Argument mapping is a way of diagramming the logical structure of an argument to explicitly and concisely represent reasoning. The use of argument mapping in critical thinking instruction has increased dramatically in recent decades. This paper overviews the innovation and provides a procedural approach for new teaches wanting to use argument mapping in the classroom. A brief history of argument mapping is provided at the end of this paper.
I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)
Should we believe our controversial philosophical views? Recently, several authors have argued from broadly conciliationist premises that we should not. If they are right, we philosophers face a dilemma: If we believe our views, we are irrational. If we do not, we are not sincere in holding them. This paper offers a way out, proposing an attitude we can rationally take toward our views that can support sincerity of the appropriate sort. We should arrive at our views via a certain (...) sort of ‘insulated’ reasoning – that is, reasoning that involves setting aside certain higher-order worries, such as those provided by disagreement – when we investigate philosophical questions. (shrink)
In the early 1970s, we and others in the economics profession became enamored with the notion of externalties—a cost or benefit imposed on or provided to others but not taken into account by the economic agents who generate the effect. We, and others, seemed to see external effects everywhere. There was polluted water and air, noise, urban blight, traffic congestion, and other features of modern life that seemed to call out for some form of corrective action. As the externalities revolution (...) unfolded, economists and other social scientists overlooked the importance of evolved legal and other institutions that formally and informally establish property and liability rules that cause decision makers to face the cost of their actions, including what otherwise could be external costs imposed on unwilling third parties. While markets seemed always to fail, political institutions were seen systematically as without blemish, or so it seemed. It was this two-pronged failure, 1) a failure to consider and state assumptions about background institutional arrangements and 2) a disregard for special interest politics, that became the Achilles Heel of the otherwise elegant externality arguments. Eventually, it was the modern institutionalists, scholars who focused on laws, regulation, and rules of the marketplace, who attempted to close the lid and drive the nails on the externality coffin. In this paper, we reach back to 1920 and trace the rise and decline of the policy importance of externalities theory. Beginning with A. C. Pigou and Alfred Marshall, our story includes some of the great figures in economic history of thought. But while theory was being built, institutions were overlooked. Pigou continues to be a dominant player in the story until the 1960s and 1970s when externalities theory was challenged by James M. Buchanan, Ronald Coase and other scholars. It is here in the twilight years of the externalities revolution that the prospects of government failure are raised as being more daunting than the likelihood of market failure. Finally, in the late 1970s and beyond, the externalities revolution is replaced by a property rights revolution. (shrink)
Suppose you are on a commercial airplane that is flying at 35,000 feet. Next to you sits a man who appears to be sleeping. In fact, this man has been drugged and put upon the plane without his knowledge or consent. He has never flown on a plane before and, indeed, has no idea what an airplane is. Suddenly the man awakes and looks around him. Terrified by the alien environment in which he finds himself, he searches for a door (...) or window from which to make an escape. As luck would have it, he is seated right next to a window exit and he begins to pull the handle that will open the window. You are aware that opening the window exit at this altitude will cause the cabin to quickly depressurize and that this man, you, and probably several other passengers will be sucked out the window to your deaths. You desperately want to stop him from opening the window. Now assume that for some reason it is impossible to prevent him physically from performing the deadly act. Your only option is to rationally persuade him to leave the window exit alone. You cry out to him and, with both hands on the handles, he turns to face you and waits to hear what you have to say. What sort of argument would you make? (shrink)
Dimensions of the ethical work climate, as conceptualized by Victor and Cullen, are potentially important influences on individual ethical decision-making in the organizational context. The present study examined the direct and indirect effects of individuals' perceptions of work climate on their ethical judgments and behavioral intentions regarding an ethical dilemma. A national sample of marketers was surveyed in a scenario-based research study. The results indicated that, although perceived climate dimensions did not have a direct effect on behavioral intentions, there were (...) significant moderating effects. Climates perceived as emphasizing social responsibility and rules/codes moderated the individual ethical judgment-behavioral intentions relationship such that individuals were less likely to say that they would engage in a questionable selling practice even when they themselves did not believe the practice to be unethical. Respondents were somewhat more likely to form intentions consistent with their judgment that the questionable practice was morally acceptable when the ethical climate was characterized by an emphasis on team/friendship. (shrink)
