A survey of professional foresters in the northeastern United States was conducted to determine whether professional forest resource managers viewed forest ecosystem management and other "new" forestry language as representing practical constructs, and whether there is a difference between USDA Forest Service foresters and private-sector foresters in the degree to which they have applied "new" forestry. Results suggested that the forest management behaviors of most foresters in the region may be influenced more by traditional forestry concepts and language than by (...) "new" forestry. (shrink)

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. (...) The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

Can the right to private property be claimed as one of the ‘rights of mankind’? This is the central question of this examination of the subject of private property. This book contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. It provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The book contains original (...) analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The book's overriding determination throughout is to follow through the arguments and values used to justify private ownership. It finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

In _Nonsense upon Stilts¸_ first published in 1987, Waldron includes and discusses extracts from three classic critiques of the idea of natural rights embodied in the 1789 Declaration of the Rights of Man and the Citizen. Each text is prefaced by an historical introduction and an analysis of its main themes. The collection as a whole in introduced with an essay tracing the philosophical background to the three critiques as well as the eighteenth-century idea of natural rights which they (...) attacked. But the point of reproducing these works is not merely historical. Modern attacks on ‘rights-based’ political philosophy mirror the concerns of Bentham, Burke and Marx. Jeremy Waldron has therefore added an extensive concluding essay which relates these classic texts to the modern discussion of rights and re-examines the idea of rights in the light of contemporary critiques. This text provides an invaluable teaching tool for courses in politics and philosophy. (shrink)

This is a concise and profound book from one of the world's leading political and legal philosophers about a major theme, equality, and the proposition that humans are all one another's equals. Jeremy Waldron explores the implications of this fundamental tenet for law, politics, society and economy in the company of John Locke, whose work Waldron regards 'as well-worked-out a theory of basic equality as we have in the canon of political philosophy'. Throughout the text, which is based (...) on the Carlyle Lectures given in Oxford in 1999, Jeremy Waldron discusses contemporary approaches to equality and rival interpretations of Locke, and this dual agenda gives the whole an unusual degree of accessibility and intellectual excitement, of interest to philosophers, political theorists, lawyers and theologians around the world. (shrink)

This volume collects two lectures by Jeremy Waldron that were originally given as Berkeley Tanner Lectures along with responses to the lectures from Wai Chee Dimock, Don Herzog, and Michael Rosen; a reply to the responses by Waldron; and an introduction by Meir Dan-Cohen.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

This volume brings together a wide-ranging collection of the papers written by Jeremy Waldron, one of the most internationally respected political theorists writing today. The main focus of the collection is on substantive issues in modern political philosophy. The first six chapters deal with freedom, toleration and neutrality and argue for a robust conception of liberty. Waldron defends the idea that people have a right to act in ways others disapprove of, and that the state should be neutral (...) vis-á-vis religious and ethical systems. The chapters that follow are concerned with socio-economic rights. Waldron argues that poverty and homelessness are not to be understood apart from the value of freedom. On the contrary our moral response to them should be based on the same values that underlie traditional liberal philosophy. (shrink)

ABSTRACT This essay considers Mary Kate McGowan's contention that no account of hate speech is adequate if it does not explain how such speech constitutes harm to those targeted by it. ‘Constitutes’ is suppose dot mean something different than ‘causes.’ McGowan's suggestion that the speech enacts a norm offers an interesting dimension to our understanding of the harm of hate speech. But I argue that it is important to distinguish carefully between ‘norm-enactment’ and ‘norm-application’ in this model. Failure to attend (...) to that distinction blunts the force of the normative account. (shrink)

Jeremy Waldron; XV*—Participation: The Right of Rights, Proceedings of the Aristotelian Society, Volume 98, Issue 1, 1 June 1998, Pages 307–338, https://doi.org.

