This article offers a theoretical and doctrinal solution to a vexing question in public law: how to determine the justifiability of Charter rights-limiting administrative decisions. The jurisprudence suggests three approaches, or modes of reasoning: minimal impairment analysis, ‘interest balancing’, and ‘values-advancing reasoning’. Like Cerberus, the guard dog of Hades, Canadian public law has become three-headed. While scholars and courts argue about which mode of reasoning is categorically best, the culture of justification compels us to ask instead which provides the (...) most compelling explanation for each rights-limiting decision. Just as cutting off one of Cerberus’s heads would diminish his effectiveness as a guard dog, rejecting either of the modes of reasoning would limit decision makers’ capacity to explain their decisions and undermine a culture of justification. The article makes a theoretical case for retaining all three modes of reasoning and sets out a doctrinal approach to determining when each is applicable. (shrink)

_The face of American education is evolving—and the roadmap is clear_ _On the Rocketship: How Top Charter Schools are Pushing the Envelope_ examines the rise and expansion of leading charter school network Rocketship, revealing the "secret sauce" that makes a successful program. A strong narrative with a timely message, the book explores how Rocketship started and the difficulties encountered as it expands. Designing schools for children who have been failed by traditional schools is extremely challenging work. Setbacks are (...) inevitable. Later in the book the narrative shifts to the national picture, exploring how high performing charter schools are changing the education landscape in cities such as Denver, Memphis, and Houston. The book emerges just as charter schools are running into stiff political opposition in New York City and elsewhere. Even in San Jose, Rocketship's home base, the pushback against charter schools is gaining speed. _On the Rocketship_ becomes a valuable resource for explaining what's at stake in this battle. Lose these schools, in New York, San Jose and other cities, and low-income and minority students lose their best shot at a quality education. Written by a veteran journalist who followed Rocketship through a school year, the book explores some of the factors that make Rocketship and other charters successful, including the blended learning that was pioneered at charter schools, especially Rocketship. Many schools around the country are looking to Rocketship as a model for implementing blended learning. The interplay between charter schools and blended learning is setting a change in motion, and the American education system is ready to evolve. _On the Rocketship_ details this phenomenon, providing insights for educators across the nation. (shrink)

This paper is an ethical exegesis of the biblical story of Gibeah, which concludes the Book of Judges (19–21), to show the catastrophic failure of the anti-political politics of the “community of virtue”, i.e., the rejection of power for the sake of moral society, such as proposed by libertarians, neo-liberals, anarchists and utopians. I consider Kant’s statement of the political problem: given humanity’s unsocial sociality, where each person is tempted to act as an exception to universal law, humans need rulers, (...) but how to obtain rulers who are not themselves ruled by power, and become tyrannical, rather than being ruled by justice? The solution proposed by “the community of virtue” would reject power altogether and replace it with society regulated exclusively according to the moral virtue of its members. The Bible’s story of Gibeah shows graphically and conclusively the failure of any such attempt. Instead, as with normative political philosophy, the Bible endorses the rule of a king, i.e., the rule of the state, and a politics whereby power is disciplined to serve justice because it is rooted in Torah, i.e., a fundamental covenant, charter or constitution, aware and vigilant regarding the ambiguities and temptations of sovereignty, and therefore, ideally, always open to critique. As exemplified by biblical prophets, political protest against injustices perpetrated by the powerful against the least—widow, orphan, stranger—is at once religious obligation and true patriotism. (shrink)

Drawing upon hitherto-unused sources and written in a lively, accessible style, this book represents a shift in the historiography of British education. At the center of the investigation is Joseph Payne, born in humble circumstances in 1808, who in 1873 was appointed to the first professorship in Britain, established by a chartered body of schoolteachers. By that date Payne had acquired a considerable reputation-as the founder of two of the most successful of Victorian private schools; a classroom practitioner of rare (...) skill; the author of bestselling textbooks; a scholar, despite no formal education; and as a leading member of such bodies as the College of Preceptors, the Scholastic Registration Association, the Girls' Public Day School Trust, the Women's Education Union, and the Social Science Association. (shrink)

Part of a series exploring ethical issues relevant to the practising nurse. In terms of ethics, The Patient's Charter is about the rights of patients and clients. This book views the ethical issues of the charter from four different viewpoints - the nurse, the doctor, the manager and the patient.

