Using the work of Robert A. Kagan's intellectual contribution on the intensification of law, leading authorities in the study of the politics of regulation and litigation examine the consequences of the expansion and intensification of law, both in the United States and the rest of the world. Part One considers bureaucratic legalism, a terrain in which popular and political discourse often conceives as a pitched battle between business and government, and in which claims about quantity—"too much" and "too little"—take center (...) stage. Here, the contributors examine the many ways in which regulators and the regulated cooperate, and the extent to which regulated entities internalize norms and practices associated with bureaucratic. Part Two considers adversarial legalism, a term that even among academics is often reduced to "litigiousness." The chapters in this section show that adversarial legalism is a much more complex, contingent, and multi-sided phenomenon than the popular debate over litigiousness suggests. Part III examines Kagan's core concepts in a comparative framework. Although some sometimes treat adversarial legalism as an American disease, scholars are increasingly finding it proliferating elsewhere, and debating whether it can take a prominent role in nations quite different in tradition and political structure from the United States. Across the globe, law and legalism in all its forms, bureaucratic and adversarial, is becoming more intense, and thus more central to politics, public policy and everyday life. The consequences are profound. Yet commentary is often stuck on old questions. Does the intensification of law reflect the withering of other social institutions? Is it a sign of moral decay? Or is it, on another account, signaling a new era of respect for universal human rights? The Politics of Legalism takes us instead in directions relatively unexplored by both scholars and popular commentators on law. Like Kagan's scholarship, it moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st Century. (shrink)

The essays in this collection address different aspects of Dewey's philosophy of logic, from his work at the beginning of the twentieth century to the culmination of his logical thought in the 1938 volume, Logic: The Theory of Inquiry.

The limited aim here is to explain what John Dewey might say about the formulation of the grue example. Nelson Goodman’s problem of distinguishing good and bad inductive inferences is an important one, but the grue example misconstrues this complex problem for certain technical reasons, due to ambiguities that contemporary logical theory has not yet come to terms with. Goodman’s problem is a problem for the theory of induction and thus for logical theory in general. Behind the whole discussion of (...) these issues over the last several decades is a certain view of logic hammered out by Russell, Carnap, Tarski, Quine, and many others. Goodman’s nominalism hinges in essential ways on a certain view of formal logic with an extensional quantification theory at its core. This raises many issues, but the one issue most germane here is the conception of predicates ensconced in this view of logic. (shrink)

This essay explores the nature and neurological basis of creativity in technical production. After presenting a model of expert technical cognition based in cognitive anthropology and cognitive psychology, the authors propose that craft production has three inherent sources of novelty — procedural drift, serendipitous error and fiddling. However, these are quite limited in their creative potential, which may help explain the virtual absence of innovation over the long millennia of the Palaeolithic. Innovation can be far more rapid and effective via (...) invention, which requires folk theories of causation and adequate working memory capacity, all fairly recent evolutionary developments. The neurological basis of expert technical cognition lies in well-known cortical and sub-cortical structures, but recent research has established a provocative role for the cerebellum in the formulation of novel arrangements. (shrink)

This article reports the results of a study of attitudes of future business executives towards issues of social responsibility and business ethics. The 455 respondents, who were MBA students during 1985 at one dozen schools from various regions in the United States, were asked to respond to a series of open-ended and closed-ended questions. From the responses to the questions the authors were able to conclude that future executives display considerable sensitivity, though to varying degrees, towards ethical issues in business. (...) Women, in particular, tend to evince strong feelings regarding such issues. (shrink)

This article charts the ways in which students negotiate an academic identity whilst pursuing academic tasks that are publicly observable precisely as ‘academic tasks’ to their peers. Previous research into aspects of student interaction that take place within university tutorial sessions has suggested that different kinds of student identity come into conflict as students interact, face-to-face. Most notably, the imperative of ‘doing education’ — as a keen proto-academic seeking a good final degree classification — is often overridden by the imperative (...) of ‘doing being a student’ — as an average and/or indifferent student who does not stand out. In this article, however, it is not the university tutorial but a slightly different and hitherto unexplored site of interaction that is foregrounded: the university library textbook. As with tutorials, the margins of library textbooks are spaces within which individually accomplished research becomes publicly observable — in the former as group work, and in the latter as student marginalia. Drawing on discourse analytic concepts such as ‘footing’ and ‘stake’ this article seeks to understand what student marginalia can tell us about the ways in which the tension between ‘doing education’ and ‘doing being a student’ is managed and negotiated in sites other than the university tutorial. (shrink)

This paper presents the results of a study of the effect of a business ethics course in enhancing the ability of students to recognize ethical issues. The findings show that compared to students who do not complete such a course, students enrolled in a business ethics course experience substantial improvement in that ability.

