This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, (...) and modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)

This article describes the mystery of a long lost codex of Archimedes that resurfaced briefly at the turn of the last century by Johan Ludwig Heiberg. Long enough for the Danish historian of mathematics Heiberg to identify, photograph and eventually transcribe “The Method” and several other works by Archimedes of considerable mathematical interest. In 1879 Heiberg completed his dissertation, Quaestiones Archimedeae, devoted to Archimedes’ life, works, and transmission of his texts.Este artículo describe el misterio de un códice de Arquímedes perdido (...) hace mucho tiempo que reapareció brevemente a principios del siglo pasado de la mano de Johan Ludwig Heiberg. Tiempo suficiente para que el historiador danés de las matemáticas Heiberg pudiese identificar, fotografiar y, finalmente, transcribir “El Método” y varias otras obras de Arquímedes de interés matemático considerable. En 1879 Heiberg completó su tesis doctoral, Quaestiones Archimedeae, dedicado a la vida de Arquímedes, las obras, y la transmisión de sus textos. (shrink)

Paul's letter to the Philippians, a dense and dynamic piece of rhetoric, is too often overlooked in Pauline interpretation. Careful, critical analysis of the argument in the letter as a whole, as well as its famous hymn, attunes the interpreter to the ethical and political dimensions of this important document.

Bracken synthesizes Polanyi’s notion of morphogentic field and Whitehead’s notion of societies of actual occasions. These comments emphasize the implications of the metaphors involved in these notions. The rnetaphor of plants growing in afield lies beyond the concept of a morphogenetic field, and the metaphor of a society of interacting persons lies behind the concept of a society of actual occasions. I suggest that one of the implications of this metaphor is that there is not, as Bracken argues, a problem (...) of continuity in Whitehead’s metaphysics of events. (shrink)

Reductionism and holism, that is, antireductionism, are two of the prevailing paradigms within the philosophy of biology. Reductionists strive to understand biological phenomena by reducing them to a series of levels of complexity with each lower level forming the foundation for the subsequent level, by mapping such biological phenomena inasmuch as possible to the principal phenomena within the fundamental sciences of chemistry and physics. In this way, complex phenomena can be reduced to assemblages of more elementary explananda. Holism, in counterpart, (...) claims that there independently exist phenomena arising from ordered levels of complexity that have intrinsic causal power and cannot be reduced in this way. When dealing with the nature of biology and its unique foundations of essentialism, determinism and ethics, the pedagogical lens through which these foundations are conveyed to learners could provide a limited perspective if only the reductive approach is followed as it would not sensitise learners to the true complexity of the phenomenon of life and the study thereof, and it is the purpose of this article to frame the reductionist–antireductionist debate in order to illustrate this.Contribution: This article contributes new knowledge to the field of the philosophy of science; more specifically, the philosophy of biology by critically evaluating the pervasive dialectic between the theoretical frameworks of reductionism and antireductionism and alluding to the pedagogical consequences thereof. (shrink)

An introduction to the Yijing (I Ching) 易經 or Classic/Scripture of Change : its nature, its history of interpretation, and its cultural influences. New York: Oxford University Press (forthcoming).

Professional associations, like the Academy of Management, exist to foster and promote scholarship, exchange among faculty, and an environment conducive to member professional ethics development. However, this last purpose of such organizations has received the least amount of attention. Moreover, previous research has demonstrated that there are differences in perceived needs for professional ethics development between tenured and untenured faculty. In the current research 260 Academy of Management members were surveyed. The research identified differences between tenured and untenured management faculty (...) with respect to expectations for the Academy of Management to provide ethics education and research with respect to the professional code of conduct. Implications of the findings are discussed from a developmental perspective. Directions for future research are provided. (shrink)

During the Middle Ages, philosophers and theologians argued over the extramental reality of universal forms or essences. In the early modern period, the relation between subjectivity and objectivity, the individual self and knowledge of the outside world, was a rich subject of debate. Today, there is considerable argument about the relation between spontaneity and determinism within the evolutionary process, whether a principle of spontaneous self-organization as well as natural selection is at work in the aggregation of molecules into cells and (...) the development of primitive forms of life into complex organisms. In _Subjectivity, Objectivity and Intersubjectivity_, Joseph A. Bracken proposes that what is ultimately at stake here is the age-old problem of the relationship between the One and the Many, universality and particularity on different levels of existence and activity within nature. Bracken rejects traditional models of this relationship, wherein either the One or the Many is presupposed to have priority over the other. He instead suggests that a new social ontology—one that is grounded in a theory of universal intersubjectivity—protects both the concrete particularity of individual entities in their specific relations to one another and their enduring corporate reality as a stable community or environment within Nature. What emerges is a bold reimagining of the sometimes strained relationship between religion and science. Bracken's clear writing, sophisticated philosophical analysis, and exemplary scholarship will lend this new work an enthusiastic appreciation by readers with deep interests in philosophy and philosophical theology. (shrink)

