In this paper, I want to ascertain whether there is an interest-based moral position to claim in Confucian ethics. This is crucial to a further ascertainment of moral human rights in Confucianism, because a moral position to claim is a necessary condition to a moral right. Upon careful textual analysis of some of the passages in Mencius, I argued that such moral position to claim is implicit but actually available in Confucian ethics. In a review of the Punishment of the (...) Outcast in Mencius 1B:8, I argued that Mencius not only agrees that people should revolt against the despots, but also that their doing so signifies what Joel Feinberg calls “the activity of claiming.” In other words, it is Mencius’ point of view that when things come to a person’s vital interests, namely one’s own life in this case, it is morally justified for one to act thus claim on one’s interests. I conclude that while an interest-based moral position to claim is found present in Confucian ethics, this does not necessarily mean that a Confucian moral rights discourse is ready. While such position to claim is no doubt crucial to a ‘rights-engineering’ in Confucianethics, attempts to ascertain other elements of a moral right, namely a claim-against and a moral duty are required. (shrink)
Courage is a basic virtue to any heroic society. It is the defining virtue of the aristocratic warrior in the Iliad. It came with a set of other related virtues, all functioning in a social setting unique to that heroic era. However, as society evolved beyond the heroics of war to the civility of settled city–states, courage would be reviewed and redefined. In fact the whole virtue complex would undergo fundamental changes. Still later, when from out of the cities philosophers (...) rose, they would, in their commitment to a higher justice or righteousness than what the city had to offer to date, submit courage to a third critique and transformation. We see this in Greece; we may also see it in China. (shrink)
Many philosophers have discussed problems of additive aggregation across lives. In this article, I suggest that anti-additive aggregationist principles sometimes apply within lives, as well as between lives, and hence that we should reject a widely accepted conception of individual self-interest. The article has eight sections. Section I is introductory. Section II offers a general account of aggregation. Section III presents two examples of problems of additive aggregation across lives: Derek Parfit's Repugnant Conclusion, and my Lollipops for Life Case Section (...) IV suggests that many may have misdiagnosed the source and scope of anti-additive aggregationist considerations, due to the influence of Rawls's and Nozick's claims about the separateness of individuals. Accordingly, many leave Sidgwick's conception of self-interest—which incorporates an additive aggregationist approach to valuing individual lives—unchallenged. Section V suggests that the separateness of individuals may have led some to conflate the issues of compensation and moral balancing. Section VI argues that an additive aggregationist approach is often deeply implausible for determining the overall value of a life. Section VII discusses a Single Life Repugnant Conclusion, first considered by McTaggart. Section VIII concludes with a summary, and a brief indication of work remaining. (shrink)
Can a society be just if it ignores the plight of other societies? Does it matter whether those societies are contemporaries? Moral “purists” are likely to assume that the answer to these questions must be “no.” Relying on familiar claims about impartiality or universalizability, the purist is likely to assert that the dictates of justice have no bounds, that they extend with equal strength across space and time. On this view, if, for example, justice requires us to maximize the expectations (...) of the worst-off group in our society, it also requires us to maximize the expectations of the worst-off group in any society, at any time, so far as it is in our power to do so. Is such a position plausible? Is it more plausible than alternative positions? I am unsure about the answers to these questions, but both the questions, and the answers, are important. Clearly, the nature and extent of a just society's obligations will vary markedly depending on the scope of the correct principles of justice. (shrink)
This comprehensive introductory textbook to early Chinese philosophy covers a range of philosophical traditions which arose during the Spring and Autumn and Warring States periods in China, including Confucianism, Mohism, Daoism, and Legalism. It considers concepts, themes and argumentative methods of early Chinese philosophy and follows the development of some ideas in subsequent periods, including the introduction of Buddhism into China. The book examines key issues and debates in early Chinese philosophy, cross-influences between its traditions and interpretations by scholars up (...) to the present day. The discussion draws upon both primary texts and secondary sources, and there are suggestions for further reading. This will be an invaluable guide for all who are interested in the foundations of Chinese philosophy and its richness and continuing relevance. (shrink)
A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores the fact that (...) civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions. (shrink)
Every man, says Mencius, has within him this mind of commiseration, this pu-jen chih hsin that cannot bear to see another person suffer. To support his argument, Mencius cites the parable of the child about to fall into a well. A man with an innate mind of compassion unable to bear to see the child suffer would naturally feel the urge to run ahead to save the child . Yet elsewhere in Mencius 4A.17, it appears that had the potential victim (...) been a drowning sister-in-law, the man would also be momentarily checked by a fear of impropriety. Since the sense of propriety has its beginning in the mind as much as the sense of compassion, is not the mind of goodness somehow divided against itself? The present essay will examine this possible dilemma. (shrink)
Laudan constructs a fresh approach to a longtime problem for the philosopher of science: how to explain the simultaneous and widespread presence of both agreement and disagreement in science. Laudan critiques the logical empiricists and the post-positivists as he stresses the need for centrality and values and the interdependence of values, methods, and facts as prerequisites to solving the problems of consensus and dissent in science.
