Gideon Rosen (2014) has drawn our attention to cases of duress of a particularly interesting sort: the person's ‘mind is not flooded with pain or fear’, she knows exactly what she is doing, and she makes a clear-headed choice to act in, as Rosen says, ‘awful ways’. The explanation of why we excuse such actions cannot be that the action was not voluntary. In addition, although some duress cases could also be viewed as necessity cases and thus as justified, Rosen (...) wisely sets aside that complicating factor by zeroing in on those cases where the action clearly is not justified. So why do we excuse in these cases, where the action is not justified and the agent acted voluntarily?Rosen thinks the key lies in the ‘ill will’ condition, ‘the idea that an act is blameworthy only if it manifests insufficient concern or regard for those affected’. He says this is relatively uncontroversial; much of my paper is taken up with calling the ‘ill will’ condition into question. I also take issue with Rosen on just how justifications and excuses differ. I argue in favour of understanding justifications (in a context where we are asking how justifications and excuses differ) as not requiring truth, but only reasonable belief. (shrink)

Broad consent – the act of gaining one consent for multiple potential future research projects – sits at the core of much current genomic research practice. Since the 25th May 2018, the General Data Protection Regulation (GDPR) has applied as valid law concerning genomic research in the EU and now occupies a dominant position in the legal landscape. Yet, the position of the GDPR concerning broad consent has recently been cause for concern in the genomic research community. Whilst the text (...) of the GDPR apparently supports the practice, recent jurisprudence contains language which is decidedly less positive. This article takes an in-depth look at the situation concerning broad consent under the GDPR and – despite the understandable concern flowing from recent jurisprudence – offers a positive outlook. This positive outlook is argued from three perspectives, each of which is significant in defining the current, and ongoing, legitimacy and utility of broad consent under the GDPR: the principled, the legal technical, and the practical. (shrink)

Clarke A. Chambers interviews Marcia Eaton, professor in the Department of Philosophy.

This article aims at contributing to current debates on the ‘new imperialism’ by presenting the main results of a reading of Marx’sCapitalin light of his writings on colonialism, which were unknown in the early Marxist debate on imperialism. It aims to prove that, in his main work, Marx does not analyse a national economy or – correspondingly – an abstract model of capitalist society, but a world-polarising and ever-expanding system. This abstraction allows the identification of the laws of development of (...) capitalism and its antagonisms, and reflects the tendency of the capital of the dominant states, by making permanent recourse also to methods of so-called ‘primitive accumulation’, to expand and increase the exploitation of workers worldwide, and, at the same time, the cooperation between them. What, for Marx, was later defined as imperialism is the concrete form of the process of ‘globalisation’ of the capital of the dominant states. With the development of his analysis, Marx became increasingly aware of the economic and political consequences of imperialism. In his activity within the First International, with regard to the question of Irish independence, he affirmed the fundamental importance of building a real solidarity between class struggles in imperialist countries and anti-colonial resistance in colonised and dependent countries. His examination of imperialism and internationalist perspective were downplayed, denied, if not completely reversed in the interpretation and systematisation of his thought by reformist leaders within the Second International. In their attempt to react against this tendency and develop an analysis and a political strategy adequate to the new phase of generalised imperialist expansion, increased inter-imperialist rivalries and rising anti-colonial resistance, Rosa Luxemburg and Lenin reaffirmed the centrality of the critique of imperialism at the economic and at the political levels. Even if they were partially unaware of this, they thus developed and expanded on some aspects already present in Marx’s work. (shrink)

