By analyzing the feminist debates on Hans-Georg Gadamer, the author shows that feminist critics point to the need either to supplement or to replace Gadamer's philosophy with a greater sensitivity to the historical implications of women's experience. Thus, they are of the view either that Gadamer's philosophy has yet to come to terms with specific historical situations or that Gadamer's philosophy cannot come to terms with historical situatedness per se. The author contends that Gadamer's femi-nist critics do not locate the (...) source of his residual transcendentalism where it should be located: in the account of aesthetic judgment as a "pure feeling" that underpins his entire philosophy. This has the effect, of appearing to preserve aesthetic judgment as "pure feeling" as an apparently innocent remedy, to which some of his feminist critics actually appeal in opposition to his transcendentalism. The author argues, to the contrary, that aesthetic judgment, as a "pure feeling," is at once too com-plicit in the tradition that feminists seek to engage with, traditionally too insubstantial to make a rich resource for a feminist critique of that tradition, and ultimately too traditionally male-centered to be easily coopted by a feminist philosopher. (shrink)

We have all been victims of wrongdoing. Forgiving that wrongdoing is one of the staples of current pop psychology dogma; it is seen as a universal prescription for moral and mental health in the self-help and recovery section of bookstores. At the same time, personal vindictiveness as a rule is seen as irrational and immoral. In many ways, our thinking on these issues is deeply inconsistent; we value forgiveness yet at the same time now use victim-impact statements to argue for (...) harsher penalties for criminals. Do we have a right to hate others for what they have done to us? Providing a nuanced approach to a proper understanding of the place of our strongest emotions in moral, political, and personal life, and using lucid, easily understood prose, this volume is a classic example of philosophical thinking applied to a thorny, everyday problem. (shrink)

Based on a series of lectures delivered at the University of Virginia in October 1981. Includes bibliographical references and index.

This paper presents a framework for board self-evaluation based on a model grounded in the governance and team effectiveness literatures. It develops arguments for the creation of board effectiveness committees that are assigned responsibility for evaluating board construction, activities and outputs and the fit of these factors to environmental conditions. It presents the board effectiveness committee as an important element in the governance process.

‘Pupil voice’ is a movement within state education in England that is associated with democracy, change, participation and the raising of educational standards. While receiving much attention from educators and policy makers, less attention has been paid to the theory behind the concept of pupil voice. An obvious point of theoretical departure is the work of Jürgen Habermas, who over a number of decades has endeavoured to develop a theory of democracy that places strong significance on language, communication and discourse. (...) This paper is an attempt to gauge the usefulness of Habermas’ approach to understanding the theory of pupil voice, in particular how his theory of universal pragmatics lends itself to a ‘philosophy of between’, a philosophy that finds echoes in the conflicted nature of schooling that ‘pupil voice’ is supposed to rectify to some extent. The paper also explores the drawbacks of a Habermasian approach, in particular his overreliance on rationality as a way of understanding communication. Lacan’s concept of the objet petit a is introduced as an alternative way of understanding pupil voice. (shrink)

This text presents and comments on 80 exemplary ethics statements from leading corporations and organizations worldwide. It offers these seven principles to follow in developing such statements: write it; tailor it; communicate it; promote it; revise it; live it; and enforce/reinforce it.

Human rights declarations are instruments used to introduce universal standards of ethics. The UN’s Protect, Respect, and Remedy Framework (Ruggie, Protect, respect, and remedy: A Framework for business and human rights. UN Doc A/HRC/8/5, 2008; Guiding principles on business and human rights: Implementing the United Nations “Protect, Respect, and Remedy” framework. UN Doc A/HRC/17/31, 2011) intends to provide guidance for corporate behavior in regard to human rights. This article applies concepts from the field of organizational justice to the arena of (...) business and human rights for the purpose of operationalizing the UN Framework. This approach facilitates the recognition of gaps between perceptions of justice held by stakeholders versus businesses and/or the State. Such recognition raises the potential for addressing issues that lead to divergent perceptions of justice, thus potentially improving the human rights performance of businesses. The research also shows the potential for complicity of businesses in human rights abuses and exposes a fundamental weakness in the UN Framework, which attempts to draw a sharp distinction between duties of States versus responsibilities of business. We illustrate this approach through analysis of the case of Goldcorp’s Marlin Mine in Guatemala; an extractive industry project that affects indigenous communities. (shrink)

