The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...) basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

As rational adults, we are free to elect what is (or is not) done to our bodies. However, this strong freedom does not extend to the borders of life. Control over the uses of our biological material is constrained and uncertain at law. Our article examines the legal condition of embryos and organs: how law conceptualises them and regulates their uses.

This is a response to an article published in an earlier issue of this journal, 29–65) in which an article by this author was cited as a prime example of a dangerous emerging 'orthodoxy' in feminist legal theory and subjected to a sustained and critical analysis. The purpose of this response is to reflect briefly on the rhetorical style and the theoretical orientation of that article, and to consider their worrying implications for the practice of feminist legal theory as a (...) whole. (shrink)

Woods's chapter focuses primarily on procedural justice within the international financial institutions. She argues that the procedures adopted by these institutions are central to the debate about global economic justice, and thus it is essential to explore how these bodies make decisions and implement them. Her conclusions suggest that, notwithstanding recent and important reforms, the institutions still suffer from weaknesses in representation and accountability. Unless these bodies attend to these deficiencies, the range and scope of their activities should be circumscribed.

How can governments and peoples better hold to account international economic institutions, such as the WTO, the World Bank, and the IMF? This article proposes an approach based on public accountability, advocating improvements in four areas: constitutional, political, financial, and internal accountability.The argument for more accountability is made with two caveats: more accountability is not always good–it can be distorting and costly; and, enhancing the accountability of international institutions should not justify increasing their jurisdiction for the sake of reducing the (...) role of national governments. Constitutional accountability poses limits on how the institutions expand their activities, requiring the active consent of all members and particularly those most affected by their activities. Political accountability requires that those who make decisions in the organizations are directly answerable to all member governments and not just to the most powerful ones. The institutions' uneven record and structure of financial accountability is addressed through a model of mutual restraint. Finally, the internal accountability should ensure that technical decisions are distinguishable from political decisions. A better matching of the right kinds of accountability to the activities of the organizations would improve both their effectiveness and legitimacy. (shrink)

What ethical questions does neuroscience raise and help to answer? Neuroethics blends philosophical analysis with modern brain science to address central questions within this growing field: · Is free will an illusion? · Does brain stimulation impair a patient's autonomy? · Does having a mental disorder excuse bad behavior? · Is addiction a brain disease? · Should we trust our gut feelings in ethics and politics? · Should we alter our brains to become better people? · Is human reasoning bound (...) to be biased by our values? · Can brain science be trusted to read the minds of criminals and consumers? This book provides an opinionated tour through captivating cases and a close examination of the philosophical issues and scientific evidence. Joshua May's lively and accessible writing style makes it an indispensable resource for students and scholars in both the sciences and humanities. (shrink)

This article explores Mencius’s virtue-oriented ethics and its metaphysical foundation for resources they can provide to transgenerational communities. Mencius’s ethics offers moral norms for human actions that transcend those generations with whom they can interact and impact generations of people in the future. These actions range from the preservation of traditional values to the challenges of climate change, offering grounds for transgenerational justice. Mencius’s account of virtues offers a moral justification for the standards of living that are common to all (...) human beings, justifying their entitlements to certain economic, social, cultural, and environmental conditions for the cultivation of moral virtues that perfect human nature. Due to his view that the metaphysics of human nature also governs the cosmic world, the virtues that govern good human relationships will also protect the world’s natural resources, regardless of whether someone subscribes to a Confucian community. (shrink)

What the Church teaches and why on issues of euthanasia, invitro fertilization, genetic counseling, assisted suicide, living wills, persistent vegetative state, organ transplants, and more.

A discussion of the intersections between Aristotle's works: Ethics and Metaphysics. It debates the ways in which - and even the extent to which - the two texts illuminate one another, examine Aristotle's methods and intellectualism and analyse issues of matter, form, potency and art.

_Heidegger's Hidden Sources_ documents for the first time Heidegger's remarkable debt to East Asian philosophy. In this groundbreaking study, Reinhard May shows conclusively that Martin Heidegger borrowed some of the major ideas of his philosophy - on occasion almost word for word - from German translations of Chinese Daoist and Zen Buddhist classics. The discovery of this astonishing appropriation of non-Western sources will have important consequences for future interpretations of Heidegger's work. Moreover, it shows Heidegger as a pioneer of comparative (...) philosophy and transcultural thinking. (shrink)