_"School Sector and Student Outcomes_ is an important work for policy makers and social scientists alike. This research is critically important for anyone concerned with educational policy and the academic future of our children." —Teresa A. Sullivan, Provost and Executive Vice President for Academic Affairs, The University of Michigan "Providing original contributions to our understanding of school sectors, this volume will be of great interest to sociologists of education and scholars and students in education, history, and political science." —George Farkas, (...) Pennsylvania State University Variations in students' performance across different school sectors—specifically, public, private religious, and private nonreligious schools—has long been an important topic in the sociology of education. In recent years, debate over the merits of each sector has increased between advocates and critics of school choice, as exemplified by current struggles over educational vouchers and their ramifications for public policy and politics. What has been lacking in this debate, however, has been a theoretically grounded empirical analysis of the factors that affect student success across sectors. _School Sector and Student Outcomes_ offers such an assessment. By presenting a set of methodologically rigorous empirical studies, the volume provides a viable basis for comparisons across sectors on such issues as school organization, governance, curriculum, and pedagogy in U.S. elementary and secondary schools. Carefully reasoned conceptual analyses identify the source of sector differences, trace the evolution of the dual school system in the U.S., and describe the mechanisms that link school sector to school processes. The volume amply documents how sector differences operate and what the consequences are for student learning and behavior. (shrink)

The emphasis on duly in Kant's ethics is widely held to constitute a defect. Marcia W. Baron develops and assesses the criticism, which she sees as comprising two objections: that duty plays too large a role, leaving no room for the supererogatory, and that Kant places too much value on acting from duty. Clearly written and cogently argued, Kantian Ethics Almost without Apology takes on the most philosophically intriguing objections to Kant's ethics and subjects them to a rigorous yet (...) sympathetic assessment. (shrink)

During the past decade ethical theory has been in a lively state of development, and three basic approaches to ethics - Kantian ethics, consequentialism, and virtue ethics - have assumed positions of particular prominence.

If our knowledge of human cognition were based solely on research with participants younger than the age of 2 years, there would be no basis for the relational reinterpretation hypothesis, and Darwin's continuity theory would be safe as houses. Because many of the shortcomings cited apply to human infants, we propose how a consideration of cognitive development would inform the relational reinterpretation hypothesis.

In Adam Smith in Beijing, Giovanni Arrighi attempts to outline the possible consequences of the growth of China through a rereading of the work of Adam Smith and a critique of Marx. This article analyses and sheds light on the limits of this reading, upon which Arrighi bases his prediction of a possible peaceful growth in collaboration amongst the various nations within the world-market. It also seeks to identify what makes Marx’s work so timely for the understanding of the contemporary (...) phase of capitalist globalisation, with its escalation of the exploitation of ever more globalised labour-power, and of international competition. 1. (shrink)

When successful and ethical managers are alerted to possible organizational wrongdoing, they take corrective action before the problems become crises. However, recent research [e.g., Rynes et al. (2007, Academy of Management Journal50(5), 987–1008)] indicates that many organizations fail to implement evidence-based practices (i.e., practices that are consistent with research findings), in many aspects of human resource management. In this paper, we draw from years of research on whistle-blowing by social scientists and legal scholars and offer concrete suggestions to managers who (...) are interested in encouraging internal reporting of problems requiring attention, and to observers of questionable activity who are considering reporting it. We also identify ways that research suggests policy-makers can have a more positive influence. We hope that these suggestions will help foster evidence-based practice regarding whistle-blowing. (shrink)

American doctors in the 1990s are being asked to serve as "double agents," weighing competing allegiances to patients' medical needs against the monetary costs to society. This situation is a reaction to rapid cost increases for medical services, themselves the result of the haphazard development since the 1920s of an inherently inflationary, open-ended system for funding and delivering health care. The answer to an inefficient system, however, is not to stint on care, but rather to restructure the system to remove (...) the inflationary pressures. As long as we are spending enormous resources on an inherently inefficient and inflationary system we cannot justify asking doctors to withhold beneficial care to save money for third-party payers. Doing so serves a largely political agenda and endangers the patient-centered ethic that is central to medicine. (shrink)

It is widely agreed that the top three Model Penal Code culpability levels suffice for criminal liability, but the fourth is controversial. And it isn’t just the particular MPC wording; that negligence should be on the list at all is controversial. My question is: What makes negligence so different? What is it about negligence that gives rise to the view that it should not suffice for criminal liability? In addressing it, I draw attention to how we conduct the debate, and (...) how our framing of the issues is shaping it. My hope is to prompt thought and discussion on just what we want the element of mens rea to provide, and to draw attention to background assumptions that shape our views of what it should take for negligence to count as a species of mens rea. (shrink)