In this article, the researchers explore the following question. Can corporate social responsibility (CSR) and the corporate reputation of a firm lead to its brand equity in business-to-business (B2B) markets? This study discusses CSR from customers' viewpoints by taking the sample of industrial purchasers from Taiwan small-medium enterprises. The aims of this study are to investigate: first, the effects of CSR and corporate reputation on industrial brand equity; second, the effects of CSR, corporate reputation, and brand equity on brand performance; (...) and third, the mediating effects of corporate reputation and industrial brand equity on the relationship between CSR and brand performance. Empirical results support the study's hypotheses and indicate that CSR and corporate reputation have positive effects on industrial brand equity and brand performance. In addition, corporate reputation and industrial brand equity partially mediate the relationship between CSR and brand performance. (shrink)
This essay contains a partial exploration of some key concepts associated with the epistemology of realist philosophies of science. It shows that neither reference nor approximate truth will do the explanatory jobs that realists expect of them. Equally, several widely-held realist theses about the nature of inter-theoretic relations and scientific progress are scrutinized and found wanting. Finally, it is argued that the history of science, far from confirming scientific realism, decisively confutes several extant versions of avowedly 'naturalistic' forms of scientific (...) realism. (shrink)
It is proposed here that the Confucian li, norms of appropriate behavior, be understood as part of the dynamic process of moral self-cultivation. Within this framework li are multidimensional, as they have different functions at different stages in the cultivation process. This novel interpretation refocuses the issue regarding the flexibility of li, a topic that is still being debated by scholars. The significance of this proposal is not restricted to a new understanding of li. Key features of the various stages (...) of moral development in Confucian thought are also articulated. This account presents the picture of a Confucian paradigmatic person as critically self-aware and ethically sensitive. (shrink)
In this book Larry Temkin examines the concepts of equality and inequality, and addresses one particular question in depth: how can we judge between different sorts of inequality? When is one inequality worse than another? Temkin shows that there are many different factors underlying and influencing our egalitarian judgments and that the notion of inequality is surprisingly complex. He looks at inequality as applied to individuals and to groups, and at the standard measures of inequality employed by economists and (...) others, and considers whether inequality matters more in a poor society than a rich one. The arguments of non-egalitarians are also examined. Temkin's book presents a new way of thinking about equality and inequality which challenges the assumptions of philosophers, welfare economists, and others concerned with these notions on a practical as well as a theoretical level. (shrink)
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the (...) first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial. (shrink)
This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)
In this article, we present an account of ming 明 in the Zhuangzi's Neipian in light of the disagreements among the thinkers of the time. We suggest that ming is associated with the Daoist sage's vision: he sees through the debaters' attempts to win the debates. We propose that ming is primarily a meta-epistemological stance, that is, the sage understands the nature of the debates and does not enter the fray; therefore he does not share the thinkers' anxieties. The sage (...) takes his stance at the pivot of dao and, from there, responds to the different views limitlessly. (shrink)
The cicada catcher focuses as much on technique as he does on outcomes. In response to Confucius’ question, he articulates in detail the learning he has undertaken to develop techniques at each level of competence. This chapter explains the connection between the cicada catcher’s development of technique and his orientation toward outcomes. It uses details in this story to contribute to recent discussions in epistemology on the cultivation of technique.
By targeting and critiquing these assumptions, he lays the groundwork for a post-positivist philosophy of science that does not provide aid and comfort to the enemies of reason. This book consists of thirteen essays.
Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.
Temkin presents a new way of thinking about equality and inequality that challenges the assumptions of philosophers, welfare economists, and others, and has significant implications on both a practical and theoretical level.
Some Key Controversies in the Philosophy of Science Larry Laudan. the mouths of my realist, relativist, and positivist. (By contrast, there is at least one person who hews to the line I have my prag- matist defending.) But I have gone to some ...
In Daoist philosophy, the self is understood as an individual interdependent with others, and situated within a broader environment. Within this framework, the concept ziran is frequently understood in terms of naturalness or nature while wuwei is explained in terms of non-oppressive government. In many existing accounts, little is done to connect these two key Daoist concepts. Here, I suggest that wuwei and ziran are correlated, ethical, concepts. Together, they provide a unifying ethical framework for understanding the philosophy of the (...) Daodejing. I explore the meaning of ziran as self-so-ness or, in human terms, as pertaining to an individualâs spontaneity. The appropriate response to the spontaneity of individuals is to avoid, insofar as possible, imposing or using restrictive norms and methods, that is, wuwei. According to this view, ziran and wuwei offer an account of ethics that attends to core notions of interdependent selfhood, including mutuality, relationality, interdependence, symbiosis, and responsiveness. (shrink)
Are individuals responsible for the consequences of actions taken by their community? What about their community's inaction or its attitudes? In this innovative book, Larry May departs from the traditional Western view that moral responsibility is limited to the consequences of overt individual action. Drawing on the insights of Arendt, Jaspers, and Sartre, he argues that even when individuals are not direct participants, they share responsibility for various harms perpetrated by their communities.
