Legal reasoning requires identification through search of authoritative legal texts that apply to a given legal question. In this paper, using a network representation of US Supreme Court opinions that integrates citation connectivity and topical similarity, we model the activity of law search as an organizing principle in the evolution of the corpus of legal texts. The network model and probabilistic search behavior generates a Pagerank-style ranking of the texts that in turn gives rise to a natural geometry of the (...) opinion corpus. This enables us to then measure the ways in which new judicial opinions affect the topography of the network and its future evolution. While we deploy it here on the US Supreme Court opinion corpus, there are obvious extensions to large evolving bodies of legal text. The model is a proxy for the way in which new opinions influence the search behavior of litigants and judges and thus affect the law. This type of “legal search effect” is a new legal consequence of research practice that has not been previously identified in jurisprudential thought and has never before been subject to empirical analysis. We quantitatively estimate the extent of this effect and find significant relationships between search-related network structures and propensity of future citation. This finding indicates that “search influence” is a pathway through which judicial opinions can affect future legal development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:PARODY AND THE ARGUMENT FROM PROBABILITY IN THE APOLOGY by Thomas J. Lewis Over a century ago James Riddell pointed out that Socrates' defense speech in die Apology closely followed the standard form of Athenian forensic rhetoric. He called the Apology "artistic to the core," and he identified parts of "the subde rhetoric of this defense."1 Since then many scholars have explicated the rhetorical elements in Socrates' defense.2 (...) Their work has led in turn to recent attempts to integrate the rhetorical form into an overall understanding of the meaning and significance of the Apology? The puzzle to be solved is what to make of the fact that Socrates disclaims the ability and the intention to use rhetoric in a speech which is itself a rhetorical masterpiece. R. E. Allen raises the possibility thatby using the techniques ofrhetoric and at the same time denying that he is using them Socrates is dissembling or lying. However, Allen rejects this possibility and interprets Socrates' falsehood as only a surface or apparent falsehood. According to Allen it is ironic parody of a disreputable rhetoric which seeks to convince without concern for the truth.4 For Allen the object of the parody is base rhetoric in general, the type of rhetoric denounced by Socrates in the Gorgias as "rhetoric aiming at gratification and pleasure, and indifferent to truth and the good of the soul."5 Two subsequent articles, one by Kenneth Seeskin, the other by Douglas Feaver andJohn Hare, support the view that Socrates is parodying the debased form of rhetoric. However, they place somewhat different emphasis on the exact object of the parody. They argue that the object of Socrates' rhetorical parody is Gorgias' Pahmedes, rather than pandering rhetoric in general.6 After summarizing the many rhetorical similarities between Gorgias' Palamedes and Socrates' defense speech, Seeskin concludes that "Gorgias' Philosophy and Literature, © 1990, 14: 359-366 360Philosophy and Literature Palamedes is not a masterpiece of world literature; it is a collection of topoi—tried and true devices for winning acquittal... [whereas] despite his disclaimer, Socrates' speech is no amateur performance. On the contrary, he knew all the tricks of the trade and employed them with consummate skill" (p. 97). Seeskin uses Plato's Gorgias to explain how Socrates' rhetoric fits within an overall understanding of the Apology. He notes the two types ofrhetoric presented in the Gorgias: base rhetoric, a species of flattery which aims at gratification; and philosophic or true rhetoric which aims at improving the soul. Then Seeskin makes a crucial point. He insists it is not enough to distinguish between base rhetoric and philosophic rhetoric; there must be a way to identify a given instance of rhetoric as either base rhetoric or as philosophic rhetoric. Moreover, he cautions that distinguishing the one from the other is no easy task. "It is impossible to tell them apart on the basis of technique alone. Base rhetoric is no less polished for its baseness.... Nor can one tell them apart on the basis of their stated goals. Flattery succeeds only to the extent that it can pass itself off as something better" (p. 98). Thus, if Socrates and Palamedes employ the same rhetorical devices, Seeskin wonders how we can tell which type ofrhetoric is in the Apology. "Somewhere in the Apology of Socrates there ought to be a clue which allows one to distinguish his defense from the 'standard' defense composed by Gorgias" (p. 99). Seeskin finds the clue in the exordium, where Socrates denies that he is a skillful speaker: "Unless, of course, by a skillful speaker they mean one who speaks the truth. If that is what they mean, I would agree that I am an orator, though not after their pattern" (17b). Although Palamedes makes a comparable claim, Seeskin argues that Palamedes was concerned with appearance rather than truth, and that the key to appearance is the use of the argument from probability. According to Seeskin, Socrates does not rely on the argument from probability, whereas this argument permeates the Palamedes. "Again and again, the speaker tries to show that it would be implausible to suppose that anyone in his position did what he is accused of doing. How... (shrink)

