two scalers register decays from a radioactive source, an observer located near one of the scalers attempted to convey a message to an observer located near the other one by choosing to look or to refrain from looking at his scaler. The results indicate that no message was conveyed. Doubt is thereby thrown upon the hypothesis that the reduction of the wave packet is due to the interaction of the physical apparatus with the psyche of (...) an observer.A. Einstein(1). (shrink)

Joseph Carens argues that Michael Walzer's account of the moral autonomy of political communities is not true to our shared understanding of justice. Drawing upon a wide range of cross‐cultural examples, he argues that our understanding of justice requires us sometimes to criticize institutions and policies of political communities that are culturally different to our own communities. Focusing on issues of gender and democracy, he also argues that the ‘we’ who make these judgements does not always correspond to the (...) members of a political community but can be either wider or narrower. (shrink)

Is God happy? In the tradition of classical theism, the answer has long been “Yes.” And, just as God is not merely powerful, but all-powerful, so too God is not merely happy, but all-happy or infinitely happy. Far from being empty praise, God’s happiness does important work, in particular, in explaining both human existence and human destiny. This essay is an attempt to give divine happiness the serious philosophical treatment it deserves. It turns out that, as with many divine traits, (...) ascribing all-happiness to God is not without potential problems. I raise and attempt to address what I take to be the most serious problem, which I call “The Subjective Problem of Evil.”. (shrink)