In "Futurc Generations: Further Problems,"‘ and Part Four of Reasons and Persons} Derek Pariit raises many perplexing questions. Although some think his ingenious arguments little more than delightful puzzles, I believe they challenge some of our deepest beliefs. In this article, I examine some of Pariit’s arguments, focusing mainly on "The Mere Addition Paradox." If my analysis is correct, Parfit’s arguments have extremely interesting and important implications that not even Pariit rcalized. In Part I, I present ParHt’s argument for the (...) Merc Addition Paradox, and show that given Pa.rHt’s assumptions, a radical conclusion seems t0 follow; the notion of "bctter th2m"—indced, even the notion of "aH things.. (shrink)
In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International (...) Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations. (shrink)
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness (...) is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross. (shrink)
By examining fundamental Confucian concepts -- zhengming, ren, li, xiao, shu and dao -- the essay demonstrates that Confucian ways of thinking do not always fit neatly into categories such as 'moral' or rights'. The author provides a positive interpretation of certain Confucian ideas including: the concept of a person as a self- in- relation; the notion of responsibility as particularistic and dependent upon the kinds of relationships one has and the social positions one occupies; and the view of the (...) moral community as comprised by selves- in- relation who are reciprocally connected and who share similar ideals and forms of life. (shrink)
This essay focuses on the unity of several virtues in pre-Qin Confucians. Confucius maintains the proper application and coherence of such virtues as benevolence, wisdom, trustworthiness, straightforwardness, courage, and firmness. Further, Confucius takes benevolence and nobility as characteristic of human being. Particular attention is paid to the distinction and relationship between virtuous characters and virtuous actions.
In "Equality, Priority, and Compassion," Roger Crisp rejects both egalitarianism and prioritarianism. Crisp contends that our concern for those who are badly off is best accounted for by appealing to "a sufficiency principle" based -- indirectly, via the notion of an impartial spectator -- on compassion for those who are badly off" (p. 745). A key example of Crisp's is the Beverly Hills case (discussed below). This example is directed against prioritarianism, but it also threatens egalitarianism. In this article, I (...) respond to the Beverly Hills case. I also challenge the wide person-affecting principle and Crisp's welfarist restriction, which some believe underlie the Levelling Down Objection against egalitarianism. My aim in this article is to defend egalitarianism by illuminating both its nature and appeal. (shrink)
In this, the first major philosophical study of contingent pacifism, Larry May offers a new account of pacifism from within the Just War tradition. Written in a non-technical style, the book features real-life examples from contemporary wars and applies a variety of approaches ranging from traditional pacifism and human rights to international law and conscientious objection. May considers a variety of thinkers and theories, including Hugo Grotius, Kant, Socrates, Seneca on restraint, Tertullian on moral purity, Erasmus's arguments against just (...) war, and Hobbes's conception of public conscience. The guiding idea is that the possibility of a just war is conceded, but not at the current time or in the foreseeable future due to the nature of contemporary armed conflict and geopolitics - wars in the past are also unlikely to have been just wars. This volume will interest scholars and upper-level students of political philosophy, philosophy of law, and war studies. (shrink)
The Zhuangzi is noted for its advocacy of many different perspectives—chickens, cicadas, fish and the like. There is much debate in the literature about the implications of Zhuangzi’s pluralist inclinations. I suggest that Zhuangzi highlights the limitations of individual, perspectivally-constrained, knowledge claims. He also spurns the ‘view from nowhere’ and is sceptical about the possibility of an ideal observer. For him, wisdom consists in understanding the epistemological inadequacies of each perspective. I propose that Zhuangzi’s philosophy offers significant insights to an (...) increasingly globalized world characterized by a plurality of ethical and value commitments. It does not assume there will necessarily be universal agreement or a standardized answer. Most importantly, it is a position that seeks to augment self-understanding and enrich the self in dialogue with and response to others. (shrink)
Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes out (...) on its own, building a conception of complicity from an analysis of collective action and individual intention. The cornerstone of the analysis is the idea that individuals should be responsible for what they participate in, regardless of whether the participation makes a causal difference for the outcome. (shrink)
"... a comprehensive canvass of Dewey’s logic, metaphysics, aesthetics, philosophy of history, and social thought."—Choice "... a major addition to the recent accumulation of in-depth studies of Dewey." —Journal of Speculative Philosophy "Larry Hickman has done an exemplary job in demonstrating the relevance of John Dewey’s philosophy to modern-day discussions of technology."—Ethics.
Laudan constructs a fresh approach to a longtime problem for the philosopher of science: how to explain the simultaneous and widespread presence of both agreement and disagreement in science. Laudan critiques the logical empiricists and the post-positivists as he stresses the need for centrality and values and the interdependence of values, methods, and facts as prerequisites to solving the problems of consensus and dissent in science.