The present study extends the study of individuals' ethical ideology withinthe context of marketing ethics issues. A national sample of marketing professionals participated. Respondents' ethical ideologies were classified as absolutists, situationists, exceptionists, or subjectivists using the Ethical Position Questionnaire (Forsyth, 1980). Respondents then answered questions about three ethically ambiguous situations common to marketing and sales. The results indicated that marketers' ethical judgments about the situations differed based on their ethical ideology, with absolutists rating the actions as most unethical. The findings (...) are consistent with those of two earlier studies that utilized samples of business students (Barnett et al., 1994, 1995). The results suggest that personal moral philosophy is an important influence on ethical decision making that should be considered in empirical studies of business ethics. The results also support the utility of the Ethical Position Questionnaire (Forsyth, 1980) as a means for researchers and practitioners to assess individuals' ethical ideology. (shrink)
According to the powerful qualities view, properties are both powerful and qualitative. Indeed, on this view the powerfulness of a property is identical to its qualitativity. Proponents claim that this view provides an attractive alternative to both the view that properties are pure powers and the view that they are pure qualities. It remains unclear, however, whether the claimed identity between powerfulness and qualitativity can be made coherent in a way that allows the powerful qualities view to constitute this sort (...) of alternative. I argue here that this can be done, given a particular conception of both the qualitativity and powerfulness of properties. On this conception, a property is qualitative just in the sense that its essence is fixed independently of any distinct properties, and it is powerful just if its essence grounds its dispositional role. (shrink)
Dimensions of the ethical work climate, as conceptualized by Victor and Cullen (1988), are potentially important influences on individual ethical decision-making in the organizational context. The present study examined the direct and indirect effects of individuals' perceptions of work climate on their ethical judgments and behavioral intentions regarding an ethical dilemma. A national sample of marketers was surveyed in a scenario-based research study. The results indicated that, although perceived climate dimensions did not have a direct effect on behavioral intentions, there (...) were significant moderating effects. Climates perceived as emphasizing social responsibility and rules/codes moderated the individual ethical judgment-behavioral intentions relationship such that individuals were less likely to say that they would engage in a questionable selling practice even when they themselves did not believe the practice to be unethical. Respondents were somewhat more likely to form intentions consistent with their judgment that the questionable practice was morally acceptable when the ethical climate was characterized by an emphasis on team/friendship. (shrink)
Ashley J. Bohrer argues that it is only by considering race, gender, sexuality, and ability within the structures of capitalism and imperialism that we can understand power relations. Bohrer explains how the purported incompatibilities between Marxism and intersectionality arise more from miscommunication than a fundamental conceptual antagonism.
It is often taken for granted that our desires can contribute to what it is rational for us to do. This paper examines an account of desire—the ‘guise of the good’— that promises an explanation of this datum. I argue that extant guise-of-the-good accounts fail to provide an adequate explanation of how a class of desires—basic desires— contributes to practical rationality. I develop an alternative guise-of-the-good account on which basic desires attune us to our reasons for action in virtue of (...) their biological function. This account emphasises the role of desire as part of our competence to recognise and respond to normative reasons. (shrink)
The story of Ashley, a nine-year-old from Seattle, has caused a good deal of controversy since it appeared in the Los Angeles Times on January 3, 2007.1 Ashley was born with a condition called static encephalopathy, a severe brain impairment that leaves her unable to walk, talk, eat, sit up, or roll over. According to her doctors, Ashley has reached, and will remain at, the developmental level of a three-month-old.