This book is the most comprehensive treatment available of one of the most urgent - and yet in some respects most neglected - problems in bioethics: decision-making for incompetents. Part I develops a general theory for making treatment and care decisions for patients who are not competent to decide for themselves. It provides an in-depth analysis of competence, articulates and defends a coherent set of principles to specify suitable surrogate decisionmakers and to guide their choices, examines the value of advance (...) directives, and investigates the role that considerations of cost ought to play in decisions concerning incompetents. Part II applies this theoretical framework to the distinctive problems of three important classes of individuals, many of whom are incompetent: minors, the elderly and psychiatric patients. The authors' approach combines a probing analysis of fundamental issues in ethical theory with a sensitive awareness of the concrete realities of health care institutions and the highly personal and individual character of difficult practical problems. Its broad scope will appeal to health professionals, moral philosophers and lawyers alike. (shrink)

This book, written by four internationally renowned bioethicists and first published in 2000, was the first systematic treatment of the fundamental ethical issues underlying the application of genetic technologies to human beings. Probing the implications of the remarkable advances in genetics, the authors ask how should these affect our understanding of distributive justice, equality of opportunity, the rights and obligations as parents, the meaning of disability, and the role of the concept of human nature in ethical theory and practice. The (...) book offers a historical context to contemporary debate over the use of these technologies by examining the eugenics movement of the late nineteenth and early twentieth centuries. The questions raised in this book will be of interest to any reflective reader concerned about science and society and the rapid development of biotechnology, as well as to professionals in such areas as philosophy, bioethics, medical ethics, health management, law, and political science. (shrink)

In Beyond Humanity a leading philosopher offers a powerful and controversial exploration of urgent ethical issues concerning human enhancement.

Steven Pinker has said that one of the most important questions humans can ask of themselves is whether moral progress has occurred or is likely to occur. Buchanan and Powell here address that question, in order to provide the first naturalistic, empirically-informed and analytically sophisticated theory of moral progress--explaining the capacities in the human brain that allow for it, the role of the environment, and how contingent and fragile moral progress can be.

This book, written by four internationally renowned bioethicists and first published in 2000, was the first systematic treatment of the fundamental ethical issues underlying the application of genetic technologies to human beings. Probing the implications of the remarkable advances in genetics, the authors ask how should these affect our understanding of distributive justice, equality of opportunity, the rights and obligations as parents, the meaning of disability, and the role of the concept of human nature in ethical theory and practice. The (...) book offers a historical context to contemporary debate over the use of these technologies by examining the eugenics movement of the late nineteenth and early twentieth centuries. The questions raised in this book will be of interest to any reflective reader concerned about science and society and the rapid development of biotechnology, as well as to professionals in such areas as philosophy, bioethics, medical ethics, health management, law, and political science. (shrink)

This is a systematic evaluation of the main arguments for and against the market as an instrument of social organization, balancing efficiency and justice. It links the distinctive approaches of philosophy and economics to this evaluation.

This important study, the first book-length treatment of an increasingly crucial topic, treats the moral issues of secession at two levels. At the practical level, Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable. He then applies it to historical and contemporary examples, including the U.S. Civil War and more recent events in Bangladesh, Katanga, and Biafra, the Baltic states, South Africa, and Quebec. This is the first systematic account of the conditions and terms (...) that justify secession from a political union.But Buchanan also locates this account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete understanding of political community and political obligation.At both levels this is an important book. It will interest not just political and social theorists but any reader concerned with one of the most momentous issues of our day: the future of troubled political federations and other states under conditions of ethnic and cultural pluralism. (shrink)

Much of the debate about the ethics of enhancement has proceeded according to two framing assumptions. The first is that although enhancement carries large social risks, the chief benefits of enhancement are to those who are enhanced (or their parents, in the case of enhancing the traits of children). The second is that, because we now understand the wrongs of state-driven eugenics, enhancements, at least in liberal societies, will be personal goods, chosen or not chosen in a market for enhancement (...) services. This article argues that both framing assumptions must be rejected, once it is understood that some enhancements— especially those that are most likely to garner resources and become widespread— will increase human productivity. Once one appreciates the productivity-increasing potential of enhancements, one can begin to see that enhancement need not be primarily a zero sum affair, that the social costs of forgoing enhancements may be great, and that the state may well take an interest in facilitating biomedical enhancements, just as it does in facilitating education and other productivity-increasing traditional enhancements. Appreciating the productivity-increasing potential of enhancements also makes it possible to view the enhancement debate in a new light, through the lens of the ethics of development. (shrink)