Spontaneous abortion is rarely addressed in moral evaluations of abortion. Indeed, 'abortion' is virtually always taken to mean only induced abortion. After a brief review of medical aspects of spontaneous abortion, I attempt to articulate the moral implications of spontaneous abortion for the two poles of the abortion debate, the strong pro-abortion and the strong anti-abortion positions. I claim that spontaneous abortion has no moral relevance for strict pro-abortion positions but that the high incidence of spontaneous abortion is not (as (...) some claim) eo ipso any sort of justification for voluntarily induced abortion. Secondly, I show that if the strict anti-abortionist position is to be taken seriously in its insistence that prenatal life has a right to be protected by virtue of its being conceived, then it seems necessary to take measures to prevent spontaneous abortion and its presumptive causes, and this as a matter of moral obligation. (shrink)

Some commentators indirectly challenge the ethics of using synthetic gametes as a way for same-sex couples to have children with shared genetics. These commentators typically impose a moral burden of proof on same-sex couples they do not impose on opposite-sex couples in terms of their eligibility to have children. Other commentators directly raise objections to parenthood by same-sex couples on the grounds that it compromises the rights and/or welfare of children. Ironically, the prospect of synthetic gametes neutralises certain of these (...) objections, insofar as they would ensure that children have parents whom they can know as their genetic parents, which outcome is not always possible when same-sex couples involve third parties as the source of gametes or embryos. Not all commentators in bioethics throw the use of synthetic gametes into doubt as far as same-sex couples are concerned, but even these commentators put parenting by gay men and lesbians at the conclusion of an argument rather than presupposing parental legitimacy from the outset. Synthetic gametes do raise questions of ethics in regard to parenthood for gay men and lesbians, but these are largely questions of access and equity, not questions of parental fitness and/or child welfare. (shrink)

In this paper, we present a Capabilities -based Approach to the acceptability and the tolerability of risks posed by natural and man-made hazards. We argue that judgments about the acceptability and/or tolerability of such risks should be based on an evaluation of the likely societal impact of potential hazards, defined in terms of the expected changes in the capabilities of individuals. Capabilities refer to the functionings, or valuable doings and beings, individuals are able to achieve given available personal, material, and (...) social resources. The likely impact of a hazard on individuals’ capabilities should, we argue, be compared against two separate thresholds. The first threshold specifies the minimum level of capabilities attainment that is acceptable in principle for individuals to have in the aftermath of a hazard over any period of time. This threshold captures the level that individuals’ capabilities ideally should not fall below. A risk is acceptable if the probability that the attained capabilities will be less than the acceptable level is sufficiently small. In practice, it can be tolerable for some individuals to temporarily fall below the acceptable threshold, provided this situation of lower capabilities attainment is temporary, reversible, and the probability that capabilities will fall below a tolerability threshold is sufficiently small. This second, tolerable threshold delimits an absolute minimum level of capabilities attainment below which no individual in a society should ever fall, regardless of whether that level of capabilities attainment is temporary or reversible. In this paper, we describe and justify this Capabilities -based Approach to the acceptability and tolerability of risks. We argue that the proposed theoretical framework avoids the limitations in current approaches to acceptable risk. The proposed approach focuses the attention of risk analysts directly on what should be our primary concern when judging the acceptability and the tolerability of risks, namely, how risks impact the well-being of individuals in a society. Also, our Capabilities -based Approach offers a transparent, easily communicable way for determining the acceptability and the tolerability of risks. (shrink)

The contributors to this book draw upon their unique insights and research experience to address fundamental questions, including: What forms does the will take ...