If the reliability of a source of testimony is open to question, it seems epistemically illegitimate to verify the source’s reliability by appealing to that source’s own testimony. Is this because it is illegitimate to trust a questionable source’s testimony on any matter whatsoever? Or is there a distinctive problem with appealing to the source’s testimony on the matter of that source’s own reliability? After distinguishing between two kinds of epistemically illegitimate circularity—bootstrapping and self-verification—I argue for a qualified version of (...) the claim that there is nothing especially illegitimate about using a questionable source to evaluate its own reliability. Instead, it is illegitimate to appeal to a questionable source’s testimony on any matter whatsoever, with the matter of the source’s own reliability serving only as a special case. (shrink)
On some accounts of vagueness, predicates like “is a heap” are tolerant. That is, their correct application tolerates sufficiently small changes in the objects to which they are applied. Of course, such views face the sorites paradox, and various solutions have been proposed. One proposed solution involves banning repeated appeals to tolerance, while affirming tolerance in any individual case. In effect, this solution rejects the reasoning of the sorites argument. This paper discusses a thorny problem afflicting this approach to vagueness. (...) In particular, it is shown that, on the foregoing view, whether an object is a heap will sometimes depend on factors extrinsic to that object, such as whether its components came from other heaps. More generally, the paper raises the issue of how to count heaps in a tolerance-friendly framework. (shrink)
On two standard views of vagueness, vagueness as to whether Harry is bald entails that nobody knows whether Harry is bald—either because vagueness is a type of missing truth, and so there is nothing to know, or because vagueness is a type of ignorance, and so even though there is a truth of the matter, nobody can know what that truth is. Vagueness as to whether Harry is bald does entail that nobody clearly knows that Harry is bald and that (...) nobody clearly knows that Harry is not bald. But it does not entail that nobody knows that Harry is bald or that nobody knows that Harry is not bald. Hence, the two standard views of vagueness are mistaken. (shrink)
Musical collaboration emerges from the complex interaction of environmental and informational constraints, including those of the instruments and the performance context. Music improvisation in particular is more like everyday interaction in that dynamics emerge spontaneously without a rehearsed score or script. We examined how the structure of the musical context affords and shapes interactions between improvising musicians. Six pairs of professional piano players improvised with two different backing tracks while we recorded both the music produced and the movements of their (...) heads, left arms, and right arms. The backing tracks varied in rhythmic and harmonic information, from a chord progression to a continuous drone. Differences in movement coordination and playing behavior were evaluated using the mathematical tools of complex dynamical systems, with the aim of uncovering the multiscale dynamics that characterize musical collaboration. Collectively, the findings indicated that each backing track afforded the emergence of different patterns of coordination with respect to how the musicians played together, how they moved together, as well as their experience collaborating with each other. Additionally, listeners’ experiences of the music when rating audio recordings of the improvised performances were related to the way the musicians coordinated both their playing behavior and their bodily movements. Accordingly, the study revealed how complex dynamical systems methods can capture the turn-taking dynamics that characterized both the social exchange of the music improvisation and the sounds of collaboration more generally. The study also demonstrated how musical improvisation provides a way of understanding how social interaction emerges from the structure of the behavioral task context. (shrink)
The ‘Ashley treatment’ has raised much ethical controversy. This article starts from the observation that this debate suffers from a lack of careful philosophical analysis which is essential for an ethical assessment. I focus on two central arguments in the debate, namely an argument defending the treatment based on quality of life and an argument against the treatment based on dignity and rights. My analysis raises doubts as to whether these arguments, as they stand in the debate, are philosophically (...) robust. I reconstruct what form good arguments for and against the treatment should take and which assumptions are needed to defend the according positions. Concerning quality of life, I argue that to make a discussion about quality of life possible, it needs to be clear which particular conception of the good life is employed. This has not been sufficiently clear in the debate. I fill this lacuna. Regarding rights and dignity, I show that there is a remarkable absence of references to general philosophical theories of rights and dignity in the debate about the Ashley treatment. Consequently, this argument against the treatment is not sufficiently developed. I clarify how such an argument should proceed. Such a detailed analysis of arguments is necessary to clear up some confusions and ambiguities in the debate and to shed light on the dilemma that caretakers of severely disabled children face. (shrink)
Although the condition known as synaesthesia is currently undergoing a scientific resurgence, to date the literature has largely focused on the heterogeneous nature of synaesthesia across individuals. In order to provide a better understanding of synaesthesia, however, general characteristics need to be investigated. Synaesthetic experiences are often described as occurring ‘internally’ or in the ‘mind’s eye’, which is remarkably similar to how we would describe our experience of visual mental imagery. We assessed the role of visual imagery in synaesthesia by (...) sampling a large group of synaesthetes and found that they report experiencing more vivid mental images than controls. These findings have important implications for our general understanding of synaesthesia and, in particular, emphasize the need to control for visual imagery in behavioural and neuroimaging paradigms. (shrink)