The European Commission has recently proposed the introduction of legally binding quotas for women on corporate boards of European companies. This proposal has put the spotlight on the question of whether increasing female representation on the board brings economic benefits to the firm. In order to shed light on the issue, this study investigates the direct and indirect effects of women on the board on firm value. We use a simultaneous equation model to estimate the effects of women on the (...) board on firm value, financial performance, and compliance with ethical and social principles adopted by the firm. We find no evidence that a higher female representation on the board directly affects firm’s value. However, we find indirect effects. Women on the board are positively related with financial performance (measured in terms of return on assets and return on sales) and with ethical and social compliance, which in turn are positively related with firm value. The findings in this study suggest that greater female representation on corporate boards of large European firms can increase firm value indirectly. Further, part of the indirect effect comes from stronger compliance with ethical principles, something that is not captured by accounting-based financial performance. (shrink)

Cavell elaborates the view, traceable from Wittgenstein to Davidson, that there is no thought, and thus no meaning, without language, and shows how this concurs ...

We are surrounded with portraits: from the cipher-like portrait of a president on a bank note to security pass photos; from images of politicians in the media to Facebook; from galleries exhibiting Titian or Leonardo to contemporary art deploying the self-image, as with Jeff Koons or Cindy Sherman. In antiquity portraiture was of major importance in the exercise of power. Today it remains not only a part of everyday life, but also a crucial way for artists to define themselves in (...) relation to their environment and their contemporaries. In Portrayal and the Search for Identity, Marcia Pointon investigates how we view and understand portraiture as a genre and how portraits function as artworks within social and political networks. Likeness is never a straightforward matter, as we rarely have the subject of a portrait as a point of comparison. Featuring familiar canonical works and little-known portraits, Portrayal seeks to unsettle notions of portraiture as an art of convention, a reassuring reflection of social realities. Pointon invites readers to consider how identity is produced pictorially and where likeness is registered apart from in a face. In exploring these issues, she addresses wide-ranging problems such as the construction of masculinity in dress, representations of slaves, and self-portraiture in relation to mortality. (shrink)

To "look good" and to "be good" have traditionally been considered two very different notions. Indeed, philosophers have seen aesthetic and ethical values as fundamentally separate. Now, at the crossroads of a new wave of aesthetic theory, Marcia Muelder Eaton introduces this groundbreaking work, in which a bold new concept of merit where being good and looking good are integrated into one.

Este artigo pretende analisar a impossibilidade do conhecimento do infinito e, conseqüentemente, a impossibilidade do conhecimento de Deus na filosofia hobbesiana. Ao contrário de Descartes, que prova a existência de Deus pelos efeitos, na assim chamada prova ontológica, Hobbes não admite qualquer prova da existência de Deus, além de recusar-se a atribuir-lhe qualquer funcão política ou epistemológica. Deste modo, Deus será objeto de crença e não de ciência na filosofia hobbesiana.

Friends as well as foes of Kant have long been uneasy over his emphasis on duty, but lately the view that there is something morally repugnant about acting from duty seems to be gaining in popularity. More and more philosophers indicate their readiness to jettison duty and the moral 'ought' and to conceive of the perfectly moral person as someone who has all the right desires and acts accordingly without any notion that (s)he ought to act in this way. Elsewhere' (...) I have argued that such a picture of the perfectly moral person is flawed. In this paper I examine the claim that acting from duty is morally repugnant. There is some truth to this charge, but, I argue, the repugnance attaches not to acting from duty as such, but only to certain ways of acting from duty. In isolating the objectionable elements of acting from duty, I hope not only to vindicate the skeletal concept but also to offer illumination on the question of just how we should understand morally good conduct. (shrink)