With the end of the Cold War the world approached the prospect of realizing what one might call the ‘Kantian moment’ in international relations. Auspiciously, 1995 marked both the 50th anniversary of the establishment of UN Charter, in which human rights guarantees prominently figured, as well as the 200th anniversary of Kant’s celebrated text on ‘Perpetual Peace.’ During the era of the EastWest political stalemate, the idea of effective world governance remained a chimera, as both political camps willfully exploited (...) international governmental organizations (IGOs), such as the UN and UNESCO, for the self-serving ends of Realpolitik. Human rights claims were brazenly politicized. The Soviets lambasted American racism and the inadequacy of social rights. The USA and its allies, conversely, pilloried their opponent’s failure to minimally respect basic, first-generation civil and political liberties. (Published: 26 May 2010) Citation: Ethics & Global Politics, Vol. 3, No. 2, 2010, pp. 143-153. DOI: 10.3402/egp.v3i2.5213. (shrink)

ExcerptThe Ukraine war since February 2022 has exposed stark cleavages in international politics. The end of history long ago ended, and with it the conviction that Western civilization and its distinctive form of modernity would become universal.1 The clash of civilizations, in the model outlined by Samuel Huntington, has also been shown to be misdirected, although not entirely misguided.2 There is a struggle between civilizations, but the line is drawn not between the great religious blocs but along rather different lines. (...) It is the Atlantic West that has emerged as the leading contender, provoking a range of reactions from Eurasia and the Global South. The front line now runs within the Global North, between the Atlantic powers and an ill-defined Eurasian bloc, both of which are firmly part of European culture and civilization. The conflict can be viewed as a type of civil war, generated not by civilizational conflict per se but by geopolitics. The political West that took shape in Cold War I represented a distinctive combination of power and authority. Power was expressed above all by the military potential vested in the United States and formalized in a multilateral format with the creation of the North Atlantic Treaty Organization (NATO) in 1949. Authority was generated by the principles underlying the political West, whose founding document is the Atlantic Charter of August 1941, which enunciated Wilsonian themes of democracy and security. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Breakdown of C i M phy " artes an eta sacs RICHARD A. WATSON WITHIN CARTESIANISMthere arose many problems deriving from conflicts between Cartesian principles. Inadequate attempts to solve these problems were crucial reasons for the breakdown of Cartesian metaphysics in the late seventeenth and early eighteenth centuries. The major difficulties derived from the acceptance of a dualism of substances seated in a system which included epistemological (...) and causal likeness principles plus an ontological framework in which the categories of substance and modification were exhaustive. The major solutions involved either denying the likeness principles or altering the ontological framework. The first led to unintelligibility ; the second, culminating in Hume, opened the way to non-Cartesian metaphysics. The first section of this study contains a characterization of late seventeenth -century Cartesian metaphysics. The second is an exposition of Foucher 's four major criticisms of this system. In the third section, monistic solutions suggested in Descartes and by Spinoza, Foucher, Leibniz, and Locke are considered; in the fourth, the dualistic solutions of the orthodox Cartesians Rohault, R~gis, Desgabets, La Forge, Le Grand, and Arnauld; and in the fifth, the occasionalist solution of Malebranche. The sixth section is an analysis of these orthodox and occasionalist solutions, showing how each ultimately fails because of dependence upon the ontology of substance and modification. The seventh section is a consideration of Berkeley and Hume in the Cartesian context. A consideration of their systems as offering solutions to Cartesian problems illuminates in new light both the systems and the problems. In broad terms, this study moves from a consideration of problems arising from an ontology of two substances, to a consideration of problems arising from the ontological pattern of substance and modification. The Cartesians were concerned with relationships between two substances, but they saw no difficulties connected with the relationship between a substance and its modifications (or properties). Berkeley's treatment (deriving from Male- [177] 178 HISTORY OF PHILOSOPHY branche) of the relationships between mind and idea, and between mind and notion, is illuminated by a consideration of the extent to which he took these relationships for granted in the Cartesian way, and of the extent to which he saw difficulties in the relationship between substance and modification. The Berkeleian solution to Cartesian problems, like that of Malebranche before him, was not successful; Malebranche belittled, and Berkeley denied the dualism of substances, but neither philosopher could break entirely with the ontological pattern of substance and modification. The final breakdown of Cartesian metaphysics came with Hume, who, in providing the culmination of a most important trend in modern philosophy, opened the way to new metaphysics and became the father of contemporary philosophy. I A model late seventeenth-century Cartesian metaphysical system. The last grand expositor of the Cartesian philosophy was Antoine Le Grand who in 1694 published An Entire Body of Philosophy. The characterization of the late seventeenth-century Cartesian system given below follows Le Grand's exposition more closely than others, but it also incorporates elements from those of Rohault, R6gis, Desgabets, La Forge, Malebranche, and Arnauld.1 None of these philosophers professed a system of exactly the sort this characterization pictures, nor is it implied here that they do. The guide and rationale for drawing from them such a model Cartesianism is the polemical writing of Simon Foucher. Foucher's series of attacks upon Cartesianism (of which the second is his criticism of Malebranche of 1675, Critique de la Rdcherche de la veritd) give clearly the most important objections against Cartesian metaphysics.2The system outlined below, while more com1Le Grand, Antoine, An Entire Body of Philosophy According to the Principles of the Famous Renate des Cartes (London, 1694); Rohault, Jacques, Traitd de physique (Paris, 1671); R6gis, Pierre-Sylvain, Syst~me de philosophie, contenant la logique, la mdtaphysique, la physique et la morale (Lyon, 1690); Desgabets, Robert, Critique de la Critique de la Recherche de la veritd, oCt l'on decouvre le chemin qui conduit aux connoissances solides. Pour servir de rdsponse gtla Lettre d'un academicien (Paris, 1675); La Forge, Louis de, Traitd de l'dme humaine, de ses facultds et fonctions et de son union avec le corps, d'apr~s les principes de... (shrink)