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

We write as Australian youth work educators. We consider some of the ethical challenges involved in teaching youth work ‘in a warm climate’, situated in the diaspora of English youth work but where youth work also has a uniquely Australian character, placing us in an ethically liminal space in our teaching between an understanding of youth work that is robustly defended as being both ‘good’ and ‘true’, and what we do, which is different from this, and has its own character (...) and strengths. We situate this in the policy history of youth work in Australia, particularly in the ‘neoliberal turn’ that this has taken in the last four decades which has created ethical challenges for us, just as it has for those elsewhere. Two guiding questions shape this paper. The first is, given our differences, what challenges do we face in maintaining connections with ‘good’ youth work and its value base as traditionally defined and defended in England, and relatedly, given that policy and funding regimes in the UK seem to be aligning more with an Australian model, is there anything that the youth work community in the UK can learn from the Australian experience? (shrink)

ABSTRACT Welfare states are often urged to secure a social minimum for citizens—a level of material well‐being beneath which no‐one should be permitted to fall. This paper examines the justification for such a claim. It begins by criticising John Rawls's rejection of the social minimum approach to justice in A Theory of Justice: the argument Rawls uses to justify the Difference Principle, based on what he calls ‘the strains of commitment’ in the ‘original position’, actually provides a better justification for (...) a social minimum principle. The paper then examines the substance of that argument outside the context of Rawls's contractarianism, showing that there is a general case for seeing to it that desperate need does not go unmet in a liberal society. (shrink)

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

The growth of autistic self-advocacy and the neurodiversity movement has brought about new ethical, theoretical and ideological debates within autism theory, research and practice. These debates have had genuine impact within some areas of autism research but their influence is less evident within early intervention research. In this paper, we argue that all autism intervention stakeholders need to understand and actively engage with the views of autistic people and with neurodiversity as a concept and movement. In so doing, intervention researchers (...) and practitioners are required to move away from a normative agenda and pay diligence to environmental goodness-of-fit, autistic developmental trajectories, internal drivers and experiences, and autistic prioritized intervention targets. Autism intervention researchers must respond to these debates by reframing effectiveness, developing tools to measure autistic prioritized outcomes, and forming partnerships with autistic people. There is a pressing need for increased reflection and articulation around how intervention practices align with a neurodiversity framework and greater emphasis within intervention programmes on natural developmental processes, coping strategies, autonomy, and well-being. (shrink)

Machine generated contents note: ContentsIntroduction: A Change of Heart1. What's behind Animal Advocacy? -- 2. The Love of a Dog: Of Pets and Puppy Mills, Mixed-Breeds and Shelters -- 3. The Animal on Your Plate: Farmers, Vegans, and Locavores -- 4. Where the Wild Things Ought to Be: Sanctuaries, Zoos, and Exotic Pets -- 5. From Object to Subject: Animals in Scientific Research -- 6. Clothing Ourselves in Stories of Love: Affect and Animal AdvocacyConclusion: Trouble in the PackAcknowledgments -- Notes (...) -- Bibliography -- Index. (shrink)