F. Thomas Burke believes that pragmatism, especially as it has been employed in politics and social action, needs a reassessment. He examines the philosophies of William James and Charles S. Peirce to determine how certain maxims of pragmatism originated. Burke contrasts pragmatism as a certain set of beliefs or actions with pragmatism as simply a methodology. He unravels the complex history of this philosophical tradition and discusses contemporary conceptions of pragmatism found in current US political discourse and (...) explains what this quintessentially American philosophy means today. (shrink)

In this paper we consider the possibility of a Quantum Molinism : such a view applies an analogue of the Molinistic account of free will‘s compatibility with God’s foreknowledge to God’s knowledge of (supposedly) indeterministic events at a quantum level. W e ask how (and why) a providential God could care for and know about a world with this kind of indeterminacy. We consider various formulations of such a Quantum Molinism, and after rejecting a number of options arrive at one (...) seemingly coherent formulation. (shrink)

The moral worth of attorneys has traditionally been judged in terms of compIiance with legal codes of ethics. These codes, ostensibly designed to promote smooth and equitable functioning of an adversary system, are manifestations of a rule utiIitarian moral system. This paper argues that ethical attorneys have a higher calling than rule compIiance and that "moral commitment," which combines commitment to "right" solutions and moral courage, is a superior yardstick for measuring their moral worth.

The moral worth of attorneys has traditionally been judged in terms of compIiance with legal codes of ethics. These codes, ostensibly designed to promote smooth and equitable functioning of an adversary system, are manifestations of a rule utiIitarian moral system. This paper argues that ethical attorneys have a higher calling than rule compIiance and that "moral commitment," which combines commitment to "right" solutions and moral courage, is a superior yardstick for measuring their moral worth.

This volume is composed of extended versions of selected papers presented at an international conference held in June 2011 at Opole University—the seventh in a series of annual American and European Values conferences organized by the Institute of Philosophy, Opole University, Poland. The papers were written independently with no prior guidelines other than the obvious need to address some aspect of George Herbert Mead’s work. While rooted in careful study of Mead’s original writings and transcribed lectures and the historical context (...) in which that work was carried out, these papers have brought that work to bear on contemporary issues in metaphysics, epistemology, cognitive science, and social and political philosophy. There is good reason to classify Mead as one of the original classical American pragmatists (along with Charles Peirce, William James, and John Dewey) and consequently as a major figure in American philosophy. Nevertheless his thought has been marginalized for the most part, at least in academic philosophy. It is our intention to help recuperate Mead’s reputation among a broader audience by providing a small corpus of significant contemporary scholarship on some key aspects of his thought. (shrink)

New Visions of the Zhuangzi edited by Livia Kohn presents thirteen different essays on the Zhuangzi that will appeal to readers from any number of different backgrounds. The eclecticism of these essays, ranging in content from neuroscience to fashion shows, highlights the ever-increasing scope and relevance of ancient Chinese works like the Zhuangzi to contemporary life and thought. Also, the enterprising move of some essays away from a traditional schools-based approach also serves as an inspiration for future scholarly work. The (...) essays will be discussed in this review by grouping several according to overlapping themes, leaving the more stand-alone contributions to be addressed last.First of all, the cripple... (shrink)

Ransomware attacks on healthcare systems are becoming more prevalent globally. In May 2021, Waikato District Health Board in New Zealand was devastated by a major attack that crippled its information technology system. The Department of Orthopaedic Surgery faced a number of challenges to the way they delivered care including, patient assessment and investigations, the deferral of elective surgery, and communication and patient confidentiality. These issues are explored through the lens of the four key principles of medical ethics in the hope (...) that they will provide some guidance to future departments who may experience such attacks. (shrink)

