A selection of important writings which together suggest that legal philosophy is the nerve of legal reasoning.

A selection of important writings which together suggest that legal philosophy is the nerve of legal reasoning.

Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.

The book contains twelve essays by Stephen Holmes, Frances M. Kamm, Mária Ludassy, Steven Lukes, Gyorgy Markus, András Sajó, Gáspár Miklós Tamás, Andrew Arato, Timothy Garton Ash, Béla Greskovits, Will Kymlicka, and Aleksander Smolar. The studies explore a wide scope of subjects that belong to disciplines ranging from moral philosophy, through theory of human rights, democratic transition, constitutionalism, to political economy. The common denominator of the studies collected is their reference to the scholarly output of János Kis, in honor of (...) his sixtieth birthday. János Kis is a distinguished political philosopher who, after many years spent as a dissident under the Communist regime, emerged as an important political figure in Hungary's transition to democracy. Currently he is University Professor of Philosophy at Central European University, Budapest. (shrink)

In the first part of this article, I raisequestions about Dworkin''s theory of theintrinsic value of life and about the adequacyof his proposal to understand abortion in termsof different ways of valuing life. In thesecond part of the article, I consider hisargument in ``The Philosophers'' Brief on AssistedSuicide'''', which claims that the distinctionbetween killing and letting die is morallyirrelevant, the distinction between intendingand foreseeing death can be morally relevantbut is not always so. I argue that thekilling/letting die distinction can (...) be relevantin the context of assisted suicide, but alsoshow when it is not. Then I consider why theintention/foresight distinction can be morallyirrelevant and conclude by presenting analternative argument for physician-assistedsuicide. (shrink)

In the first part of this article, I raise questions about Dworkin's theory of the intrinsic value of life and about the adequacy of his proposal to understand abortion in terms of different ways of valuing life. In the second part of the article, I consider his argument in "The Philosophers' Brief on Assisted Suicide", which claims that the distinction between killing and letting die is morally irrelevant, the distinction between intending and foreseeing death can be morally relevant but (...) is not always so. I argue that the killing/letting die distinction can be relevant in the context of assisted suicide, but also show when it is not. Then I consider why the intention/foresight distinction can be morally irrelevant and conclude by presenting an alternative argument for physician-assisted suicide. (shrink)

This chapter contains section titled: I Argument II “The Philosopher's Brief” Arguments Acknowledgement.

Aristotle's De Anima is the first systematic philosophical account of the soul, which serves to explain the functioning of all mortal living things. In his commentary, Ronald Polansky argues that the work is far more structured and systematic than previously supposed. He contends that Aristotle seeks a comprehensive understanding of the soul and its faculties. By closely tracing the unfolding of the many-layered argumentation and the way Aristotle fits his inquiry meticulously within his scheme of the sciences, Polansky answers (...) questions relating to the general definition of soul and the treatment of each of the soul's principal capacities: nutrition, sense perception, phantasia, intellect, and locomotion. The commentary sheds light on every section of the De Anima and the work as a unit. It offers a challenge to earlier and current interpretations of the relevance and meaning of Aristotle's highly influential treatise. (shrink)

The potential for dual use of research in the life sciences to be misused for harm raises a range of problems for the scientific community and policy makers. Various legal and ethical strategies are being implemented to reduce the threat of the misuse of research and knowledge in the life sciences by establishing a culture of responsible conduct.

In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent (...) to the scientific method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

A primary issue in the field of business and society over the past 25 years has been the relationship between corporate social performance and corporate financial performance. Recently, Griffin and Mahon (1997) presented a table categorizing studies that have investigated this relationship. Motivated by concerns with this table, as well as a desire to account for progress in research in this area, the authors reconstructed it. The authors present a portrait of this relationship that is (a) substantially different from that (...) shown in the Griffin and Mahon table and (b) more consistent with the latest research on the topic. (shrink)

The Theaetetus provides Plato's fullest discussion of human knowledge and is a rich vehicle for reflection upon its topic. Polansky's commentary demonstrates that the dialogue in fact holds the complete Platonic account of knowledge -- an account which is as sophisticated as any offered by contemporary philosophers.