The debate over scientific or critical realism is characterized by confusion, which I claim is a result of approaching the issue from both modern and ‘postmodern’ perspectives. Modern thought is characterized by foundationalism in epistemology and representationalism in philosophy of language, while holism in epistemology and the theory of meaning as use in philosophy of language are postmodern. Typical forms of scientific realism (which seek referents for theoretical terms or correspondence accounts of the truth of scientific theories) are positions at (...) home only in a modern framework. Postmodern presuppositions of other participants in the debate account for the ability of opponents to talk past one another. (shrink)

Philosophy of psychiatry has boomed in the last few years. We are now seeing a growing literature on the nature of psychiatric explanation, including work that makes contact with longstanding disputes in the philosophy of science as well as more specific work on mental disorders. This paper looks at some recent work on both representing and explaining mental illness. An emerging picture sees explanation of mental disorder as first constructing causal-statistical networks that represent disease pathways as they unfold in time, (...) and then choosing strategies for causal explanation. The epistemic problems in psychiatry are huge, and they arise from the extreme variety in the causes and trajectories of mental disorders across patients. Existing concepts of levels of explanation and mechanism may seem like an obvious epistemic armoury, but they may not fit psychiatry very well, and philosophical theories of psychiatric explanation stress different ways of trying to understand robust patterns amid the individual variation. (shrink)

I argue that international criminal trials can contribute to political reconciliation by fostering the social conditions required for law’s efficacy.

The collection as a whole will extend the mutual creative interaction among the sciences, philosophy, and theology.

Professional standards in medicine and psychology treat concurrent sexual relationships with patients as violations of fiduciary trust, and they sometimes rule out sexual relationships even after a clinical relationship is over. These standards also rule out sex with research subjects who are also patients, but what about nonclinical relationships where there are not always parallels to the standards of clinical medicine? One way to treat sex in nonclinical research relationships is to treat it as sex is treated elsewhere among adults, (...) as a matter of individual choice and responsibility. Alternately, one could ask oversight bodies to draw lines between research that can safely accommodate sexual relationships and research that cannot. One could even ask researchers to avoid all concurrent sexual relationships with their research participants, as happens in clinical medicine. Each of these options has drawbacks that undermine its value as a definitive solution. The deficiencies of these options highlight the need for a professional code of conduct for nonclinical researchers. (shrink)

The aim of this paper is to both consider what is meant by ‘responsible business’ and to explore pedagogical approaches which have been shown to lead toeffective student engagement with this important area of modern business thinking and practice. The goal of experiential learning is to encourage students to reflect upon the complexities of responsible business education in authentic business contexts. The range of pedagogies which enable this sort of reflection is thought to be quite wide, and can include internships, (...) practical projects, case-studies, group-work, and observing and participating in artistic performances or cultural events. (shrink)

Critical realism is a problematic philosophical doctrine that unnecessarily complicates attempts to relate theology and science. A more satisfactory approach employs the scientific methodology of Imre Lakatos for the reconstruction of theology along scientific lines. Theological research programs would automatically include auxiliary hypotheses of both theological and scientific origin.

Ecofeminist philosophy and literary theory need mutually to enhance each other's critical praxis. Ecofeminism provides the grounding necessary to turn the Bakhtinian dialogic method into a critical theory applicable to all of one's lived experience, while dialogics provides a method for advancing the application of ecofeminist thought in terms of literature, the other as speaking subject, and the interanimation of human and nonhuman aspects of nature. In the first part of this paper the benefits of dialogics to feminism and ecofeminism (...) are explored; in the second part dialogics as method is detailed; in the third part literary examples are discussed from a dialogical ecofeminist perspective. (shrink)