It is sometimes argued that medical professionals should protect a future child's rights by prohibiting disabled parents from using technology to deliberately have a disabled child because disability is taken as an inevitable, severe threat to a child's otherwise “open” future. I will first argue that the open future that allegedly protects a child's future autonomy is precluded by the very conditions needed to develop that future autonomy. Any child's future will be narrowed as they are socialized in a way (...) that gives them the capacity for autonomous choice. However, oppressive master narratives can diminish a future child's autonomy by distorting their narrative identity and constricting their agency. In fact, the open future argument does just this by advancing one of the most damaging master narratives about disability: that disability inevitably and severely restricts a person's autonomy and closes their future. (shrink)

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)

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)

This paper examines the need for static dispositions within the basic ontology of the powers view of properties. To lend some focus, Neil Williams’s well developed case for static dispositions is considered. While his arguments are not necessarily intended to address fundamental ontology, they still provide a useful starting point, a springboard for diving into the deeper metaphysical waters of the dispositionalist approach. Within that ontological context, this paper contends that Williams’s arguments fail to establish the need to posit static (...) dispositions, or at least any sort not already well appreciated by advocates of the powers view. The paper then proceeds to suggest an alternative motivation for positing static dispositions, the success of which depends greatly on which ontological approach to objects is paired with the powers view. (shrink)

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)

In taking properties to have powerful or dispositional essences, dispositionalism is primed to provide an account of causation. This paper lays out a challenge confronting the dispositionalist’s ability to account for how powers causally interact with one another so as to bring about collective results. The challenge, here labeled the “interaction gap,” is raised for two competing kinds of approaches to dispositional interaction: contribution combinationist and mutual manifestationist. After carefully highlighting and testing potential resources for closing the interaction gap, it (...) is concluded that the mutual manifestationist approach holds a significant advantage. In turn, the importance of the interaction gap itself is highlighted. While powers prime an ontology to yield an account of causation, how far that account can actually go depends on the metaphysical details of one’s view of powers and their causal interaction. (shrink)

Management Ethics: Integrity at Work redefines what it means for a manager to function with integrity in the private and public sectorsùdomestically and globally. It integrates the latest theoretical work in both descriptive and normative ethics, and incorporates legal, communication, quality, and organizational theories into a conceptual framework that improves managerial judgment in the handling of moral complexity at work. The authors use their organizational ethics consulting and academic research experience to provide practical assessment and decision-making tools that convert ethics (...) theories into sound action steps. The book examines three key dimensions of management integrityùjudgment, process, and developmental dimensionsùand applies them to individual chapters devoted to the subprocesses of ethical planning, organizing, leading, and controlling. The authors focus their theories and tools on 28 ethics minicases related to each management function in seven allied management application clusters: accounting, auditing management; finance, investment management; marketing, advertising management; business management, business law, human resource management; technology, quality operations, organizational behavior management; public, nonprofit, health care management; and international, environmental, public policy management. Management Ethics: Integrity at Work builds management integrity by linking and enhancing both ethics and management competence in responsible planning, organizing, leading, and controlling for use by professionals and students in the private and public sectorsùdomestically and globally. (shrink)

A bilingual translation of Zhu Xi's 朱熹 Yixue qimeng 易學啟蒙 (1186).

A translation of Zhu Xi's 朱熹 Zhouyi benyi 周易本義 (1188).

This dissertation is a study of the intersection of two monumental products and shapers of the Chinese tradition: the I-ching (Book of Change), which has influenced nearly all schools of Chinese thought for two millennia; and Chu Hsi (1130-1200), whose systematization of the Confucian tradition (known in the West as Neo-Confucianism) has dominated Chinese intellectual history until the present century. Focusing on Chu Hsi's theory of mind and his view of the ordinary person's need for concrete methods of self-cultivation, the (...) dissertation demonstrates how Chu Hsi's understanding of the I – its history, its contents, and it use in the practice of divination -- was fully integrated with his moral-metaphysics and his methodology of attaining Sagehood (the Neo-Confucian religious goal). In broader perspective, this is a study of the nature and limits of Confucian rationalism, the pragmatic character of Chinese philosophy, and the incorporation of a religious ritual (divination) into a philosophical system. Chapter I is an Introduction in two sections. The first is a survey of ancient Greek and modern theories of divination, establishing a comparative framework in which to analyze Chu Hsi's theory of divination. The second is a brief sketch of the two major schools of I-ching interpretation prior to Chu Hsi. Chapter II outlines the intellectual-historical context of Chu Hsi's approach to the I, concentrating on the complementary poles of his central problematic: cultural (the problem of the "transmission of the Way") and individual (the problem of mind). The "mind of the Sage" is discussed as a symbol of the unification of these poles. Chapter III is an examination of Chu's theory of I-ching interpretation, and the role of the mythic Sage Fu Hsi, who created the hexagrams and began the transmission of the Way, in Chu Hsi's system. Chapter IV concerns the practice of divination as a method of self-cultivation. It is proposed that Chu regarded I-ching divination – within certain limits -- as a method of detecting incipient changes in external events and in one's mind, thereby cultivating "moral responsiveness," or the ability to respond in a timely, intuitive, and correct way to change. Chapter V explores certain levels of symbolic meaning in the "philosophy of change" presupposed by hexagram divination. It is suggested that the human ability to transform oneself into a fully realized moral being, in responsive harmony with the natural world, is a Confucian way of grounding the self in the creative principle that constitutes the ontological foundation of the phenomenal world. (shrink)

Volume 20, Issue 3, March 2020, Page 44-46.