_Heidegger's Hidden Sources_ documents for the first time Heidegger's remarkable debt to East Asian philosophy. In this groundbreaking study, Reinhard May shows conclusively that Martin Heidegger borrowed some of the major ideas of his philosophy - on occasion almost word for word - from German translations of Chinese Daoist and Zen Buddhist classics. The discovery of this astonishing appropriation of non-Western sources will have important consequences for future interpretations of Heidegger's work. Moreover, it shows Heidegger as a pioneer of comparative (...) philosophy and transcultural thinking. (shrink)

In defending his interest-relative account of knowledge in Knowledge and Practical Interests (2005), Jason Stanley relies heavily on intuitions about several bank cases. We experimentally test the empirical claims that Stanley seems to make concerning our common-sense intuitions about these bank cases. Additionally, we test the empirical claims that Jonathan Schaffer seems to make in his critique of Stanley. We argue that our data impugn what both Stanley and Schaffer claim our intuitions about such cases are. To account for these (...) results, one must develop a better conception of the connection between a subject's interests and her body of knowledge than those offered by Stanley and Schaffer. (shrink)

The burgeoning science of ethics has produced a trend toward pessimism. Ordinary moral thought and action, we’re told, are profoundly influenced by arbitrary factors and ultimately driven by unreasoned feelings. This book counters the current orthodoxy on its own terms by carefully engaging with the empirical literature. The resulting view, optimistic rationalism, shows the pervasive role played by reason, and ultimately defuses sweeping debunking arguments in ethics. The science does suggest that moral knowledge and virtue don’t come easily. However, despite (...) the heavy influence of automatic and unconscious processes that have been shaped by evolutionary pressures, we needn’t reject ordinary moral psychology as fundamentally flawed or in need of serious repair. Reason can be corrupted in ethics just as in other domains, but a special pessimism about morality in particular is unwarranted. Moral judgment and motivation are fundamentally rational enterprises not beholden to the passions. (shrink)

Chapter. 1. Logical. Form. as. a. Level. of. Linguistic. Representation. What is the relation of a sentence's syntactic form to its logical form? This issue has been of central concern in modern inquiry into the semantic properties of natural ...

Aristotle and Confucius are pivotal figures in world history; nevertheless, Western and Eastern cultures have in modern times largely abandoned the insights of these masters. Remastering Morals provides a book-length scholarly comparison of the ethics of Aristotle and Confucius. May Sim's comparisons offer fresh interpretations of the central teachings of both men. More than a catalog of similarities and differences, her study brings two great traditions into dialog so that each is able to learn from the other. This is essential (...) reading for anyone interested in virtue-oriented ethics. (shrink)

Recent empirical research seems to show that emotions play a substantial role in moral judgment. Perhaps the most important line of support for this claim focuses on disgust. A number of philosophers and scientists argue that there is adequate evidence showing that disgust significantly influences various moral judgments. And this has been used to support or undermine a range of philosophical theories, such as sentimentalism and deontology. I argue that the existing evidence does not support such arguments. At best it (...) suggests something rather different: that moral judgment can have a minor emotive function, in addition to a substantially descriptive one. (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.

At least since the middle of the twentieth century, philosophers have tended to identify weakness of will with akrasia—i.e. acting, or having a disposition to act, contrary to one‘s judgments about what is best for one to do. However, there has been some recent debate about whether this captures the ordinary notion of weakness of will. Richard Holton (1999, 2009) claims that it doesn’t, while Alfred Mele (2010) argues that, to a certain extent, it does. As Mele recognizes, the question (...) about an ordinary concept here is one apt for empirical investigation. We evaluate Mele’s studies and report some experiments of our own in order to investigate what in the world the ordinary concept of weakness of will is. We conclude that neither Mele nor Holton (previously) was quite right and offer a tentative proposal of our own: the ordinary notion is more like a prototype or cluster concept whose application is affected by a variety of factors. (shrink)

Moral, social, political, and other “nonepistemic” values can lead to bias in science, from prioritizing certain topics over others to the rationalization of questionable research practices. Such values might seem particularly common or powerful in the social sciences, given their subject matter. However, I argue first that the well-documented phenomenon of motivated reasoning provides a useful framework for understanding when values guide scientific inquiry (in pernicious or productive ways). Second, this analysis reveals a parity thesis: values influence the social and (...) natural sciences about equally, particularly because both are so prominently affected by desires for social credit and status, including recognition and career advancement. Ultimately, bias in natural and social science is both natural and social— that is, a part of human nature and considerably motivated by a concern for social status (and its maintenance). Whether the pervasive influence of values is inimical to the sciences is a separate question. (shrink)

