As drug testing has become increasingly used to maximize corporate profits by minimizing the economic impact of employee substance abuse, numerous arguments have been advanced which draw the ethical justification for such testing into question, including the position that testing amounts to a violation of employee privacy by attempting to regulate an employee's behavior in her own home, outside the employer's legitimate sphere of control. This article first proposes that an employee's right to privacy is violated when personal information is (...) collected or used by the employer in a way which is irrelevant to the terms of employment. This article then argues that drug testing is relevant and therefore ethically justified within the terms of the employment agreement, and therefore does not amount to a violation of an employee's right to privacy. Arguments to the contrary, including the aforementioned appeal to the employer's limited sphere of control, do not account for reasonable constraints on employee privacy which are intrinsic to the demands of the workplace and implicit in the terms of the employment contract. (shrink)
Because of the difficulty posed by the contrast between the search for truth and truth itself, Michael Polanyi believes that we must alter the foundation of epistemology to include as essential to the very nature of mind, the kind of groping that constitutes the recognition of a problem. This collection of essays, assembled by Marjorie Grene, exemplifies the development of Polanyi's theory of knowledge which was first presented in Science, Faith, and Society and later systematized in Personal Knowledge. Polanyi (...) believes that the dilemma of the modern mind arises from the peculiar relation between the positivist claim for total objectivity in scientific knowledge and the unprecedented moral dynamism characterizing the social and political aspirations of the last century. The first part of Knowing and Being deals with this theme. Part two develops Polanyi's idea that centralization is incompatible with the life of science as well as his views on the role of tradition and authority in science. The essays on tacit knowing in Part Three proceed directly from his preoccupation with the nature of scientific discovery and reveal a pervasive substructure of all intelligent behavior. Polanyi believes that all knowing involves movement from internal clues to external evidence. Therefore, to explain the process of knowing, we must develop a theory of the nature of living things in general, including an account of that aspect of living things we call "mind." Part Four elaborates upon this theme. (shrink)
This article challenges conventional readings of Michel Foucault by examining his fascination with neoliberalism in the late 1970s. Foucault did not critique neoliberalism during this period; rather, he strategically endorsed it. The necessary cause for this approval lies in the broader rehabilitation of economic liberalism in France during the 1970s. The sufficient cause lies in Foucault's own intellectual development: drawing on his long-standing critique of the state as a model for conceptualizing power, Foucault concluded, during the 1970s, that economic liberalism, (...) rather than “discipline,” was modernity's paradigmatic power form. Moreover, this article seeks to clarify the relationship between Foucault's philosophical antihumanism and his assessment of liberalism. Rather than arguing that Foucault's antihumanism precluded a positive appraisal of liberalism, or that the apparent reorientation of his politics in a more liberal direction in the late 1970s entailed a partial retreat from antihumanism, this article contends that Foucault's brief, strategic, and contingent endorsement of liberalism was possible precisely because he saw no incompatibility between antihumanism and liberalism—but only liberalism of the economic variety. Economic liberalism alone, and not its political iteration, was compatible with the philosophical antihumanism that is the hallmark of Foucault's thought. (shrink)
In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we have caused by the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “ caused … abuse to the child….” More often, the causal element in criminal liability is (...) more implicit, as when criminal statutes prohibit killings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)
Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a much more general (...) insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself. In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by those enduring attributes of ourselves we call our characters. (shrink)
In the Trolley Case, as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.
This paper deals with Ludwik Fleck’s theory of thought styles and Michael Polanyi’s theory of tacit knowledge. Though both concepts have been very influential for science studies in general, and both have been subject to numerous interpretations, their accounts have, somewhat surprisingly, hardly been comparatively analyzed. Both Fleck and Polanyi relied on the physiology and psychology of the senses in order to show that scientific knowledge follows less the path of logical principles than the path of accepting or rejecting (...) specific conventions, where these may be psychologically or sociologically grounded. It is my aim to show that similarities and differences between Fleck and Polanyi are to be seen in the specific historical and political context in which they worked. Both authors, I shall argue, emphasized the relevance of perception in close connection to their respective understanding of science, freedom, and democracy. (shrink)
Michael Ryan (d. 1840) remains one of the most mysterious figures in the history of medical ethics, despite the fact that he was the only British physician during the middle years of the 19th century to write about ethics in a systematic way. Michael Ryan’s Writings on Medical Ethics offers both an annotated reprint of his key ethical writings, and an extensive introductory essay that fills in many previously unknown details of Ryan’s life, analyzes the significance of his (...) ethical works, and places him within the historical trajectory of the field of medical ethics. (shrink)
Young argues against Michael Huemer's contention that egoism demands sacrificing others. The centrality of mutual trust in achieving vital sociallyproduced goods requires that egoism strictly limit, in degree and scope, any allowable prédation. The need for genuine and meaningful social recognition and affirmation rules out achieving mutual trust while secretly being a predator. Egoism may not support a strong Randian principle of never sacrificing others for the benefit of oneself but it plausibly supports a principle of never achieving particular (...) benefits for oneself by imposing on others costs that undermine mutual trust. (shrink)
Miranda Fricker appeals to the idea of moral-epistemic disappointment in order to show how our practices of moral appraisal can be sensitive to cultural and historical contingency. In particular, she thinks that moral-epistemic disappointment allows us to avoid the extremes of crude moralism and a relativism of distance. In my response I want to investigate what disappointment is, and whether it can constitute a form of focused moral appraisal in the way that Fricker imagines. I will argue that Fricker is (...) unable to appeal to disappointment as standardly understood, but that there is a more plausible way of understanding the notion that she can employ. There are, nevertheless, significant worries about the capacity of disappointment in this sense to function as a form of moral appraisal. I will argue, finally, that even if Fricker can address these worries, her position might end up closer to moralism than she would like. (shrink)
If observation is ‘theory-laden’, how can there be ‘observationally equivalent theories’? How can the observations ‘laden’ by one theory be ‘the same as’ those ‘laden’ by another? The answer might lie in the expressibility of observationally equivalent theories in a common mathematical formalism.
This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)
The arguments for redistribution of wealth, and for prohibiting certain transactions such as price-gouging, both are based in mistaken conceptions of exchange. This paper proposes a neologism, “euvoluntary” exchange, meaning both that the exchange is truly voluntary and that it benefits both parties to the transaction. The argument has two parts: First, all euvoluntary exchanges should be permitted, and there is no justification for redistribution of wealth if disparities result only from euvoluntary exchanges. Second, even exchanges that are not euvoluntary (...) should generally be permitted, because access to market exchange may be the only means by which people in desperate circumstances can improve their position. (shrink)