Both mainstream and disability bioethics sometimes contend that the self-assessment of disabled people about their own well-being is distorted by adaptive preferences that are only held because other, better options are unavailable. I will argue that both of the most common ways of understanding adaptive preferences—the autonomy-based account and the well-being account—would reject blanket claims that disabled people’s QOL self-assessment has been distorted, whether those claims come from mainstream bioethicists or from disability bioethicists. However, rejecting these generalizations for a more (...) nuanced view still has dramatic implications for the status quo in both health policy and clinical ethics. (shrink)

Professional associations, like the Academy of Management, exist to foster and promote scholarship, exchange among faculty, and an environment conducive to member professional ethics development. However, this last purpose of such organizations has received the least amount of attention. Moreover, previous research has demonstrated that there are differences in perceived needs for professional ethics development between tenured and untenured faculty. In the current research 260 Academy of Management members were surveyed. The research identified differences between tenured and untenured management faculty (...) with respect to expectations for the Academy of Management to provide ethics education and research with respect to the professional code of conduct. Implications of the findings are discussed from a developmental perspective. Directions for future research are provided. (shrink)

Foreword to Lewis Hyde and Max Gimblett, The Disappearing Ox (Port Townsend, WA: Copper Canyon Press).

Forthcoming in Jennifer Oldstone-Moore, ed., The Oxford Handbook of Confucianism (New York: Oxford University Press).

Alfred North Whitehead's master work, Process and Reality, is intended to extend the cosmological vision of Whitehead in a new direction. By interpreting societies within Whitehead's scheme as structured fields of activity, the author projects a universe of hierarchically ordered fields of activity, up to and including the all-compassing field of activity constituted by the Christian Trinity.

As a result of numerous, highly publicized, ethical breaches, firms and their agents are under ongoing scrutiny. In an attempt to improve both their image and their ethical performance, some firms have adopted ethical codes of conduct. Past research investigating the effects of ethical codes of conduct on behavior and ethical attitudes has yielded mixed results. In this study, we again take up the question of the effect of ethical codes on ethical attitudes and find strong evidence to suggest that (...) business professionals employed at firms with ethical codes of conduct are significantly less accepting of ethically questionable behavior toward most stakeholders. One notable exception relates to ethical actions toward customers. (shrink)

In academic philosophy and popular culture alike, pity is often framed as a virtue or the emotional underpinnings of virtue. Yet, people who are the most marginalized and, hence, most often on the receiving end of pity, assert that it is anything but an altruism. How can we explain this disconnect between an understanding of pity as a virtuous emotion versus a social harm? My paper answers this question by showing how pity is not only an emotion, but also a (...) power relation. Using the ideas of Sartre’s Anti-Semite and Jew, I explain how pity is understood as harmful by the one pitied because he is acutely aware of how it obscures his unequal power relation to the pitier and denies the pitier’s role in creating this domination. This is all done with an eye toward what I see as the quintessential class of people who are harmed by pity: people with disabilities. (shrink)

In this paper, I argue that, even when disability rights activists are most clearly acting as activists, they can advance the scholarly activity of disability bioethics. In particular, I will argue that even engaging in non-violent direct action, including civil disobedience, is an important way in which disability rights activists directly support the efforts of disability bioethics scholars. I will begin by drawing upon Hilde Lindemann’s work on relational narrative identity to describe how certain damaging master narratives about disability hinder (...) the uptake of arguments from disability bioethics. Then, I will argue that disability activism, especially non-violent direct action and civil disobedience, provides an effective counterstory to some of the worst of these master narratives, thereby laying the groundwork for the scholarly argument s of disability bioethicists to be given more serious consideration. Ultimately, I conclude that the field of bioethics is improved when it abandons the gross grained, generalizations about who disabled people are and how they act put forth by oppressive master narratives in favor of the more nuanced self-descriptions offered by the counterstories being offered by disabled people themselves. So it is that, by challenging these oppressive master narratives that constrain and distort the social meaning of disability, disability activism can improve mainstream bioethics. (shrink)

In “Bioethics and the Moral Authority of Experience,” Nelson et al. explore what they refer to as “The Paradox of Experience.” The authors characterize this paradox formally as follows:(A) Personal...

The Sulwan al-Muta' is an 800 year-old handbook for statesmen written by a Sicilian Arab who addressed this advice for a "just prince" based on Islamic morality, European realism and a broad-ranging knowledge of different cultures. The work is explicated using straight philosophical discourse as well as the narrative whirl of fables-within-fables so beloved of ancient and mediaeval Oriental literature. This is a work of practical political philosophy that combines penetrating contemporary analysis, the entertainment value of The Thousand and One (...) Nights , and the deep insight of Sun Tzu. (shrink)