Professor Matthew Adler has argued that many constitutional rights are not personal moral rights, but that are pragmatic and instrumental in nature. 1 The reason rights are not personal, in Adlerthe constitutionality of a statute depends not just on how it affects someone, but on what it sayspersonal” legal disability that would set him apart from any other citizen, and is, therefore, not enforcing a personal right. Instead, Adler believes that constitutional rights are better understood as positive-law creations that allow (...) citizens to sue as private attorneys-general. (shrink)

(2008). The Connection Between Postformal Thought and Major Scientific Innovations. World Futures: Vol. 64, Postformal Thought and Hierarchical Complexity, pp. 503-512.

"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and (...) Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.... Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James. (shrink)

Recovering Reason: Essays in Honor of Thomas L. Pangle is a collection of essays composed by students and friends of Thomas L. Pangle to honor his seminal work and outstanding guidance in the study of political philosophy. These essays examine both Socrates' and modern political philosophers' attempts to answer the question of the right life for human beings, as those attempts are introduced and elaborated in the work of thinkers from Homer and Thucydides to Nietzsche and Charles Taylor.

ignette and autobiographical recall studies have often been used to test models of the appraisals associated with specific emotions. Recently, critiques of both methodologies have called into question the applicability of appraisal theory to naturally-occurring emotional responses. This study examined supporter's responses to Ross Perot's withdrawal from the 1992 presidential race to assess the extent to which appraisal models accurately capture responses to a naturally-occurring event. Supporters in Riverside County, California (N = 227) completed questionnaires concerning their interpretations of (...) the event, their initial emotional reactions, changes in their reactions in the weeks immediately following Perot's withdrawal, and their plans. Appraisal models correctly predicted the dimensions of agency and coping potential that served to differentiate sadness from anger, and the appraisals and plans associated with hope. Appraisal models did not predict the strong focus of sad supporters on their past goals and beliefs, and the plans associated with sadness and anger. Changes in emotional intensity occurred as a function of changes in goals and plans rather than merely as a function of time. These findings demonstrate the applicability of appraisal theory to naturally-occurring emotional responses, but also show that models may understate the complexity of the planning processes associated with emotions. (shrink)

Every Thing Must Go aruges that the only kind of metaphysics that can contribute to objective knowledge is one based specifically on contemporary science as it ...

While most business ethics texts focus exclusively on individual decision making--what should an individual do--this resource presents the whole business ethics story. Highly realistic, readable, and down-to-earth, it moves from the individual to the managerial to the organizational level, focusing on business ethics in an organizational context to promote an understanding of complex influences on behavior. The new Fifth Edition is the perfect text for students entering the workplace, those seeking to become professionals in training, communications, compliance, in addition to (...) chief ethics officers, corporate counsel, heads of human resources, and senior executives. (shrink)

This paper elaborates on the idea of the epistemology of ignorance developed in Charles Mills’s work beginning in the 1980s and continuing throughout his writings. I I argue that his account developed initially from experiences of racism in north America as well as certain methods of organizing within parts of the Caribbean left. Essentially the epistemic practice of ignorance causes knowers to discredit or push away knowledge they in fact have. But this gives us cause for hope, for restoring existing (...) knowledge through changing ideas about who knows. (shrink)

By now one might hope that the robust body of theoretical work recently published on immigration ethics would have taken general political philosophy a long way from the prevailing Rawlsian-style insularity premise, according to which society is “a closed system isolated from other societies” into which persons “enter only by birth and exit only by death.” But there are still a great many political theorists whose focus is unreflectively endogenous and who assume away questions of states’ constitutive scope and boundaries. (...) One of the signal merits of David Miller's new book,Strangers in Our Midst, is that it lucidly demonstrates why ignoring state boundary constitution is untenable for political theory. Miller shows that foundational debates in political philosophy are inescapably related, both as premise and entailment, to many normative immigration questions. (shrink)

Wrong beliefs, known by some as ‘alternative facts’, have proliferated lately in important areas of human life, including social, political, and public health domains. This can be and has been damaging. This brief article proposes an epistemological category classification of these wrong beliefs, with the following mappings: a) ‘No-Information’ marked by willful blindness produces ‘Empty Beliefs’; b) ‘Mis-Information’ yields ‘Mis(taken) Beliefs’; and c) ‘Dis-Information’ predicated on blatant distortions produces ‘Dis(torted) Beliefs’. This simple classification system, is perhaps epistemologically satisfying, and moreover (...) could have positive policy implications. (shrink)

This paper deals with a collection of concerns that, over a period of time, led the author away from the Routley–Meyer semantics, and towards proof- theoretic approaches to relevant logics, and indeed to the weak relevant logic MC of meaning containment.