In this article I argue not only for the value of hermeneutics today but also, and especially, how the crucial gesture of hermeneutics is that of changing the subject for the sake of our today. Surveying briefly the main lines of hermeneutical positions along its history and critiques, and connecting these critiques to the discrepancy between theory and practice, between interpretation and the need to change the world, the article proposes that our reality today, reshaped through globalization and the virtual, (...) is performed as a hermeneutics of history. The challenge for today’s hermeneutics is to work out categories for understanding the present as on-going in a world that tends to capture and distort more and more the meaning of freedom of thought. In the final section, I propose a hermeneutics of the on-going, of gerundive time, partially under the inspiration of Paul Celan, as a response that develops the meaning of the freedom of thought. A defense of nearness and how to think in narrow nearness to the on-going is discussed. (shrink)

Este texto consiste numa tentativa de compreender a Dialética Negativa de Adorno, através da questão da "Verlorene", isto é, da perda no processo histórico, social e lógico. A "Verlorene" como "a perda" é que fundamenta a concepção geral de dialética negativa em oposição à dialética positiva, que opera com uma concepção de "Aufhebung" positiva. O texto procura desenvolver uma ideia de "Aufhebung" negativa, capaz de ser considerada como um elemento ético na dialética.

A ilusão do cinema pode ser mantida no diálogo filosófico? Não se quebra o encanto? A arte que pode emocionar, alegrar, distrair, ensinar, denunciar... quando posta sob o olhar que interroga perderia sua terceira dimensão? Segundo os autores, o cinema não se presta a ser mera ilustração de pensamentos. Ele é mais e está além de uma única interpretação, ou então seria pura propaganda ideológica. Logo, a magia não se quebra; ao contrário, se enriquece, pluraliza, expande o olhar ou o (...) aprofunda. Mais que entretenimento, erudição ou desmascaramento, o que importa aqui é o diálogo que se tece sem que se perca de vista a dimensão humana da realidade, sempre cultural, mutante, graças ao diálogo criativo entre o pensamento e a arte. (shrink)

Nesta obra os autores procuram pensar sobre a história, o desenvolvimento e o papel da fotografia. Há reconciliação possível entre a fotografia e a arte? Ou não há necessidade de reconciliação uma vez que nunca houve cisão? A fotografia é, então, uma forma de arte? Ou é toda arte uma forma de fotografia? A obra pretende discutir essas e outras questões.

Tentar-se-á neste texto deslindar a relação existente entre a 'Dialética Negativa' e a 'Teoria Estética' no interior do pensamento de T. W. Adorno, verificando a possibilidade de intersecção entre ambos os textos e propostas filosóficas. A pretensão é descobrir em que sentido e até que ponto uma pode ser compreendida a partir da outra.

What is the relation between shame and shamelessness? It may seem obvious: shamelessness is simply the absence of shame. But on reflection, it becomes clear that the story is considerably more complicated. Michelle Mason's intriguing "On Shamelessness" prompts such reflection. Mason argues that we should be mindful of the "moral importance of shame" and "unapologetic in its defense", and she does so via an examination of shamelessness and an argument to the effect that shamelessness is a moral fault. The tacit (...) assumption is that insofar as shamelessness is a moral fault, the value of shame is vindicated. I challenge that assumption. (shrink)

1. Stoicism in classical Latin literature -- 2. Stoicism in Christian Latin thought through the sixth century.

...believe that his theory asks too much, demanding total devotion to morality and treating everything worth doing (and perhaps more) as a duty. But, despite their differences, the two sets of...

Marcia Cavell draws on philosophy, psychoanalysis, and the sciences of the mind in a fascinating and original investigation of human subjectivity. A "subject" is a creature, we may say, who recognizes herself as an "I," taking in the world from a subjective perspective; an agent, doing things for reasons, sometimes self-reflective, and able to assume responsibility for herself and some of her actions. If this is an ideal, how does a person become a subject, and what might stand in (...) the way? One of Marcia Cavell's guiding premises is that philosophical investigation into the specifically human way of being in the world cannot separate itself from investigations of a more empirical sort. Cavell brings together for the first time reflections in philosophy, findings in neuroscience, studies in infant development, psychoanalytic theory, and clinical vignettes from her own psychoanalytic practice. (shrink)