Employee attributions and emotional reactions to unethical behavior of top leaders in an organization recently involved in a highly publicized ethics scandal were examined. Participants (n = 76) from a large southern California government agency completed an ethical climate assessment. Secondary data analysis was performed on the written commentary to an open-ended question seeking employees' perceptions of the ethical climate. Employees attributed the organization's poor ethical leadership to a number of causes, including: lack of moral reasoning, breaches of trust, hypocrisy, (...) and poor ethical behavior role modeling. Emotional reactions to corruption included cynicism, optimism, pessimism, paranoia and fear, and were targeted at top leaders, organizational practices (i.e., the old boy network, nepotism, and cronyism) and ethics interventions. Implications for leadership training and other organizational ethics interventions are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 111-114 [Access article in PDF] Response to Elvira Panaiotidi, "The Nature of Paradigms and Paradigm Shifts in Music Education" Janice Waldron Michigan State University Elvira Panaiotidi makes a strong case that MEAE and praxialism represent, respectively, the poesis and praxis strands of the Aristotelian conception of art and that, consequently, one cannot conclude that the two accounts are ontologically incompatible. At (...) this point I wish only to respond to an implication which I believe may be present and discuss its relevance. That is that the search for ontological explanations has historically preceded (or at least should precede) the development of music education theory. A brief look at the historical record indicates that the development of music education theory seems to have been dominated by the search for axiological more than ontological explanations. Panaiotidi lists both aspects as integral parts of the theoretical kernel, however, the need to justify music education in terms of value has, at least in the United States, apparently preceded any search for meaning.Michael Mark recounts a report of the Boston School Committee in 1837, at which certain arguments of Aristotle were invoked in order to persuade the commitee of the value of music instruction.1 The entire transcript of that meeting amounts to a polemic about the value of music, resulting from its supposed effects on the spirit, character, or health, yet the record is devoid of any discussion of what might actually constitute music.2 Marie McCarthy describes how the search for aesthetic foundations over a century later was fostered by a need to "explain [music education's] importance in the curriculum."3 Of the scholars of this period, Abraham Schwadron in particular was quite explicit in articulating how his theory of aesthetics was motivated by what he considered an appalling inability for music educators to validate their field's existence.4This is not to imply that the authors of our current philosophies were not searching for or failed to provide strong ontological arguments for music education or to insist that they have always framed the question: What is valuable about music? as the question: What is music? in order to address these ideological [End Page 111] and political pressures. I am merely suggesting that the search for ontological explanations has generally followed the search for value. The historical pattern is one of reaction to various pressures, followed by the eventual development of an aesthetic philosophical framework which was intended, directly or indirectly, to respond to those pressures. The magnitude of such pressures to justify the place of music in the curriculum would seem to differentiate music education paradigms from those of the social sciences and humanities, of which, the author asserts, they are hybrids. Combined with the marked differences in social and political pressures which are found in various times and places in America, it would also account for the emotional tone of the debate, to which the author also alludes. Presumably, such emotion results not only from various scholars' attachments to their ontological beliefs, but from the practical consequences which occur when a theory is ultimately rejected or implemented at the classroom level, based on its perceived ability to define what is valuable in music education.Although this differentiation is subtle and does not detract from the strength of Panaiotidi's central argument, it has implications for the eventual implementation of any unitary theory. Specifically, if we accept that, ontologically speaking, praxialism and aestheticism are two sides of the same coin, it is likely that the argument will simply transform into an axiological question concerning which side is more valuable, a fact to which the author also alludes. Considering past evidence, the overriding concern for value justification may make implementing any unitary theory difficult, regardless of the benefits that could potentially be gained through such a "balanced music education." Consider, for example, that a unitary theory would be less susceptible to ideological use because of its breadth. In other fields such as literature or science, this would be a... (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

There is a massive and so far quite mysterious difference between thinking of cosmopolitan norms as law and thinking in legal terms about the norms of an ordinary municipal system. Until one has something more to say about the former, the idea of a cosmopolitan order remains unanalyzed. This book's notion of “democratic iteration” contributes a substantial amount of what is needed here, to resolve this obscurity. However, this chapter pursues that idea in a slightly different way from the way (...) in which the book pursues it. The outset of the author's lectures indicates that she has a particular interest in norms defining “crimes against humanity” and by extension human rights norms and what she calls “cosmopolitan norms of justice.” What distinguishes these from the more familiar rules of international law is that cosmopolitan norms offer rights and protections to, and impose obligations on, human individuals as such, not just states. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

What remains as an ongoing project, Weeks contends, is creating a theory of the constitution of subjects to account for the processes of social construction. This book presents one such account.

We examine the perceived importance of three organizational preconditions theorized to be critical for ethics program effectiveness. In addition, we examine the importance of ethical leadership and congruence between formal ethics codes and informal ethical norms in influencing employee perceptions. Participants from a large southern California government agency completed a survey on the perceived effectiveness of the organization’s ethics program. Results suggest that employee perceptions of organizational preconditions, ethical leadership and informal ethical norms were related to perceptions of ethics program (...) effectiveness. Based on these findings, organizations should evaluate the presence of essential preconditions and take steps to ensure that leaders model espoused organizational values to foster perceptions of effective ethics programs. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