Harun Farocki's films make use of a category of images the director calls “operational”, a term describing images, either photographic or computer-generated, that perform or participate in tasks, usually in military or industrial settings. Treatments of Farocki's films have frequently used the notion of the operational image uncritically, and without comparing Farocki's definition of these images with existing semiotic categories. This article seeks to situate Farocki's operational imagery within a theory of visual communication, and to explore the implications of automated (...) and instrumental imagery for theories of communication in general. Abandoning the focus in much Farocki scholarship on the representative properties of operational imagery, this article focuses on the world-shaping abilities of images that are integral to war and labour. Drawing primarily on Farocki's Eye / Machine I–III series ( Auge / Maschine, 2000–2003) the article then elaborates on the ways in which the world-shaping capacity of operational images conditions human perception and action. In particular, the limitations imposed by operational images upon human actors who interact with them, or live in environments orchestrated by them, reduce the essential role played by indeterminacy and interpretation in communication. (shrink)

I draw on neurobiological evidence to defend the rationalist thesis that moral judgments are essentially dependent on reasoning, not emotions (conceived as distinct from inference). The neuroscience reveals that moral cognition arises from domain-general capacities in the brain for inferring, in particular, the consequences of an agent’s action, the agent’s intent, and the rules or norms relevant to the context. Although these capacities entangle inference and affect, blurring the reason/emotion dichotomy doesn’t preferentially support sentimentalism. The argument requires careful consideration of (...) the empirical evidence (from neuroimaging to psychopathology) and philosophical analysis of the commitments of rationalism versus sentimentalism in ethics. (shrink)

We chart how neuroscience and philosophy have together advanced our understanding of moral judgment with implications for when it goes well or poorly. The field initially focused on brain areas associated with reason versus emotion in the moral evaluations of sacrificial dilemmas. But new threads of research have studied a wider range of moral evaluations and how they relate to models of brain development and learning. By weaving these threads together, we are developing a better understanding of the neurobiology of (...) moral judgment in adulthood and to some extent in childhood and adolescence. Combined with rigorous evidence from psychology and careful philosophical analysis, neuroscientific evidence can even help shed light on the extent of moral knowledge and on ways to promote healthy moral development. (shrink)

Directed duties are duties that an agent owes to some party – a party who would be wronged if the duty were violated. A ‘direction problem’ asks what it is about a duty in virtue of which it is directed towards one party, if any, rather than another. I discuss three theories of moral direction: control, demand and interest theories. Although none of these theories can be rejected out of hand, all three face serious difficulties.

This book offers a readable and compelling introduction to the work of one of the twentieth century's most important and elusive thinkers. Other books have tried to explain Deleuze in general terms. Todd May organizes his book around a central question at the heart of Deleuze's philosophy: how might we live? The author then goes on to explain how Deleuze offers a view of the cosmos as a living thing that provides ways of conducting our lives that we may not (...) have dreamed of. Through this approach the full range of Deleuze's philosophy is covered. Offering a lucid account of a highly technical philosophy, Todd May's introduction will be widely read amongst those in philosophy, political science, cultural studies and French studies. (shrink)

The research described here contributes to the extant empirical research on business ethics education by examining outcomes drawn from the literature on positive organizational scholarship (POS). The general research question explored is whether a course on ethical decision-making in business could positively influence students’ confidence in their abilities to handle ethical problems at work (i.e., moral efficacy), boost the relative importance of ethics in their work lives (i.e., moral meaningfulness), and encourage them to be more courageous in raising ethical problems (...) at work even if it is unpopular (i.e., moral courage). Specifically, the study used a rigorous quasi-experimental pretest–posttest research design with a treatment (N = 30) and control group (N = 30) to investigate whether a graduate-level course in business ethics could influence students’ levels of moral efficacy, meaningfulness, and courage. Findings revealed that participants in the business ethics treatment course experienced significant positive increases in each of the three outcome variables as compared to the control group. The largest increase was in moral efficacy, followed by moral courage, and finally, moral meaningfulness. These findings are discussed in the context of the current research on business ethics education and POS. Implications for future research are discussed. (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)

This text brings together a a number of contributions that discuss issues surrounding and informing questions such as: what is the social?; in what ways can we know it?; and how can our findings be validated? Topics discussed include: the relationship of philosophical and research issues to each other; the nature of social reality; properties that may be ascribed to the social; research accounts and rhetorical persuasion; and the relations between gender and knowing. The overall concern of the book is (...) to clarify how and in what ways we can claim to know the social world and what implications and consequences this may have for social scientific practice. (shrink)