... and Normative Epistemology The Distinction Between Metaepistemology and Normative Epistemology Although this terminology is relatively new, ...

Rene Descartes is the philosophical architect of our modern world.

The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.

A reciprocity framework is presented as an analysis of morality, and to explain and justify the attribution of moral rights and duties. To say an entity has rights makes sense only if that entity can fulfill reciprocal duties, i.e., can act as a moral agent. To be a moral agent an entity must (1) be self-conscious, (2) understand general principles, (3) have free will, (4) understand the given principles, (5) be physicallycapable of acting, and (6) intend to act according to (...) or against the given principles. This framework is foundational both to empirical and supernatural positions which distinguish a human milieu, which is moral, from a nonhuman milieu, which is not. It also provides a basis for evaluating four standard arguments for the rights ofnonhuman animals and nature-the ecological, the prudential, the sentimental, and the contractual. If reciprocity is taken as being central to the general concepts of rights and duties, then few animals, and no natural objects or natural systems, have rights and duties in an intrinsic or primary sense, although they may be assigned them in an extrinsic or secondary sense as a convenience in connection with human interests. Nevertheless, there are some animals besides humans - e.g., especially chimpanzees, gorillas, dolphins, and dogs - which, in accordance with good behavioral evidence, are moral entities, and sometimes moral agents. On the grounds of reciprocity, they merit, at aminimum, intrinsic or primary rights to life and to relief from unnecessary suffering. (shrink)

A dozen papers by internationally known scholars explore questions largely unthinkable without Richard Watson's classic Downfall of Cartesianism: Descartes in Holland, Descartes and Simon Foucher, and issues raised by Descartes for philosophy of mind, philosophy of science, translation and toleration.

Combines historical research and philosophical analysis to cast light on why and how Cartesianism failed as a complete metaphysical system. Far more radical in its conclusions than his 1966 study The Downfall of Cartesianism, Watson argues that Descartes's ontology is incoherent and vacuous, his epistemology deceptive, and his theology unorthodox--indeed, that Descartes knows nothing.