Early liberal theories about the feasibility of moral progress were premised on empirically ungrounded assumptions about human psychology and society. In this article, we develop a richer naturalistic account of the conditions under which one important form of moral progress–the emergence of more “inclusive” moralities–is likely to arise and be sustained. Drawing upon work in evolutionary psychology and social moral epistemology, we argue that “exclusivist” morality is the result of an adaptively plastic response that is sensitive to cues of out-group (...) threat that are detected during development. We conclude with a blueprint for reinforcing and extending inclusivist progress. (shrink)

The distinctive aim of applied ethics is to provide guidance as to how we ought to act, as individuals and as shapers of social policies. In this essay, I argue that applied ethics as currently practiced is inadequate and ought to be transformed to incorporate what I shall call social moral epistemology. This is a branch of social epistemology, the study of the social practices and institutions that promote the formation, preservation, and transmission of true beliefs. For example, social epistemologists (...) critically evaluate the comparative advantages of adversarial versus inquisitorial criminal proceedings as mechanisms for the discovery of truth. (shrink)

The Nobel prize-winning molecular biologist Walter Gilbert described the mapping and sequencing of the human genome as “the grail of molecular biology.” The implication, endorsed by enthusiasts for the new genetics, is that possessing a comprehensive knowledge of human genetics, like possessing the Holy Grail, will give us miraculous powers to heal the sick, and to reduce human suffering and disabilities. Indeed, the rhetoric invoked to garner public support for the Human Genome Project appears to appeal to the best of (...) the Western tradition's enthusiasm for progress: the idea of improving human lives through the practical application of scientific knowledge. (shrink)

Appeals to the idea of human nature are frequent in the voluminous literature on the ethics of enhancing human beings through biotechnology. Two chief concerns about the impact of enhancements on human nature have been voiced. The first is that enhancement may alter or destroy human nature. The second is that if enhancement alters or destroys human nature, this will undercut our ability to ascertain the good because, for us, the good is determined by our nature. The first concern assumes (...) that altering or destroying human nature is in itself a bad thing. The second concern assumes that human nature provides a standard without which we cannot make coherent, defensible judgments about what is good.I will argue (1) that there is nothing wrong, per se, with altering or destroying human nature, because, on a plausible understanding of what human nature is, it contains bad as well as good characteristics and there is no reason to believe that eliminating some of the bad would so imperil the good as to make the elimination of the bad impermissible, and (2) that altering or destroying human nature need not result in the loss of our ability to make judgments about the good, because we possess a conception of the good by which we can and do evaluate human nature. I will argue that appeals to human nature tend to obscure rather than illuminate the debate over the ethics of enhancement and can be eliminated in favor of more cogent considerations. (shrink)

What limitations on intervention in support of democratic revolutions does proper regard for the collective right of self-determination impose? Some have held that if intervention in support of democratic revolutions is justified, it must cease once the authoritarian regime has been deposed—that any effort by the intervener to use force to shape the new political order would violate the people’s right of self-determination. This essay argues that proper regard for self-determination is compatible with much more extensive interventions.

1. There is no dearth of objections to Rawls's A Theory of justice. Scores of articles and several books begin by praising the rigor and depth of Rawls's book — and end by concluding that it is thoroughly mistaken. In the present essay I will not add to the list of negative responses to A Theory of Justice. Instead I will attempt to reply to Rawls's critics in a way which makes a positive contribution to his theory.2. Among the many (...) objections that have been raised against Rawls's theory, two are of paramount importance. It is these two objections I shall attempt to meet. They may be formulated as follows. (shrink)

This essay articulates a crucial and neglected element of a general theory of the ethics of bureaucratic organizations, both private andpublic. The key to the approach developed here is the thesis that the distinctive ethical principles applicable to bureaucratic organizations are responses to the distinctive agency-risks that arise from the nature of bureaucratic organizations as complex webs of principal/agent relationships. It is argued that the most important and distinctive ethical principles for bureaucratic organizations express commitments on the part of bureaucrats (...) that function to reduce the agency risks that are inherent in such organizations. This approach to the ethics of bureaucratic organizations is shown to be more illuminating than those that concentrate exclusively or primarily on determining the conditions for corporate responsibility or on the idea that the ethical obligations distinctive of bureaucracies are role-derived. (shrink)