Milk, sand, plastic, uranium, wood, carbon, and oil are kinds of stuff. The sand in Hawaii, the uranium in North Korea, and the oil in Iraq are portions of stuff. Not everyone believes in portions of stuff.1 Those who do are likely to agree that, whatever their more specific natures, portions of stuff can at least be identified with mereological sums of their subportions.2 It seems after all trivial that a given portion of stuff just is all of its subportions (...) combined—not by a spatiotemporal or any other substantive unifying relation, but by a mere principle of summation, a principle requiring that, if some things exist, there exists the sum, or collection, of those things. (shrink)
The “scientiﬁc essentialist” doctrine asserts that the following are examples of a posteriori necessary identities: water is H2O; gold is the element with atomic number 79; and heat is the motion of molecules. Evidence in support of this assertion, however, is difﬁcult to ﬁnd. Both Hilary Putnam and Saul Kripke have argued convincingly for the existence of a posteriori necessities. Furthermore, Kripke has argued for the existence of a posteriori necessary identities in regard to a particular class of statements involving (...) proper names. Neither Kripke nor Putnam, however, has argued convincingly that sentences containing syntactically complex terms or descriptive phrases can express a posteriori necessary identities. I will argue by way of a hypothetical example that ‘water is H2O’ does not express a necessary identity. My argument is unique in that it attacks the relevant sufﬁciency claim needed to underwrite this putative necessary identity.1 That is, even if we grant that water is necessarily composed of H2O, we should not accept that H2O necessarily forms water. (shrink)
Camus published an essay entitled ‘Nietzsche and Nihilism,’ which was later incorporated into The Rebel . Camus' aim was to assess Nietzsche's response to the problem of nihilism. My aim is to do the same with Camus. The paper explores Camus' engagement with nihilism through its two major modalities: with respect to the individual and the question of suicide in The Myth of Sisyphus , and with respect to the collective and the question of murder in The Rebel . While (...) a Nietzschean influence thoroughly suffuses both books, it is in the second that Camus' most explicit, and most critical, engagement with the German philosopher takes place. The crux of Camus' critique of Nietzsche is that the absolute affirmation of existence he proposes as a response to nihilism cannot say ‘no’ to murder. In the terms of Camus' discussion in The Rebel , Nietzsche's philosophy is thus culpable in the straying of rebellion from its own foundations and its slide into bloody revolution. First, the paper argues that Camus' criticisms of Nietzsche are misplaced. Camus focuses his analysis on sections of the problematic text The Will to Power and misses important sections of Nietzsche's published texts which in fact support the condemnation of revolution which is the project of The Rebel . However, the paper argues that Camus moves beyond Nietzsche in radically democratizing the response to nihilism. While Nietzsche's hopes for the creation of meaning are focused on exceptional individuals, Camus insists that any response to nihilism needs to be accessible to the average person. Such a move is laudable, but it raises a number of questions and challenges regarding the type of problem nihilism is, and how these might be addressed. (shrink)
I aim to show that standard theories of counterfactuals are mistaken, not in detail, but in principle, and I aim to say what form a tenable theory must take. Standard theories entail a categorical interpretation of counterfactuals, on which to state that, if it were that A, it would be that C is to state something, not relative to any supposition or hypothesis, but categorically. On the rival suppositional interpretation, to state that, if it were that A, it would be (...) that C is to state that it would be that C relative to the supposition that it were that A. The two interpretations make incompatible predictions concerning the correct evaluation of counterfactuals. I argue that the suppositional interpretation makes the correct prediction. (shrink)
Roger White (2015) sketches an ingenious new solution to the problem of induction. He argues from the principle of indifference for the conclusion that the world is more likely to be induction- friendly than induction-unfriendly. But there is reason to be skeptical about the proposed indifference-based vindication of induction. It can be shown that, in the crucial test cases White concentrates on, the assumption of indifference renders induction no more accurate than random guessing. After discussing this result, the paper explains (...) why the indifference-based argument seemed so compelling, despite ultimately being unsound. (shrink)
The use of nonhuman animals as models in research and drug testing is a key route through which contemporary scientific knowledge is certified. Given ethical concerns, regulation of animal research promotes the use of less “sentient” animals. This paper draws on a documentary analysis of legal documents and qualitative interviews with Named Veterinary Surgeons and others at a commercial laboratory in the UK. Its key claim is that the concept of animal sentience is entangled with a particular imaginary of how (...) the general public or wider society views animals. We call this imaginary societal sentience. Against a backdrop of increasing ethnographic work on care encounters in the laboratory, this concept helps to stress the wider context within which such encounters take place. We conclude that societal sentience has potential purchase beyond the animal research field, in helping to highlight the affective dimension of public imaginaries and their ethical consequences. Researching and critiquing societal sentience, we argue, may ultimately have more impact on the fate of humans and nonhumans in the laboratory than focusing wholly on ethics as situated practice. (shrink)