Richard A. Watson - What is the History of Philosophy and Why is it Important? - Journal of the History of Philosophy 40:4 Journal of the History of Philosophy 40.4 525-528 Notes and Discussions What is the History of Philosophy and Why is it Important? The advent of the fortieth anniversary of the founding of the Journal of the History of Philosophy set me to thinking again about these old disputed questions. It seems obvious that what is unique to (...) the history of philosophy is that it is history. It is specifically history of philosophical positions, principles, and arguments with no restrictions concerning who held them where or when, or what they are. The history of philosophy as history, then, is a discipline in which the philosophical positions, principles, and arguments of philosophers are presented, analyzed, and explained in the historical contexts of their times. One way to proceed is to ask and answer questions such as the following: Given our best understanding of the intellectual milieu and vernacular of the times, what did the philosopher say? Given ditto, what did the philosopher mean to say? Did he say what he meant to say? Did he support his position adequately or inadequately? What might or could the philosopher have said in the context of his times, either to improve or alter his position, or to avoid errors? How did the philosopher's contemporaries respond? Who had the better arguments? What developed philosophically out of.. (shrink)

In this engrossing double volume, the work and thought of Nicolas Malebranche is examined through the eyes of Simon Foucher and Dortous de Mairan. Part 1 consists of Richard A. Watson’s translation of the first published critique, by Simon Foucher, of Malebranche’s main philosophical work, _Of the Search for the Truth. _In the second part, Marjorie Grene presents a meticulous translation of the long correspondence between Malebranche and Jean-Jacques Dortous de Mairan that ended shortly before Malebranche’s death. Both Watson (...) and Grene provide insightful introductions to their translations. The influence of the works of Malebranche has been extensive, as has the influence of the lesser works of his first critic, Simon Foucher. Although Foucher was a minor philosopher of the seventeenth century, he provided arguments that led to a crucial turning point in modern philosophy. Listened to with care and treated with respect by Leibniz, Foucher’s arguments were utilized by Bayle, Berkeley, and Hume toward the destruction not only of Cartesian metaphysics but of substance philosophy as well. In this translation of Foucher’s work, it is now possible for readers of Malebranche’s _Of the Search for the Truth _to evaluate the immediate response of a young philosopher about town to one of the most important philosophical works of his day. The correspondence between Jean-Jacques Dortous de Mairan, an obscure provincial, and Nicolas Malebranche has usually been viewed as a small addendum to the works of Malebranche. Marjorie Grene, however, in her translation of this correspondence, considers it not only a contribution to the Malebranchian corpus but also an example of a reaction to Spinoza. Born at Béziers in the south of France in 1678, Mairan went to Paris in 1698, where he studied mathematics with Malebranche. Their correspondence began four years later when Mairan returned to Béziers to accept a position with the local bishop. In his letters to Malebranche, Mairan reveals himself to be one of no more than a handful of known readers of Spinoza who, in the early eighteenth century, admitted fascination with Spinoza’s presentation of his thoroughly unorthodox God and his equally unorthodox nature. (shrink)

Today the radical as well as the organizing pacifism have become compatible in the engagement for an universal legal system, which is based on the acknowledgement of human rights and a general prohibition of the use of force. The classical doctrines of just war have become obsolete, but their implicit elements concerning moral criticism of violence are indispensable. The author critisizes the misuse of the human rights argument for the justification of military interventionism. A legitimate policy of peace and security (...) has to depend on the development of a collective security system as proposed by the UN-Charter. It cannot be based on traditional military alliances of defence. To intervene in domestic conflicts, if any, peacekeeping operations are qualified, when and as far as they bind themselves to the principles of consensus of all parties concerned, of strict neutrality and of deescalation. There is a special obligation for Germany to restrain herself in military actions and toset an example in developing an international culture of nonviolence. (shrink)

On liberty, by J. S. Mill.--Morals and the criminal law, by P. Devlin.--Immorality and treason, by H. L. A. Hart.--Lord Devlin and the enforcement of morals, by R. Dworkin.--Sins and crimes, by A. R. Louch.--Morals offenses and the model penal code, L. B. Schwartz.--Paternalism, by G. Dworkin.--Four cases involving the enforcement of morality: Shaw v. Director of Public Prosecutions; People v. Cohen; Repouille v. United States; Commonwealth v. Donoghue.--Bibliography (p. 149).