In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. In his late work Religion Within the Limits of Reason Alone, Kant charts out these doctrines in a manner that represents a fresh development in his own thinking on moral and relgious matters, (...) apparently at variance with the mainstream Enlightenment outlook which Kant otherwise embodies. His position appears to amount to a retrieval of the supposedly outmoded Christian doctrine of original sin, and this ambivalence is seen to stem from his desire to do justice both to the Protestant Christian, and the Enlightenment rationalist, tradition, which weigh equally heavily upon him. In this study Professor Michalson attempts to clarify the complex tangle of issues connected with Kant's doctrines of radical evil and moral regeneration, and to set the problems resulting from these doctrines in an interpretive framework that tries to make sense of the instability of his overall position. (shrink)

Ronald Dworkin argues on the basis of a theory of well-being that critical paternalism is self-defeating. People must endorse their lives if they are to benefit. This is the endorsement constraint and this paper rejects it. For certain kinds of important mistakes that people can make in their lives, the endorsement constraint is either incredible or too narrow to rule out as much paternalism as Dworkin wants. The endorsement constraint cannot be interpreted to give sensible judgements when (...) people change their minds about the value of their lives. And the main argument for the endorsement constraint, which is based on the value of integrity, does not support Dworkin's anti-paternalism. (shrink)

The purpose of the study was to assess medical journals’ conflicts of interest in the publication of book reviews. We examined book reviews published in 1999, 2000, and 2001 in five leading medical journals: Annals of Internal Medicine, British Medical Journal, Journal of the American Medical Association, Lancet, and New England Journal of Medicine. The main outcome measure was journal publication of reviews of books that had been published by the journal’s own publisher, that had been edited or authored by (...) a lead editor of the journal, or that posed another conflict of interest. We also surveyed the editors-in-chief of the five journals about their policies on these conflicts of interests. During the study period, four of the five journals published 30 book reviews presenting a conflict of interest: nineteen by the BMJ, five by the Annals, four by JAMA, and two by the Lancet. These reviews represent 5.8%, 2.7%, 0.7%, and 0.7%, respectively, of all book reviews published by the journals. These four journals, respectively, published reviews of 11.9%, 25.0%, 0.9%, and 1.0% of all medical books published by the journals’ publishers. Only one of the 30 book reviews included a disclosure statement addressing the conflict of interest. None of the journals had a written policy pertaining to the conflicts of interest assessed in this study, although four reported having unwritten policies. We recommend that scientific journals and associations representing journal editors develop policies on conflicts of interest pertaining to book reviews. (shrink)

The claim that " Everyone's doing it" is frequently offered as a reason for engaging in behavior that is widespread but less-than-ideal. This is particularly true in business, where competitors' conduct often forces hard choices on managers. When is the claim " Everyone's doing it" a morally valid reason for following others' lead? This discussion proposes and develops five prima facie conditions to identify when the existence of prevalent but otherwise undesirable behavior provides a moral justification for our engaging in (...) such behavior ourselves. The balance of the discussion focuses on testing these conditions by applying them to aseries of representative cases in business ethics. (shrink)

It has long been recognized that Soren Kierkegaard's Fear and Trembling is a cryptogram. Encoded within a series of reflections and commentaries on Genesis 22 is a deeper message directed at a reader or readers presumably capable of deciphering the hidden meaning. That this is true is suggested by the book's epigraph: ‘What Tarquinius Superbus said in the garden by means of the poppies, the son understood but the messenger did not.’.

Aristotle's Nicomachean Ethics is the first and arguably most important treatise on ethics in Western philosophy. It remains to this day a compelling reflection on the best sort of human life and continues to inspire contemporary thought and debate. This Cambridge Companion includes twenty essays by leading scholars of Aristotle and ancient philosophy that cover the major issues of this text. The essays in this volume shed light on Aristotle's rigorous and challenging thinking on questions such as: can there be (...) a practical science of ethics? What is happiness? Are we responsible for our character? How does moral virtue relate to good thinking? Can we act against our reasoned choice? What is friendship? Is the contemplative life the highest kind of life? Covering all sections of the Nicomachean Ethics and selected topics in Aristotle's Eudemian Ethics and Protrepticus, this volume offers the reader a solid foundation in Aristotle's ethical philosophy. (shrink)

This discussion is a critical assessment of the methods employed by some leading writers in the field of bioethics. The author agrees with those in the field who regard its primary or essential method as moral philosophy, but he nevertheless finds a prevalent tendency among bioethical writers merely to apply received moral principles to issues and to avoid penetrating theoretical analysis, even when such analysis is unavoidably required. He explains these deficiencies in terms of the exigencies of interdisciplinary work and (...) the affinity of much early bioethics with policy- or legislatively-oriented "public ethics". The discussion ends with a call for increased theoretical sophistication in this field. Keywords: bioethics, ethics, medical ethics, method CiteULike Connotea Del.icio.us What's this? (shrink)

Until recently, genetics counselors and medical geneticists considered themselves lucky if they could provide parents with predictive information about a small number of severe genetic disorders. Testing and counseling were indicated primarily for conditions of thithis s sort. Out of respect for the autonomy of parental reproductive decision making, the prevailing ethic of genetic counseling stressed nondirectiveness and value neutrality As summarized by Arthur Caplan, the hallmarks of this stance includea willingness to provide testing and counseling to all who voluntarily (...) seek it, the presentation of information concerning findings in a manner that is balanced and comprehensible to patients or clients, the fair and balanced presentation of all options for action if a problem is discovered, a willingness to answer all questions asked by those seeking services, and an obligation to protect privacy and confidentiality at all times regardless of societal needs or benefits. (shrink)