To become fully aware of the original and radical character of his transcendental phenomenology Edmund Husserl must be located within the historical tradition of Western philosophy. Although he was not a historian of philosophy, Husserl's his torical reflections convinced him that phenomenology is the necessary culmination of a centuries-old endeavor and the solution to the contemporary crisis in European science and European humanity itself.l This teleological viewpoint re quires the commentator to consider the tradition of Western philosophy from Husserl's own (...) perspective. Husserl maintained that the Cartesian tum to the "Cogito" represents the crucial breakthrough in the historical advance of Western thought toward philosophy as rigorous science. Hence 2 he concentrated almost exclusively on the modem era. Much has been written of Husserl's relationship to Descartes, Kant, and the neo-Kantians. His connections with Locke, Berkeley, and Hume have not been examined as closely despite his fre quent allusions to these British empiricists. Among these thinkers David Hume gained from Husserl the more extensive considera tion. Commentators have pointed out correctly that Husserl always criticized unsparingly Hume's sheer empiricistic approach to the problem of cognition. Such an approach, in Husserl's view, can only result in the "naturalization of consciousness" from which stem that "psychologism" and "sensualism" which lead Hume inevitably into the contradictory impasse of solipsism 3 and skepticism. (shrink)

Within philosophy there has been little discussion of the risks associated with natural events such as earthquakes. The first objective of this paper is to demonstrate why such risks should be the subject of more sustained philosophical interest. We argue that we cannot simply apply to risks associated with natural events those insights and frameworks for moral evaluation developed in the literature considering ordinary risks, technological risks and the risks posed by anthropogenic climate change. The second objective of this paper (...) is to identify and develop a framework for the moral evaluation of the source of the risks associated with natural events, or the actions which sustain and impact such risks. Our discussion concentrates on the ways the construction and modification of built and natural environments can alter the probability of occurrence of natural events and the character and magnitude of the impact that such events have. We then argue for the need to develop a standard of reasonable care for decisions about the built and modified natural environment, which accounts for technical and resource constraints, as well as the place of natural hazard mitigation in public policy. (shrink)

Conceivability is an important source of our beliefs about what is possible; inconceivability is an important source of our beliefs about what is impossible. What are the connections between the reliability of these sources? If one is reliable, does it follow that the other is also reliable? The central contention of this paper is that suitably qualified the reliability of inconceivability implies the reliability of conceivability, but the reliability of conceivability fails to imply the reliability of inconceivability.

Some critics of same-sex marriage allege that this kind of union not only betrays the nature of marriage but that it also opens children to various kinds of harm. Same-sex marriage is objectionable, on this view, in its nature and in its effects. A view of marriage as requiring an unassisted capacity to conceive children may be respect as one idea of marriage, but this view need not be understood as marriage itself. It is not clear, in any case, why (...) government should prefer this one idealized view of marriage over other others, so long as recognition of other kinds of marriage do not stand in the way of government carrying out its core interests, such as the protection of children. The idea that children are necessarily harmed when conceived by and for same-sex couples cannot be sustained as a matter of psychological evidence or moral argument. No research shows that such children are routinely harmed or rarely-but-catastrophically. Comparative accounts of the welfare of children of same-sex couples cannot show either that children must be brought into existence only under ideal circumstances. (shrink)

For a long time, it seemed that Aristotelians and Kantians had little to say to each other. When Kant the moralist was known in the English-speaking world primarily from his Groundwork and his Critique of Practical Reason, Kant's conceptual vocabulary of “duty,” “law,” “maxim,” and “morality” appeared quite foreign to Aristotle's “virtue,” “end,” “good,” and “character.” Yet ever since philosopher Mary Gregor's Laws of Freedom, published in 1963, made Kant's The Metaphysics of Morals central to the interpretation of his ethical (...) thought, it has become clear that such “Aristotelian” terms as virtue, end, good, happiness, and character are also central to Kant. Aristotelians and Kantians now see that they have plenty to say to each other, and they have gone from being adversaries to sharing a sometimes unprincipled urge to merge central aspects of Aristotle's and Kant's ethical thought. (shrink)