_Epistemology_ is an accessible and indispensable volume for undergraduates studying philosophy. Essential introduction to epistemology, a field of fundamental philosophical importance Offers concise and well-written synopses of different epistemological debates and concerns.

_Epistemology _is an accessible and indispensable volume for undergraduates studying philosophy. Essential introduction to epistemology, a field of fundamental philosophical importance Offers concise and well-written synopses of different epistemological debates and concerns.

A monumental work on the flow of time, from the universe's creation to "Now," by the best-selling author of Physics for Future Presidents. "Now" is a simple concept--you're reading this sentence now. Yet a real definition of "now" has eluded even the great Einstein. We know that time stretches and is affected by gravity and velocity. Yet, as eminent physicist Richard A. Muller points out, it is only today that we have all the physics at hand--relativity, entropy, entanglement, antimatter, (...) and the Big Bang--to explain the flow of time. With these building blocks in place, Muller reaches a startling conclusion: our expanding universe is continuously creating not only new space but also new time. The front edge of this new time is what we call "now," and this moment is truly unique--it is the only moment in which we can exercise our free will. Muller's thought-provoking vision is a powerful counter to established theories in science and philosophy, and his arguments will spark major debate about the most fundamental assumptions of our universe. (shrink)

This elevating pull of an ethics that can account for the relation of self and other without reducing either term is the central theme of these essays.

The reputation and influence of Emmanuel Levinas has grown powerfully. Well known in France in his lifetime, he has since his death become widely regarded as a major European moral philosopher profoundly shaped by his Jewish background. A pupil of Husserl and Heidegger, Levinas pioneered new forms of exegesis with his post-modern readings of the Talmud, and as an ethicist brought together religious and non-religious, Jewish and non-Jewish traditions of contemporary thought. Richard A. Cohen has written a book which (...) uses Levinas' work as its base but goes on to explore broader questions of interpretation in the context of text-based ethical thinking. Levinas' reorientation of philosophy is considered in critical contrast to alternative contemporary approaches such as those found in modern science, psychology, Nietzsche, Freud, Husserl, Heidegger, Sartre, Merleau-Ponty, Derrida and Ricoeur. Cohen explores a manner of philosophizing which he terms 'ethical exegesis'. (shrink)

1. Pragmatism: Philosophical versus everyday. 2. Legal pragmatism. 3. John Dewey on Democracy and law. 4. Two concepts of democracy. 5. Democracy defended. 6. The concepts applied.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Descartes’ Meditations: Background Source Materials ed. by Roger Ariew, John Cottingham, and Tom SorellRichard A. WatsonRoger Ariew, John Cottingham, and Tom Sorell, editors. Descartes’ Meditations: Background Source Materials. Cambridge: Cambridge University Press, 1998. Pp. xviii + 170. Cloth, $54.95. Paper, $18.95.This volume includes primarily source materials from authors who were contemporary to Descartes’s composition of the Meditations. Thus there are no selections from Augustine, Aquinas, and Montaigne, for (...) example, who were more influential on the Meditations than some of the authors excerpted. Of course their influence is already amply documented by such scholars as Gilson and Gouhier. Probably the most important source included is Suárez, whose role is championed by Jean-Luc Marion in several works. Readers should look for the forthcoming Index Augustino-Cartèsian: Textes et Commentaire by Zbigniew Janowski (Paris: J. Vrin) for a startling challenge to the view that Descartes is Suárezian.In the volume under review, Eustachius a Sancto Paulo is of special interest because Descartes thought of refuting him item by item (but decided exposition of his own view would be adequate). In his youth Descartes had a definite interest in Petrus Ramus, although Beeckman told him his method consisted of tired old tricks. Francisco Sanches and Pierre Charron are important for their expositions of sceptical arguments and attitudes. Christopher Clavius is Descartes’s direct predecessor in mathematical analysis, and none of Descartes’s protests that he never read the man has convinced anyone. Scipion Dupleix is a fine example of how the Old Philosophy appeared to the New Philosophers, and Marin Mersenne, of course, compiled material on every subject Descartes ever had an interest in. Pierre Gassendi exercised Descartes’s ire more than any other commentator on the Meditations, and Descartes again probably read Gassendi’s continuing criticisms even though he claimed he wouldn’t. [End Page 366]Of special interest is Jean de Silhon, an old friend of Descartes’s who published a book containing a proto-cogito three years before the Meditations appeared. François de la Mothe le Vayer represents the libertine strain many detect in Descartes’s writings, while Jean-Baptiste Morin provides fodder for those who detect Descartes’s piety, although Descartes asserts that the man is an idiot for defending the immobility of the earth. Finally, Charles Sorel provides an example of the deductive mode of exposition in a text that shows that the notion of a unified science was more than Cartesian. One contemporary who was left out and should have been included was the Augustinian Guillaume Gibieuf.But overall, this is an interesting and useful collection of works Descartes doubtless knew. [End Page 367]Richard A. WatsonWashington UniversityCopyright © 1999 Johns Hopkins University Press... (shrink)