This “current controversies” contribution describes the recent case of a severely disabled six year old girl who has been subjected to a range of medical interventions at the request of her parents and with the permission of a hospital clinical ethics committee. The interventions prescribed have become known as “the Ashley treatment” and involve the performance of invasive medical procedures (eg, hysterectomy) and oestrogen treatment. A central aim of the treatment is to restrict the growth of the child and (...) thus make it easier for her parents to care for her at home. The paper below discusses the main objections to the treatment. It concludes that the most serious concern raised by the case is that it may set a worrying precedent if the moral principle employed in justification of the treatment is applied again to endorse it in similar circumstances. Finally, it raises the possibility that that same moral principle may even be invoked to justify more radical interventions than those that were actually performed in the Ashley treatment. (shrink)
Prevailing opinion—defended by Jason Brennan and others—is that voting to change the outcome is irrational, since although the payoffs of tipping an election can be quite large, the probability of doing so is extraordinarily small. This paper argues that prevailing opinion is incorrect. Voting is shown to be rational so long as two conditions are satisfied: First, the average social benefit of electing the better candidate must be at least twice as great as the individual cost of voting, and second, (...) the chance of casting the decisive vote must be at least 1/N, where N stands for the number of citizens. It is argued that both of these conditions are often true in the real world. (shrink)
In this paper I argue that ethics and evidence are intricately intertwined within the clinical practice of differential diagnosis. Too often, when a disease is difficult to diagnose, a physician will dismiss it as being “not real” or “all in the patient’s head.” This is both an ethical and an evidential problem. In the paper my aim is two-fold. First, via the examination of two case studies (late-stage Lyme disease and Addison’s disease), I try to elucidate why this kind of (...) dismissal takes place. Then, I propose a potential solution to the problem. I argue that instead of dismissing a patient’s illness as “not real,” physicians ought to exercise a compassionate suspension of judgment when a diagnosis cannot be immediately made. I argue that suspending judgment has methodological, epistemic, and ethical virtues and therefore should always be preferred to patient dismissal in the clinical setting. (shrink)
The rise of technology in controlling and performing legal processes has created a new digital legality, signalling a transformation of law from an analog paper-based interpretative activity to an autonomous system governed by the rigidity and speed of code. This emerging digital legality converts life and living to data to be processed and catalogued. This process is exemplified and normalised within video games making them important cultural artefacts through which to identify the features and anxieties of digital legality. While video (...) games have so far gone unrepresented in cultural legal theory, this article uses the iconic video game franchise of Super Mario to unlock the emerging features and anxieties of digital legality as involving rigidity, speed and the normalisation of self as data. (shrink)
In Time Deposits, Dimension, and Fraud (2009), William Barnett and Walter Block argue that by borrowing short and lending long there is an over issuance of property rights. Their article, however, does not fully extend the consequences of their contribution. Once this is done, it becomes clearer that their argument suits a great impediment to banking, becoming a possible reason to support rather than to oppose fractional reserve banking. Bagus and Howden (J Bus Ethics 90(3):399–406, 2009) comment on (...) class='Hi'>Barnett and Block (J Bus Ethics 88(4):711–716, 2009), the authors claim that while maintaining the illegitimacy of fractional reserve deposits, borrowing short and lending long it is actually not illegitimate. An extension on Bagus and Howden (2009) will show that their line of argumentation can be applied as a defense of fractional reserve banking as well. (shrink)
In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.
This article traces the centrality of capitalism in the work of three decolonial feminists: María Lugones, Sylvia Wynter, and Sayek Valencia. Elaborating on the role of capitalism in each of their work separately, I argue that each of these thinkers conceptualizes capitalism in a novel and urgent way, charting new directions for both theory and social movement practice. I thus argue that the decolonial feminist tradition holds crucial philosophical and historical resources for understanding the emergence of capitalism and its endurance.
This paper is about how to aggregate outside opinion. If two experts are on one side of an issue, while three experts are on the other side, what should a non-expert believe? Certainly, the non-expert should take into account more than just the numbers. But which other factors are relevant, and why? According to the view developed here, one important factor is whether the experts should have been expected, in advance, to reach the same conclusion. When the agreement of two (...) (or of twenty) thinkers can be predicted with certainty in advance, their shared belief is worth only as much as one of their beliefs would be worth alone. This expectational model of belief dependence can be applied whether we think in terms of credences or in terms of all-or-nothing beliefs. (shrink)
Most large companies and many smaller ones have adopted ethics codes, but the evidence is mixed as to whether they have a positive impact on the behavior of employees. We suggest that one way that ethics codes could contribute to ethical behavior is by influencing the perceptions that employees have about the ethical values of organizations. We examine whether a group of sales professionals in organizations with ethics codes perceive that their organizational context is more supportive of ethical behavior than (...) sales professionals in companies without codes. After accounting for the effect of several covariates, our results indicated that sales professionals employed in organizations with codes of ethics perceived their work environments to have more positive ethical values than did other sales professionals. (shrink)