When does benefiting from others’ wrongdoing effectively make one a moral accomplice in their evil deeds? If stem cell research lives up to its therapeutic promise, this question (which has previously cropped up in debates over fetal tissue research or the use of Nazi research data) is likely to become a central one for opponents of embryo destruction. I argue that benefiting from wrongdoing is prima facie morally wrong under any of three conditions: (1) when the wrongdoer is one’s agent; (...) (2) when acceptance of benefit directly encourages the repetition of the wrongful deed (even though no agency relationship is involved); and (3) when acceptance of a benefit legitimates a wrongful practice. I conclude by showing that, because of the ways in which most embryonic stem cell lines come into being, people who oppose embryo destruction may use human embryonic stem cells without incurring moral blame. (shrink)

Until recently, genetics counselors and medical geneticists considered themselves lucky if they could provide parents with predictive information about a small number of severe genetic disorders. Testing and counseling were indicated primarily for conditions of thithis s sort. Out of respect for the autonomy of parental reproductive decision making, the prevailing ethic of genetic counseling stressed nondirectiveness and value neutrality As summarized by Arthur Caplan, the hallmarks of this stance includea willingness to provide testing and counseling to all who voluntarily (...) seek it, the presentation of information concerning findings in a manner that is balanced and comprehensible to patients or clients, the fair and balanced presentation of all options for action if a problem is discovered, a willingness to answer all questions asked by those seeking services, and an obligation to protect privacy and confidentiality at all times regardless of societal needs or benefits. (shrink)

For more than 30 years, beginning with the Reagan administration's refusal to support and provide oversight for embryo research, and continuing to the present in congressionally imposed limits on funding for such research, progress in infertility medicine and the development of stem cell therapies has been seriously delayed by a series of political interventions. In almost all cases, these interventions result from a view of the moral status of human embryo premised largely on religious assumptions. Although some believe that these (...) interventions are valid expressions of religious values in the public sector, it is argued here that they, in fact, contradict Rawls's conception of public reasoning. Both the prohibition of research involving the human embryo as well as bans on federal funding for embryo-related research place the particular religious views of some citizens above the pressing health needs of almost all, and thus violate the ideal of civility implicit in the Rawlsian standard. (shrink)

In the literature of philosophy and religious ethics, Kierkegaard's Fear and Trembling has, with few exceptions, been read as a work focused on ethical questions concerning the norms governing human conduct. However, ethical readings of this book not only miss important features of the text, they render its argument internally incoherent. These problems disappear when Fear and Trembling is understood primarily as a discussion of Christian soteriology that symbolically uses the Abraham story to develop the classical Pauline -Lutheran doctrine of (...) justification through faith alone. (shrink)

This updated edition of a well-established anthology of social and political philosophy combines extensive selections from classical works with significant recent contributions to the field, many of which are not easily available. Its central focus is on the liberal currents in modern Western political thought--variants of classical liberalism, modern liberalism, and libertarianism--with specific focus on differing conceptions of political obligation, freedom, distributive justice, and representative democracy. The text is organized into four thematic sections: Political Obligation and Consent, Freedom and Coercion, (...) Justice and Equality, and Democracy and Representation, making it easily accessible to students. Each chapter features selections from classical thinkers alongside writings by influential contemporary philosophers and political theorists, thus tracing the historical development and transformation of Western political thought on key issues in the field. Among the classical authors represented in this collection are Plato, Hobbes, Locke, Rousseau, and Mill. Contemporary contributors include John Rawls, Isaiah Berlin, Thomas Scanlon, Robert Nozick, Thomas Nagel, Ronald Dworkin, and Hanna Pitkin. Each section is preceded by an introductory overview and followed by a helpful, current bibliography providing guides to further reading. (shrink)

This paper contends that work in business ethics participates in two key aspects of the broad philosophical and aesthetic movement known as postmodernism. First, Iike postmodernists generally, business ethicists reject the “grand narratives” of historical and conceptual justification, especially the narratives embodied in Marxism and Mitton Friedman’s vision of unfettered capitalism. Second, both in the methods and content of their work, business ethicists share postmodernism’s “de-centering” of perspective and discovery of “otherness,” “difference” and marginality as valid modes of approach to (...) experience and moral decision. (shrink)

The book discusses a democratic legitimation for modern law. Debates on Europeanisation are taken into account. Ronald Dworkin's, Neil MacCormick's and Jürgen Habermas's standpoints on relations between the law and the public sphere are investigated. Concepts of self-reflexive polity, self-constitutionalisation, constitutional patriotism are analysed.