Philosophical interest in disability is rapidly expanding. Philosophers are beginning to grasp the complexity of disability--as a category, with respect to well-being and as a marker of identity. However, the philosophical literature on justice and human rights has often been limited in scope and somewhat abstract. Not enough sustained attention has been paid to the concrete claims made by people with disabilities, concerning their human rights, their legal entitlements and their access to important goods, services and resources. This book discusses (...) how effectively philosophical approaches to distributive justice and human rights can support these concrete claims. It argues that these approaches often fail to lend clear support to common disability demands, revealing both the limitations of existing philosophical theories and the inflated nature of some of these demands. Moving beyond entitlements, the author also develops a unique conception of dignity, which she argues illuminates the specific indignities experienced by people with disabilities in the allocation of goods, in the common experience of discrimination and in a wide range of interpersonal interactions. Disability with Dignity offers an accessible and extended philosophical discussion of disability, justice and human rights. It provides a comprehensive assessment of the benefits and pitfalls of theories of human rights and justice for advancing justice for the disabled. It brings the moral importance of dignity to the centre, arguing that justice must be pursued in a way that preserves and promotes the dignity of people with disabilities. (shrink)

Abstract‘Cultural racism’ is central to understanding racism today yet has receded into the background behind the focus on attitudinal racism. Even the turn to structural racism is largely circumscribed to inclusion without substantive challenge to existing processes or profit margins. When portions of the racist public are targeted, it is often the least elite members of society. Without question, the concept of cultural racism requires some clarification, but it will help bring the continued influence of colonialism forward and reveal the (...) alibis given in mainstream and elite circles that justify exclusion, resource extraction, and domination. (shrink)

This paper will develop a set of concerns about a central feature of Ásta's account of social categories that she calls “conferralism.” I argue that generalist approaches to social categories such as Ásta provides are inadequate as a way of understanding the diverse formations of diverse categories, and that conferralism overemphasizes the power of top-down forces (what she calls “persons with standing”) to confer social identities. This approach then underplays the horizontal and bottom-up influences on category formation as well as (...) the historical formation of many social identities, especially ethnicity and race. Conferralism sets aside not only physical differences that play a role in some categories but also group-related historical experiences and practices that produce the “base properties” that justify the use of social identity categories. (shrink)

The global coronavirus disease 2019 (COVID-19) pandemic has caused significant uncertainty for students and teachers. During this time, teacher and student creative beliefs and affect play a supportive role in adaptively managing stress, finding joy, and bouncing back from inevitable setbacks with resilience. Developing an adaptive orientation to creativity is a critically important step in helping teachers deal with the challenges and stress of reaching their students through distance learning, especially the most marginalized. This study aims to understand how teacher (...) creativity linked to well-being in the face of COVID-19-related school shutdowns and how teachers planned to adapt creatively to distance learning through the guidance of a summer creative teaching training institute. Results from this sequential mixed method study demonstrated important relationships. Creative self-efficacy in teaching related to teacher buoyancy in the face of setbacks. Creative growth mindset related to teachers’ general positive affect in teaching. Lowered creative anxiety related to reduced effects of secondary traumatic stress and general negative affect in teaching. Environmental support and encouragement for creativity in schools may be foundational for teacher well-being by enhancing teachers’ dispositional joy, general positive affect, and reducing general negative affect. Results suggested additional stress and loss of creativity for most teachers due to the COVID-19 pandemic alongside substantial capacity for creative adaptations with the support of training for creativity in teaching and learning. (shrink)

Philosophers and bioethicists are typically sceptical about invocations of dignity in ethical debates. Many believe that dignity is essentially devoid of meaning: either a mere rhetorical gesture used in the absence of good argument or a faddish term for existing values like autonomy and respect. On the other hand, the patient experience of dignity is a substantial area of research in healthcare fields like nursing and palliative care. In this paper, it is argued that philosophers have much to learn from (...) the concrete patient experiences described in healthcare literature. Dignity is conferred on people when they are treated as having equal status, something the sick and frail are often denied in healthcare settings. The importance of equal status as a unique value has been forcefully argued and widely recognised in political philosophy in the last 15 years. This paper brings medical ethics up to date with philosophical discussion about the value of equal status by developing an equal status conception of dignity. (shrink)