The objective of this research project is to develop a preliminary examination of an heuristic process ontology derived from an east-west comparative methodology. It attempts to trace the similarities and discontinuities of an ontological perspective in Friedrich Nietzsche‘s philosophy and several different strands of thought in Warring States era Chinese philosophical thought, focusing on Daoism in particular. The project traces the conclusions of these comparisons from a basic theoretical ontology to a socio-practical consideration. It concludes that in theorizing process both (...) perspectives do not rely on traditional dichotomies that are seen in Western philosophical thought, they see the world as non-deterministic and utilize correlative thinking. The research traces further considerations in the areas of epistemology and evaluation based on these points and concludes that there is no separation between epistemology-evaluation and the underlying ontology, they are direct continuations of ontology. As a last question of theory, this research examines the consequences of comparative process ontology for language, claiming that it allows us to undermine a subjective/objective dichotomy by naturalizing language. Lastly, the theoretical groundwork of this project is applied to a number of extant philosophical issues. It attempts to resolve the dichotomy of reality and appearance as a metaphysical issue, and offers an account of how socio-political and economic issues can be theorized according to such an ontology. (shrink)

The central topic of current philosophy of religion has been the meaning and the truth of the assertion that God exists. The roots of this preoccupation lie in the natural theology, and the criticism of that theology, of the eighteenth century in the West. The arguments of Hume and Kant are still the basis of contemporary discussion. While this attachment to eighteenth-century concerns may manifest a laudable sense of reverence for our ancestors, it has led the philosophy of religion into (...) lamentable delinquencies and impoverishments. (shrink)

This article reviews the practices and differing sets of attitudes North Americans have taken with respect to fairness in international trade and proposes a set of common considerations for ongoing debates about these matters. After reviewing the asymmetrical relations between Canada, the United States, and Mexico and the impact of multilateral trade agreements on bilateral trade between these countries, the article looks at four typical normative views with respect to trade held by North Americans. These views variously emphasize concerns for (...) protectionism, liberal fair play, distributive justice, and dissent in the name of the environment or the working classes. Acknowledging that the debates over what is fair are not likely to be easily resolved, we call for open political processes that allow these debates to proceed, and we identify five common points of reference that might usefully inform these debates. These comprise (1) respect for flexibility, (2) the importance of institutions, (3) greater attention to the commutative justice principles for fair exchanges and corresponding guarantees so that all countries possess basic power to bargain on their own behalf, (4) the need to find fitting balance between local, national, regional, and international trade, and (5) more concern for the ways false pricing and abusive transfer pricing distort international trading relations. (shrink)

This paper presents the results of a study of the effect of a business ethics course in enhancing the ability of students to recognize ethical issues. The findings show that compared to students who do not complete such a course, students enrolled in a business ethics course experience substantial improvement in that ability.

Carey leaves unaddressed an important evolutionary puzzle: In the absence of a numeral list, how could a concept of natural number ever have arisen in the first place? Here we suggest that the initial development of natural number must have bootstrapped on a material culture scaffold of some sort, and illustrate how this might have occurred using strings of beads.

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick Ferré. These essays, informed by the insights of Ferré and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick FerrZ. These essays, informed by the insights of FerrZ and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.

For half a century, Ernest Fortin's scholarship has charmed and educated theologians and philosophers with its intellectual search for the best way to live. Written by friends, colleagues, and students of Fortin, this book pays tribute to a remarkable thinker in a series of essays that bear eloquent testimony to Fortin's influence and his legacy. A formidable commentator on Catholic philosophical and political thought, Ernest Fortin inspired others with his restless inquiries beyond the boundaries of conventional scholarship. With essays on (...) subjects ranging across philosophy, political science, literature, and theology Gladly to Learn and Gladly to Teach reflects the astonishing depth and breadth of Fortin's contribution to contemporary thought. (shrink)

For half a century, Ernest Fortin's scholarship has charmed and educated theologians and philosophers with its intellectual search for the best way to live. Written by friends, colleagues, and students of Fortin, this book pays tribute to a remarkable thinker in a series of essays that bear eloquent testimony to Fortin's influence and his legacy. A formidable commentator on Catholic philosophical and political thought, Ernest Fortin inspired others with his restless inquiries beyond the boundaries of conventional scholarship. With essays on (...) subjects ranging across philosophy, political science, literature, and theology Gladly to Learn and Gladly to Teach reflects the astonishing depth and breadth of Fortin's contribution to contemporary thought. (shrink)