Abstract:Liberal thinkers of the Enlightenment understood that surplus moral constraints, imposed by invalid moral norms, are a serious limitation on liberty. They also recognized that overcoming surplus moral constraints — what we call proper de-moralization — is an important dimension of moral progress. Contemporary philosophical theorists of liberty have largely neglected the threat that surplus moral constraints pose to liberty and the importance of proper de-moralization for human emancipation. This essay examines the phenomena of surplus moral constraints and proper de-moralization, (...) utilizing insights from biological and cultural evolutionary thinking. (shrink)

Theorizing about the legitimacy of international institutions usually begins with a framing assumption according to which the legitimacy of the state is understood solely in terms of the relationship between the state and its citizens, without reference to the effects of state power on others. In contrast, this article argues that whether a state is legitimate vis-a-vis its own citizens depends upon whether its exercise of power respects the human rights of people in other states. The other main conclusions are (...) as follows. First, a state’s participation in international institutions can contribute to its legitimacy in several ways. Second, when international institutions contribute to the legitimacy of states, their doing so can contribute to their own legitimacy. Third, a theory of international legitimacy ought to recognize reciprocal legitimation between states and international institutions. (shrink)

The distinctive aim of applied ethics is to provide guidance as to how we ought to act, as individuals and as shapers of social policies. In this essay, I argue that applied ethics as currently practiced is inadequate and ought to be transformed to incorporate what I shall call social moral epistemology. This is a branch of social epistemology, the study of the social practices and institutions that promote the formation, preservation, and transmission of true beliefs. For example, social epistemologists (...) critically evaluate the comparative advantages of adversarial versus inquisitorial criminal proceedings as mechanisms for the discovery of truth. (shrink)

The concept of exploitation plays a key role in Marx's attack on capitalism. No one denies this. Yet there is much confusion as to just what Marx's concept of exploitation is.Recent discussions tend to fall into two groups. In the first are those which offer extensive analyses of Marx's concept of alienation, but seldom mention ‘exploitation’. When writers in this first group do mention ‘exploitation’ they mistakenly assume that the concept is transparent and unproblematic.The second group has little to say (...) about alienation, but does attempt an account of exploitation. These writers mistakenly confine Marx's concept of exploitation to the labor process itself. Both approaches fail to articulate important connections between alienation and exploitation. (shrink)

This chapter takes issue with a common argument linking democracy, understood as popular sovereignty, and rights to secession. Buchanan argues that the justifications for democracy and for recognizing a group's right to secede are quite distinct, and that a commitment to democracy is consistent with a constrained stance on secession.

Next SectionBiodefence, broadly understood as efforts to prevent or mitigate the damage of a bioterrorist attack, raises a number of ethical issues, from the allocation of scarce biomedical research and public health funds, to the use of coercion in quarantine and other containment measures in the event of an outbreak. In response to the US bioterrorist attacks following September 11, significant US policy decisions were made to spur scientific enquiry in the name of biodefence. These decisions led to a number (...) of critical institutional changes within the US federal government agencies governing scientific research. Subsequent science policy discussions have focused largely on ‘the dual use problem’: how to preserve the openness of scientific research while preventing research undertaken for the prevention or mitigation of biological threats from third parties. We join others in shifting the ethical debate over biodefence away from a simple framing of the problem as one of dual use, by demonstrating how a dual use framing distorts the debate about bioterrorism and truncates discussion of the moral issues. We offer an alternative framing rooted in social epistemology and institutional design theory, arguing that the ethical and policy debates regarding ‘dual use’ biomedical research ought to be reframed as a larger optimisation problem across a plurality of values including, among others: (1) the production of scientific knowledge; (2) the protection of human and animal subjects; (3) the promotion and protection of public health (national and global); (4) freedom of scientific enquiry; and (5) the constraint of government power. (shrink)

What does the prospect of being able to alter a human being's “natural assets” by genetic engineering imply for our understanding of the requirements of justice, and of equal opportunity in particular? Although their proponents are reluctant to admit it, some of the most prominent contemporary theories of justice yield a quite radical conclusion: If safe and effective intervention in the genetic “natural lottery” becomes feasible, there will be at least a strong prima facie case for doing so in the (...) name of equality of opportunity , if this is the most effective way to meet the demands of justice. (shrink)

There are several reasons for the current prominence of global health issues. Among the most important is the growing awareness that some risks to health are global in scope and can only be countered by global cooperation. In addition, human rights discourse and, more generally, the articulation of a coherent cosmopolitan ethical perspective that acknowledges the importance of all persons, regardless of where they live, provide a normative basis for taking global health seriously as a moral issue. In this paper (...) we begin the task of translating the vague commitment to doing something to improve global health into a coherent set of more determinate obligations. One chief conclusion of our inquiry is that the responsibilities of states regarding global health are both more determinate and more extensive than is usually assumed. We also argue, however, that institutional innovation will be needed to achieve a more comprehensive, fair distribution of concrete responsibilities regarding global health and to provide effective mechanisms for holding various state and nonstate actors accountable for fulfilling them. (shrink)