The attention for Moral case deliberation has increased over the past years. Previous research on MCD is often written from the perspective of MCD experts or MCD participants and we lack a more distant view to the role of MCD in Dutch health care institutions in general. The purpose of this paper is to provide an overview of the state of the art concerning MCD in the Netherlands. As part of a larger national study on clinical ethics support in the (...) Netherlands, we will focus on the prevalence and characteristics of MCD in Dutch health. A mixed methods design was used in which we combined two survey questionnaires, two focus groups and 17 individual interviews with top managers or ethics support staff. The findings demonstrate that the prevalence of MCD is relatively high in Dutch health care, especially in mental health care. Institutions with MCD differ from institutions without MCD concerning size, kind of problems and importance of ideological background. Characteristic of MCD is that it often exists for 3 years or more, has a high participation of health professionals and middle managers and is both organized scheduled as unscheduled. As well integration in existing policy as key persons emerge as important issues in relation to the positioning of MCD. We conclude that MCD is a part of an integrated ethics policy and serves as a catalyst for such an integrated ethics policy. (shrink)

In this paper I examine whether the Humean denial of necessary connections between wholly distinct contingent existents poses problems for a theory of tropes. In section one I consider the substance‐attribute theory of tropes. I distinguish first between three versions of the non‐transferability of a trope from the substratum in which it inheres and then between two versions of the denial of necessary connections. I show that the most plausible combination of these views is consistent. In section two I consider (...) an objection to the bundle theory using the Humean doctrine that is advanced by Armstrong, and argue that it is unconvincing. In section three I return to the version of non‐transferability that would cause obvious trouble for a substance‐attribute theory, and less obvious trouble for a bundle theory. I argue that there is independent reason to reject this principle since, given a perdurantist metaphysic, it does not in fact secure what appeared to be its only benefit: namely that it allows tropes to act as truthmakers. I conclude that there is no objection to trope theory per se on the grounds that it brings commitment to necessary connections. (shrink)

In 1994, the Committee on Assessing Genetic Risks of the Institute of Medicine published their recommendations regarding the ethical issues raised by advances in genetics. One of the Committee's recommendation was to inform women when test results revealed misattributed paternity, but not to disclose this information to the women's partners. The Committee's reason for withholding such information was that “'genetic testing should not be used in ways that disrupt families”. In this paper, I argue that the Committee's conclusion in favour (...) of nondisclosure to the male partner is unethical. I argue that both parties ought to be informed. (shrink)

In this entry, we outline the ways in which evolutionary theory has implications for the objectivity of morality.

Individuals with ‘severe’ cognitive disabilities are primarily discussed in philosophy and bioethics to determine their moral status. In this paper it is argued that theories of moral status have limited relevance to the unjust ways in which people with cognitive disabilities are routinely treated in the actual world, which largely concerns their relegation to an inferior social status. I discuss three possible relationships between moral and social status, demonstrating that determinate answers about the moral status of individuals with ‘severe’ cognitive (...) disabilities are neither necessary nor sufficient for defending the imperative that they be treated as our social equals. (shrink)

Today''s business students have grown up in a society where distinctions between right and wrong have become blurred and where unethical behavior is observed and even expected in high-profile leaders. Especially troubling is the impression educators have that many students no longer view cheating as morally wrong (Pavela and McCabe, 1993). By contrast, the general public is demanding higher ethics of businesspeople. In this environment, educators are challenged to instill ethical norms in business students, especially when recent research indicates that (...) students intending to enter business fields are more likely than any other group of students to engage in cheating and other forms of academic dishonesty (McCabe and Trevino, 1995). One of the major future roles of accounting students depends on their honesty, however. For audits to have economic value, the auditors must be perceived by the public as acting with independence, integrity, and objectivity. Public accountants have adopted a Code of Professional Conduct in order to protect the integrity of the profession. In an effort to teach accounting students the importance of ethical professional conduct, the author has developed a class project wherein groups of students write proposals for a student honor code at Niagara University. (shrink)

Many philosophers and psychologists have thought that people untutored in philosophy are moral realists. On this view, when people make moral judgments, they interpret their judgments as tracking universal, objective moral facts. But studies of folk metaethics have demonstrated that people have a mix of metaethical attitudes. Sometimes people think of their moral judgments as purely expressive, or as tracking subjective or relative moral facts, or perhaps no facts at all. This paper surveys the evidence for folk metaethical pluralism and (...) argues for an explanation of this mix of folk metaethical attitudes: without philosophical education, these attitudes are typically caused by factors that are insensitive to their truth. Moreover, unless they can be justified by other means, metaethical attitudes with this etiology are, as a result, irrational, and ought not be used as evidence for or against moral realism. (shrink)