When Philip Sidney defends poetry by defending the methods used by poets and lawyers alike, he relies on the traditional association between fiction and legal procedure--an association that begins with Aristotle. In this study Kathy Eden offers a new understanding of this tradition, from its origins in Aristotle's Poetics and De Anima, through its development in the psychological and rhetorical theory of late antiquity and the Middle Ages, to its culmination in the literary theory of the Renaissance. Originally published (...) in 1986. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Both community and property are, each in its own way, exclusionary concepts. Property — certainly private property — is defined in large part by a right of exclusion. And although "community" sounds like a warm, inclusive word, real-world communities often define themselves by reference to an array of excluded "others" and erect fences and patrol borders to keep these others out. Enthusiasm for these exclusions is made to seem legitimate by the thought that those excluded from my property probably have (...) somewhere else of their own to go to, and those excluded from our community probably also have a community of their own to live in. In fact, neither proposition is entirely justified. We know that in most economically developed countries there are large numbers of people who live as transients and are not welcome or rooted in any community. Their only places of refuge are the substantial patches of public property which society maintains for everyone’s use. But public places are not themselves unregulated, and often they are regulated according to norms of community and in response to communitarian pressures. If these communities are themselves exclusive in character, they tend to reproduce at the public property level the exclusions that manifest themselves at the private property level. This Article attempts to chart and analyze the deadly combination of exclusive community and exclusive property that these modes of regulation represent. (shrink)

The contemporary animal rights movement encompasses a wide range of sometimes-competing agendas from vegetarianism to animal liberation. For people for whom pets are family members—animal lovers outside the fray—extremist positions in which all human–animal interaction is suspect often discourage involvement in the movement to end cruelty to other beings. In _Loving Animals_, Kathy Rudy argues that in order to achieve such goals as ending animal testing and factory farming, activists need to be better attuned to the profound emotional, even (...) spiritual, attachment that many people have with the animals in their lives. Offering an alternative to both the acceptance of animal exploitation and radical animal liberation, Rudy shows that a deeper understanding of the nature of our feelings for and about animals can redefine the human–animal relationship in a positive way. Through extended interviews with people whose lives are intertwined with animals, analysis of the cultural representation of animals, and engaging personal accounts, she explores five realms in which humans use animals: as pets, for food, in entertainment, in scientific research, and for clothing. In each case she presents new methods of animal advocacy to reach a more balanced and sustainable relationship association built on reciprocity and connection. Using this intense emotional bond as her foundation, Rudy suggests that the nearly universal stories we tell of living with and loving animals will both broaden the support for animal advocacy and inspire the societal changes that will improve the lives of animals—and humans—everywhere. (shrink)

This book offers original readings of classic and contemporary black texts, highlighting the pain of racism and love-based strategies of antiracist resistance. Kathy Glass gives sustained attention to the impact of racist affect on the black body and how black women writers deploy emotional states to move readers to progressive political action.

Yoga is thousands of years old, but because of its current popularity, some people wrongly dismiss it as just another exercise fad made fashionable by celebrities. In fact, as author Kathy Phillips demonstrates in this large, beautifully illustrated book, yoga is a gentle but powerful means of achieving strength, flexibility, serenity, and a healthy balance between body and mind. Originating on the Indian subcontinent at the dawn of civilization, yoga is now accepted worldwide as an effective way to deal (...) with physical and emotional stress. The Spirit of Yoga is a sensible introduction for beginners, and a source of inspiration for current practitioners who would like to learn more. It explains differences among the various yoga disciplines, enabling readers to make a considered choice that best fits their needs. The author uses her experience as a yoga teacher to describe exercises and postures-also shown in color photos-that can promote physical health and body flexibility while inducing emotional tranquility. Yoga positions are suggested as effective remedies for physical ailments and for discomforts produced by everyday stress. The author's witty approach to her subject demystifies today's yoga hype while offering readers sound guidance and emphasizing the entirely real benefits they can derive from this honorable discipline. The book's foreword is by the international fashion model Christy Turlington. Hundreds of color photos and illustrations. (shrink)

One of the remarkable features of the turmoil surrounding the counting and recounting of votes in the State of Florida in the 2000 US Presidential Election was the frequency with which "the Rule of Law" was invoked. Whether the antagonists in Florida knew it or not, they are in fact aspects of a venerable heritage of contestation that comes down to us as part and parcel of the Rule-of-Law tradition. The fact that "the Rule of Law" has always evoked this (...) contestation has led some to surmise that an old article by a linguistic philosopher, W.B. Gallie, entitled, "Essentially Contested Concepts" might afford the most fruitful basis for approaching the analysis of the term. (shrink)