This volume examines comparatively the views and principles of seven prominent ethical traditions on one of the most pressing issues of modern politics - the making and unmaking of state and national boundaries. The traditions represented are Judaism, Christianity, Islam, natural law, Confucianism, liberalism and international law. Each contributor, an expert within one of these traditions, shows how that tradition can handle the five dominant methods of altering state and national boundaries: conquest, settlement, purchase, inheritance and secession. Written by a (...) distinguished group of international specialists this volume is unique in providing both in-depth normative and comparative perspectives on a troubling question that will offer readers real insight into inter-tradition conflict. Those readers will range from upper-level undergraduates to scholars in such fields as philosophy, political science, international relations and comparative religion. (shrink)

There is a puzzling disconnect between recent philosophical literature on equality and the modern theory and practice of human rights. This disconnect is puzzling because the modern human rights movement is arguably the most salient and powerful manifestation of the commitment to equality in our time. One likely source of this disconnect is the tendency of contributors to the philosophical literature on equality to focus on justice within the state, considered in isolation. This article begins the task of connection. Section (...) II outlines a philosophical conception of human rights, the Modest Objectivist View, according to which the list of human rights is grounded in descriptive and normative egalitarian assumptions about what is required to help ensure that every individual has the opportunity for a minimally good or decent human life. Next, I explore the resources of the Modest Objectivist View for rationally reconstructing the conventional conception of human rights. Section III examines challenges to the Modest Objectivist View’s egalitarian assumptions. Section IV explores the question of whether the minimal egalitarianism of the Modest Objectivist View is compatible with the more robust egalitarianisms advanced in recent philosophical literature. I conclude that the minimalist egalitarianism of human rights is compatible with more robust egalitarian principles, once we understand the distinctive function of human rights as standards of transnational justice. Key Words: basic interests • decent human life • egalitarianism • equality • minimally good life • Modest Objectivist View • minimalism • opportunity for a decent life • transnational justice. (shrink)

David DeGrazia's article provides a careful and fair rendition of my position on the possibility of post-persons. However, I am unconvinced that he has shown that such beings are possible. My view is based on two assumptions: (1) the concept of moral status is a threshold concept; and (2) the most plausible understanding of moral status as a threshold concept is a Kantian respect-based view, according to which all and only those beings who have the capacity to be accountable for (...) reasons have the high status we associate with persons. I argue that the superior beings DeGrazia describes would be more morally admirable than us, but would not have a higher moral status. I also argue that, contrary to DeGrazia, even the most intelligent of canines do not have the capacity for accountability for reasons, even in an attenuated form. I then argue that DeGrazia faces a painful dilemma: either he must give up the assumption that moral status (so far as persons are concerned) is a threshold concept and say that for any two beings with the capacity for accountability for reasons, the one with the greater capacity has a higher moral status; or he must retain the view that moral status is a threshold concept but concede that he has not account of where the threshold lies. (shrink)

This essay demonstrates that the management and contestability of power is central to Dewey's understanding of democracy and provides a middle ground between two opposite poles within democratic theory: Either the masses become the genuine danger to democratic governance (à la Lippmann) or elites are described as bent on controlling the masses (à la Wolin). Yet, the answer to managing the relationship between them and the demos is never forthcoming. I argue that Dewey's response to Lippmann for how we ought (...) to conceive of the relationship between citizens and elites if power is not to become arbitrary is located within a larger framework that avoids the problematic distinction Wolin draws between the demos and representative government. For Dewey, the legitimacy of decision-making, and, indeed, the security of freedom, is determined not merely by our actual involvement, but the extent to which non-participation does not preclude the future contestability of power. (shrink)

This paper will discuss the introduction of Restorative Approaches (RA) in schools, contextualising this within a discussion of international concerns about school safety, (in)discipline and school violence. It will explore questions about the compatibility of RA with zero tolerance and positive/assertive discipline approaches and the use of disciplinary exclusion in a ‘risk society’.

: The mandate of the U.S. Advisory Committee on Human Radiation Experiments required that the Committee take a position on the validity of retrospective moral judgments. However, throughout its period of operation, the Committee remained divided on the question of whether sound judgments of individual culpability and wrongdoing should be included in its Final Report. This essay examines the arguments that various committee members marshalled to support their opposing views on retrospective moral judgment and explains the significance of the controversy.