Hojjat Soofi develops a modified version of Martha Nussbaum’s capability approach, which he offers as a conception of dignity for people living with dementia.1 He argues that this modified version can address what he identifies as four main criticisms of the concept of dignity. The first and most substantial criticism was developed by Macklin: that appeals to ‘dignity’ add little to moral debates or to the rich field of existing moral values.1 Soofi’s account of dignity does not evade this criticism: (...) to the contrary, it represents another clear example of what Macklin complained about, namely, a moral proposal in which the concept of ‘dignity’ plays no substantive role. We have much to learn from Soofi’s rich account of how to ensure the flourishing or well-being of people living with dementia, but it has little to do with dignity as such. According to Soofi, Macklin’s argument is that ‘dignity’ is just another word for respect for persons or their autonomy. This is a rather truncated representation of Macklin’s argument, which is in fact broader. Her argument is that the concept of ‘dignity’ adds nothing to the vast array of rich moral values that already populate the field of ethics, mainly because it is a less precise restatement of these existing values.2 She explicitly …. (shrink)

The standard Hilbert-style of axiomatic system yields the assertion of axioms and, via the use of rules, the assertion of theorems. However, there has been little work done on the corresponding axiomatic rejection of non-theorems. Such Hilbert-style rejection would be achieved by the inclusion of certain rejection-axioms (r-axioms) and, by use of rejection-rules (r-rules), the establishment of rejection-theorems (r-theorems). We will call such a proof a rejection-proof (r-proof). The ideal to aim for would be for the theorems and r-theorems to (...) bemutually exclusive and exhaustive. That is, if a formula A is a theorem then it is not an r-theorem, and if A is a non-theorem then it is an r-theorem. In this paper, I present a rejecion system for the first-degree formulae of a large number of relevant logics. (shrink)

In December 1990, an empirical study assessing hospital ethics committee (HEC) success was completed. Success was measured in terms of the number of interventions undertaken by the committees in four functional areas: education, guidelines development, prospective and retrospective case review. Some commonly quoted success determinants, such as multidisciplinarity, physician chairpersons, and a high institutional status of the chairperson were found not to foster success; the latter two, actually decreased committee success.

Visual information conveyed by iconic hand gestures and visible speech can enhance speech comprehension under adverse listening conditions for both native and non‐native listeners. However, how a listener allocates visual attention to these articulators during speech comprehension is unknown. We used eye‐tracking to investigate whether and how native and highly proficient non‐native listeners of Dutch allocated overt eye gaze to visible speech and gestures during clear and degraded speech comprehension. Participants watched video clips of an actress uttering a clear or (...) degraded (6‐band noise‐vocoded) action verb while performing a gesture or not, and were asked to indicate the word they heard in a cued‐recall task. Gestural enhancement was the largest (i.e., a relative reduction in reaction time cost) when speech was degraded for all listeners, but it was stronger for native listeners. Both native and non‐native listeners mostly gazed at the face during comprehension, but non‐native listeners gazed more often at gestures than native listeners. However, only native but not non‐native listeners' gaze allocation to gestures predicted gestural benefit during degraded speech comprehension. We conclude that non‐native listeners might gaze at gesture more as it might be more challenging for non‐native listeners to resolve the degraded auditory cues and couple those cues to phonological information that is conveyed by visible speech. This diminished phonological knowledge might hinder the use of semantic information that is conveyed by gestures for non‐native compared to native listeners. Our results demonstrate that the degree of language experience impacts overt visual attention to visual articulators, resulting in different visual benefits for native versus non‐native listeners. (shrink)

In common with much of the Western world, agrarianism—valuing farmers and agricultural activity as intrinsically worthwhile, noble, and contributing to the strength of the national character—runs through Australian culture and politics. Agrarian sentiments and attitudes have been identified through empirical research and by inference from analysis of political debate, policy content, and studies of media and popular culture. Empirical studies have, however, been largely confined to the US, with little in the way of recent re-evaluations of, or developments from, early (...) work. This paper reports on research that seeks quantitative empirical evidence for the existence of agrarianism in the Australian community and seeks to identify its core characteristics. Using a purpose-designed sub-set of items within a large, omnibus-style survey of regional and rural Australia, we demonstrate that agrarianism exists as a scientifically quantifiable concept identifiable through responses to four key propositions: that Australians should support policies aimed at improving the position of the agricultural industries; that working in agriculture and associated industries brings out the best in people; that agricultural producers make a major contribution to environmental protection and biodiversity conservation; and that the development of agriculture in Australia contributed to the development of the national character. We found very little variation in the degree to which different demographic groupings agree with agrarianism. Older people, farmers, and non-Indigenous Australian-born respondents were among those who were statistically significantly more likely to agree with the defining propositions of agrarianism, but their scores were only very slightly higher than those of other sub-populations in the sample. (shrink)