The controversy over the equivalence of continuous sedation until death (CSD) and physician-assisted suicide/euthanasia (PAS/E) provides an opportunity to focus on a significant extended use of CSD. This extension, suggested by the equivalence of PAS/E and CSD, is designed to promote additional patient autonomy at the end-of-life. Samuel LiPuma, in his article, “Continuous Sedation Until Death as Physician-Assisted Suicide/Euthanasia: A Conceptual Analysis” claims equivalence between CSD and death; his paper is seminal in the equivalency debate. Critics contend that sedation follows (...) proportionality protocols for which LiPuma’s thesis does not adequately account. Furthermore, sedation may not eliminate consciousness, and as such LiPuma’s contention that CSD is equivalent to neocortical death is suspect. We not only defend the equivalence thesis, but also expand it to include additional moral considerations. First, we explain the equivalence thesis. This is followed by a defense of the thesis against five criticisms. The third section critiques the current use of CSD. Finally, we offer two proposals that, if adopted, would broaden the use of PAS/E and CSD and thereby expand options at the end-of-life. (shrink)

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. (...) This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

Growing concern has been expressed that we have entered a “post-truth” era in which each of us willfully believes whatever we choose, aided and abetted by alternative and social media that spin alternative realities for boutique consumption. A prime example of the belief in alternative realities is said to be acceptance of “conspiracy theories”—a term that is often used as a pejorative to indict claims of conspiracy that are so obviously absurd that only the unhinged could believe them. The epistemological (...) standard often involved in this indictment, however—the standard of “obvious” falsity—invites subjectivity in its application, because what is obviously false to one person can be common sense to another. This is not just a truism; considerable research suggests that people’s political beliefs, in general, and their acceptance or rejection of conspiracy theories in particular, tends in large part to be determined by partisan, ideological, and other priors. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

The paper distinguishes between instrumental reasons and instrumental rationality. It argues that instrumental reasons are not reasons to take the means to our ends. It further argues that there is no distinct form of instrumental reasoning or of instrumental rationality. In part the argument proceeds through a sympathetic examination of suggestions made by M. Bratman, J. Broome, and J. Wallace, though the accounts of instrumental rationality offered by the last two are criticised.

The Practice of Value explores the nature of value and its relation to the social and historical conditions under which human agents live. At the core of the book are the Tanner Lectures delivered at Berkeley in 2001 by Joseph Raz, who has been one of the leading figures in moral and legal philosophy since the 1970's. Raz argues that values depend importantly on social practices, but that we can make sense of this dependence without falling back on cultural (...) relativism. In response, three eminent philosophers, Christine Korsgaard, Robert Pippin, and Bernard Williams, offer their own distinctive reflections on the connections between value and practice. The book begins with an introduction by Jay Wallace, setting the scene for what follows, and ends with a response from Raz to his commentators. The result is a fascinating debate, accessible to readers throughout and beyond philosophy, about the relations between human values and human life. (shrink)

H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford (...) he was anxious to dispel the philosophical mist which he found in both legal culture and legal theory. In recent years he has shown time and again how much the rejection of the moralizing myths which accumulated around the law is central to his whole outlook. His essays on “Bentham and the Demystification of the Law” and on “The Nightmare and the Noble Dream” showed him to be consciously sharing the Benthamite sense of the excessive veneration in which the law is held in Common Law countries, and its deleterious moral consequences. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident. (shrink)

The book is a contribution to the study of values, as they affect both our personal and our public life. It defends the view that values are necessarily universal, on the ground that that is a condition of their intelligibility. It does, however, reject most common conceptions of universality, like those embodied in the writings on human rights. It aims to reconcile the universality of value with the social dependence of value and the centrality to our life of deep attachments (...) to people and countries alike. Building from there, the book explores personal love, the value of life, and the fundamental duty of respect for people. (shrink)

Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...) preliminaries -- Postema on law's autonomy and public practical reasons : a critical comment. (shrink)

This Is A New Release Of The Original 1899 Edition.

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be contingent on social conditions, and in (...) particular on the nature of the international system. (shrink)

I will provisionally take the Guise of the Good thesis to consist of three propositions: (1) Intentional actions are actions performed for reasons, as those are seen by the agents. (2) Specifying the intention which makes an action intentional identifies central features of the reason(s) for which the action is performed. (3) Reasons for action are such reasons by being facts which establish that the action has some value. From these it is said to follow that (4) Intentional actions are (...) actions taken in, and because of, a belief that there is some good in them. I will examine reasons for, and objections to these theses, and offer a defence of a modified version of the thesis. (shrink)

This book collects 13 papers that explore Wittgenstein's philosophy throughout the different stages of his career. The author writes from the viewpoint of critical rationalism. The tone of his analysis is friendly and appreciative yet critical. Of these papers, seven are on the background to the philosophy of Wittgenstein. Five papers examine different aspects of it: one on the philosophy of young Wittgenstein, one on his transitional period, and the final three on the philosophy of mature Wittgenstein, chiefly his Philosophical (...) Investigations. The last of these papers, which serves as the concluding chapter, concerns the analytical school of philosophy that grew chiefly under its influence. Wittgenstein’s posthumous Philosophical Investigations ignores formal languages while retaining the view of metaphysics as meaningless -- declaring that all languages are metaphysics-free. It was very popular in the middle of the twentieth century. Now it is passé. Wittgenstein had hoped to dissolve all philosophical disputes, yet he generated a new kind of dispute. His claim to have improved the philosophy of life is awkward just because he prevented philosophical discussion from the ability to achieve that: he cut the branch on which he was sitting. This, according to the author, is the most serious critique of Wittgenstein. (shrink)