The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment – which can plausibly be considered (...) a form of consent – that makes political institutions practically authoritative. (shrink)

In this paper I am merely analysing the meaning of Phaedo 99–107 without discussing either its historical significance or its value as a contribution to the logic of science. The paper attempts in fact to be little more than a paraphrase of the Greek, which aims only at accuracy of statement, but I am adding in the third section a note on the relation of this passage to the discussion of method in Republic VI, mainly in order to minimize its (...) relevance. The first section of the paper deals with the linguistic analysis of the text, the second, very sketchily, with the general doctrine. (shrink)

There are no technologies at the present time that would allow parents to select the sexual orientation of their children. But what if there were? Some commentators believe that parents should be able to use those techniques so long as they are effective and safe. Others believe that these techniques are unethical because of the dangers they pose to homosexual men and women in general. Both sides point to motives and consequences when trying to analyse the ethics of this question. (...) These arguments are reviewed, and it is concluded that opponents of these technologies have not shown good reason why the law or policy should override parental choice in this matter. In general, therefore, if technologies become available to choose the sexual orientation of children, parents should be allowed to use them, provided they are safe and disrupt no interest of the child. This use will, at the very least, protect homosexual children from parents who do not want them, but it will also allow parents who want homosexual children to make that choice as well. (shrink)

There is a widely acknowledged need for a single composite index that provides a comprehensive picture of the societal impact of disasters. A composite index combines and logically organizes important information policy-makers need to allocate resources for the recovery from natural disasters; it can also inform hazard mitigation strategies. This paper develops a Disaster Impact Index (DII) to gauge the societal impact of disasters on the basis of the changes in individuals’ capabilities. The DII can be interpreted as the disaster (...) impact per capita. Capabilities are dimensions of individual well-being and refer to the genuine opportunities individuals have to achieve valuable states and activities (such as being adequately nourished or being mobile). After discussing the steps required to construct the DII, this article computes and compares the DIIs for two earthquakes of similar magnitude in two societies at different levels of development and of two disasters (earthquake and wind storm) in the same society. (shrink)

Bioconservative commentators argue that parents should not take steps to modify the genetics of their children even in the name of enhancement because of the damage they predict for values, identities and relationships. Some commentators have even said that adults should not modify themselves through genetic interventions. One commentator worries that genetic modifications chosen by adults for themselves will undermine moral agency, lead to less valuable experiences and fracture people's sense of self. These worries are not justified, however, since the (...) effects of modification will not undo moral agency as such. Adults can still have valuable experiences, even if some prior choices no longer seem meaningful. Changes at the genetic level will not always, either, alienate people from their own sense of self. On the contrary, genetic modifications can help amplify choice, enrich lives and consolidate identities. Ultimately, there is no moral requirement that people value their contingent genetic endowment to the exclusion of changes important to them in their future genetic identities. Through weighing risks and benefits, adults also have the power to consent to—and assume the risks of—genetic modifications for themselves in a way not possible in prenatal genetic interventions. (shrink)

It is often claimed that John Finnis's natural law theory is detachable from the ultimate theistic explanation that he offers in the final chapter of Natural Law and Natural Rights . My aim in this paper is to think through the question of the detachability of Finnis's theistic explanation of the natural law from the remainder of his natural law view, both in Natural Law and Natural Rights and beyond. I argue that Finnis's theistic explanation of the natural law as (...) actually presented can be, without too much strain, treated as largely detachable in the way that his readers have by and large supposed it to be; indeed, Finnis's account as actually presented really amounts to no explanation of the natural law at all, theistic or otherwise, and that fact accounts in part for the ease with which Finnis's natural law view can be detached from theism of that final chapter. Nevertheless, the considerations raised in that chapter militate in favor of a much more thoroughgoing, largely nondetachable theistic account. And it is just such an account that we find Finnis affirming in the development of his views after Natural Law and Natural Rights. (shrink)