The late Gregor Sebba was fond of describing his monumental _Bibliographia Cartesiana: A Critical Guide to the Descartes Literature, 1800–1960 _as a by-product of his research begun in 1949 for an article he had in mind titled _The Dream of Descartes._ The bibliography has been indispensable to Descartes scholars since its appearance in 1964. When Sebba died in 1985, his manuscript for _The Dream of Descartes _was still unfinished. Here, with materials provided by Aníbal A. Bueño, Richard H. Popkin, (...) and Helen Sebba, Richard A. Watson presents the completed work based on a 1973 draft, letters, outlines, and other manuscript material. The result is a fascinating analysis of Descartes’ dreams as seminal in the creative process of genius. (shrink)

Ame Naess, John Rodman, George Sessions, and others, designated herein as ecosophers, propose an egalitarian anti-anthropocentric biocentrism as a basis for a new environmental ethic. I outline their “hands-off-nature” position and show it to be based on setting man apart. The ecosophic position is thus neither egalitarian nor fully biocentric. A fully egalitarian biocentric ethic would place no more restrictions on the behavior of human beings than on the behavior of any other animals. Uncontrolled human behavior might lead to the (...) destruction ofthe environment and thus to the extinction of human beings. I thus conclude that human interest in survival is the best ground on which to argue for an ecological balance which is good both for human beings and for the whole biological community. (shrink)

Because little is known about the human trait of affiliation, we provide a novel neurobehavioral model of affiliative bonding. Discussion is organized around processes of reward and memory formation that occur during approach and consummatory phases of affiliation. Appetitive and consummatory reward processes are mediated independently by the activity of the ventral tegmental area (VTA) dopamine (DA)–nucleus accumbens shell (NAS) pathway and the central corticolimbic projections of the u-opiate system of the medial basal arcuate nucleus, respectively, although these two projection (...) systems functionally interact across time. We next explicate the manner in which DA and glutamate interact in both the VTA and NAS to form incentive-encoded contextual memory ensembles that are predictive of reward derived from affiliative objects. Affiliative stimuli, in particular, are incorporated within contextual ensembles predictive of affiliative reward via: (a) the binding of affiliative stimuli in the rostral circuit of the medial extended amygdala and subsequent transmission to the NAS shell; (b) affiliative stimulus-induced opiate potentiation of DA processes in the VTA and NAS; and (c) permissive or facilitatory effects of gonadal steroids, oxytocin (in interaction with DA), and vasopressin on (i) sensory, perceptual, and attentional processing of affiliative stimuli and (ii) formation of social memories. Among these various processes, we propose that the capacity to experience affiliative reward via opiate functioning has a disproportionate weight in determining individual differences in affiliation. We delineate sources of these individual differences, and provide the first human data that support an association between opiate functioning and variation in trait affiliation. Key Words: affiliation corticolimbic-striatal networks; appetitive and consummatory reward; dopamine; oxytocin; personality; social bonds; social memory; u-opiates. (shrink)