Human agents act for reasons that contribute to their good. However, in our explanation of why agents act for reasons that depend on what they value, we encounter the problem of situations in which goods are neither better than others nor are of equal value. The incommensurability of value can then be seen to lead to an incommensurability of reasons for action. Examining rationalist and classical conceptions of human agency, Raz uses the presence of incommensurability to understand how this affects (...) the relation between reasons and the will, and its effects on our practical reasoning and deliberation. A proper understanding of human agency will take for granted that the goodness of options are incommensurate and that explanations concerning what we want cannot solely be accomplished in terms of reasons. (shrink)

In this article, the authors examine the systemic nature of state violence and racial terror in the context of the Australian settler state and Indigenous deaths in custody. Drawing on Steve Martinot and Jared Sexton’s (2003) concept of a “double economy of terror,” the authors contend that police violence and Aboriginal deaths in custody must be read in terms of the standard operating procedures of a double economy of terror that ensures the institutional reproduction of the Australian settler colonial state. (...) Death in police custody, Perera and Pugliese argue, is coextensive with the larger governmental and administrative apparatuses of the colonial state. In the face of the settler state’s systemic ignorability of the ongoing racialized violence against Indigenous peoples, the authors conclude their paper opposing such a state with an Indigenous voice that refuses tacit acquiescence and that howls with rage at the mounting Aboriginal deaths in custody and rates of Indigenous imprisonment. (shrink)

What do appeals to case studies accomplish? Consider the dilemma: On the one hand, if the case is selected because it exemplifies the philosophical point, then it is not clear that the historical data hasn't been manipulated to fit the point. On the other hand, if one starts with a case study, it is not clear where to go from there—for it is unreasonable to generalize from one case or even two or three.

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

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)

Since the publication of Carl Hempel and Paul Oppenheim's ground-breaking work "Studies in the Logic of Explanation," the theory of explanation has remained a major topic in the philosophy of science. This valuable collection provides readers with the opportunity to study some of the classic essays on the theory of explanation along with the best examples of the most recent work being done on the topic. In addition to the original Hempel and Oppenheim paper, the volume includes Scriven's critical reaction (...) to it, Wilfrid Sellars's discussion of the problem of theoretical explanation, and pieces by Salmon, Railton, van Fraassen, Friedman, Kitcher, and Achinstein in which they demonstrate the vitality of the subject by extending the scope of the inquiry. (shrink)

It is more or less common ground that an important aspect of the explanation of normativity relates it to the way Reason (our rational powers), reasons (for beliefs, emotions, actions, etc.) and reasoning, with all its varieties and domains, are inter-connected. The relation of reasoning to reasons is the topic of this this paper. It does not start from a tabula rasa. It presupposes that normativity has to do with the ability to respond rationally to reasons, and with responding to (...) reasons with the use of our rational powers. The question is where does reasoning fit in? I will compare two sketchy accounts of reasoning, judging their success in elucidating the concept and its role in the explanation of normativity. First I outline the view that reasoning is an activity of searching for a justified answer or for a justification of the answer to a question. Some critical reflection on that view leads to what I call the simple account, which takes reasoning to consist (broadly speaking) in responsiveness to perceived reasons. I will illustrate ways in which the simple account is at odds with the concept of reasoning. Its merits depend on the thought that intentions, attempts or actions can be conclusions of reasoning. Those who affirm that possibility often regard reasoning that has such conclusions as practical reasoning. Hence much of the paper will be about practical reasoning. That would lead to a tentative endorsement of reasoning as a search for a justified answer, suggesting a different view of the place of reasoning in explaining normativity. (shrink)

The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the (...) grounds of duties to pay damages. (shrink)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

From his long years of experience as a local executive until he was ushered into the presidency, Duterte was able to master the masses’ longings. He understands what the public expects in a leader-- gathered from information he collected in unorthodox fashion. He plunges into the grassroots even (at times) resorting to disguises; and sometimes he maintains his own intelligence group that feeds him necessary information. The shock that he generates in all corners, factions, sectors and even countries would qualify (...) him (perhaps) to be the unnamed monster that can disrupt the realm of Philippine politics. But despite his monstrous image, quite surprisingly, Duterte remains popular and appealing to the electorate. This essay foregrounds the ambivalent monster that the Philippine president wittingly or unwittingly assumes; a monster that is ready to devour victims while protecting those he (supposedly) loves. The essay argues that Duterte is a monster that represents a rapture—a kind of abrupt transition. He represents a monster leader that does not care about the elite’s and traditional pundits’ definition of a leader. He represents a leader that is hindi-iba (sa masa) but at the same time iba sa marami (trapo/traditional politicians). (shrink)

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

My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.

An Indexed Synopsis of the Grammar of Assent by John J. Toohey. This book is a reproduction of the original book published in 1906 and may have some imperfections such as marks or hand-written notes.