The threshold law for N-body fragmentation under dipole forces is formulated. It emerges from the energy dependence of the normalization of the correlated continuum wave function for N fragments. It is shown that the dipole threshold law plays a key role in understanding all threshold fragmentation phenomena since it links the classical threshold law for long-range Coulomb interactions to the statistical law for short-range interactions. Furthermore, a tunnelling mechanism is identified as the common feature which occurs for all three classes (...) of interactions, short-range, dipole and Coulomb. (shrink)

Crutchfield and Redinger argue that consciousness-altering chemical restraints are less “liberty-intrusive” (or as we will sometimes put it, just less “intrusive”) than physical restraints. Physica...

Few moral questions have greater bearing on the conduct of our everyday lives than questions about the morality of lying. These questions are also important for ethical theory. An important test of any theory of right and wrong is whether it gives an adequate account of the morality of lying. Conceptual questions about the nature of lying are prior to questions about the moral status of lying. Any theory about the moral status of lying presupposes an account of what lying (...) is. (shrink)

Since the 19th century, innocence has been a hallmark of childhood. The innocence of children is seen as both a sanctity worth defending and a feature that excuses the unavoidable mistakes of adolescence. While beneficial in many settings, notions of childhood innocence are often entangled with values judgements. Inherent in innocence is the notion that that which we are innocent of is undesirable. Further, attributing innocence to some implies the tolerability of blame for others. This has unique implications in a (...) medical setting. This essay explores the implications of espousing the innocence of paediatric patients. Ultimately, because attribution of innocence is both prone to bias and rooted in the same framework as blame, it degrades patient-centred care and compromises the patient–provider relationship. I argue that avoiding such characterisations may allow providers to more effectively promote paediatric health. (shrink)

Abstract:This essay explores key values of John Lachs's work, especially freedom, diversity, and human flourishing, when applied to the history of the philosophy of education as well as to the practical problems of policy and implementation today in American schools. I consider the importance and tensions involved in these values in the thinking of Plato, Jean-Jacques Rousseau, and John Dewey. Next, I examine necessary and then avoidable challenges of operationalizing freedom and diversity in schools, especially in tensions with recent policy (...) initiatives that threaten freedom and diversity for human flourishing. The aim here is to note the central importance of the values that Lachs has long championed, while attending also to the risks and dangers that misunderstanding and narrow thinking pose about them when applied to American public schools. Ultimately, I argue that while advocacy for liberty sometimes raises profound problems in the sphere of public education, democratic education is enriched immeasurably when it enables and empowers freedom to pursue diverse forms of flourishing. (shrink)

The recent accounting scandals at Enron, WorldCom, and other corporations have helped to fuel a massive loss of confidence in the integrity of American business and have contributed to a very sharp decline in the U.S. stock market. Inasmuch as these events have brought ethical questions about business to the forefront in the media and public consciousness as never before, they are of signal importance for the field of business ethics. I offer some observations and conjectures about the bearing of (...) the recent scandals on the literature on business ethics. I defend the following contentions: 1. Recent events reveal serious weaknesses of the stakeholder theory about the social responsibilities of business which lacks prohibitions against fraud and deception. This is a glaring deficiency of standard versions of the stakeholder theory, but it is easily remedied by adding explicit prohibitions against fraud and deception. In addition, recent events highlight the stakeholder theory's very naive and unrealistic hopes and expectations for business executives as moral arbiters and agents of social improvement. 2. Recent events do not constitute an objection to the shareholder theory about the social responsibilities of business, however, these events make evident the implausibility of strong versions of the invisible hand theory. 3. Schemes of payment and reward often create perverse incentives for individuals to engage in unethical conduct. 4. Both the shareholder theory and the stakeholder theory need to add a constraint that requires executives to respect the professional obligations of employees. (shrink)

This edited collection includes contributions from expert philosophers of law and considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. It (...) includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law. (shrink)

It is common for people to misstate their bargaining positions during business negotiations. This paper will focus on cases of the following sort: I am selling a house and tell a prospective buyer that $90,000 is absolutely the lowest price that I will accept, when I know that I would be willing to accept as little as $80, 000 for the house. This is a lie according to standard definitions of lying-it is a deliberate false statement which is intended to (...) deceive others. I will defend the following two theses:a. Appearances to the contrary, this kind of bluffing typically does not constitute lying. (I will argue that standard dictionary definitions of lying are untenable and defend an alternative definition hinted at, but never clearly formulated by, W. D. Ross. On my definition, deliberate false statements about one's negotiating position would rarely constitute lies in this society.)b. It is usually permissible to misstate one's bargaining position when one has good reason to think that one's negotiating partner is doing the same and it is usually impermissible to misstate one's negotiating bargaining if one does not have good reason to think that the other party is misstating her position. (shrink)

This paper addresses the following three claims that Frankfurt makes about the concept of bullshit:1. Bullshit requires the intention to deceive others.2. Bullshit does not constitute lying.3. The essence of bullshit is lack of concern with the truth of what one says.I offer counterexamples to all three claims. By way of defending my counterexamples, I examine Cohen’s distinction between bullshiting and bullshit and argue that my examples are indeed cases of bullshiting that Frankfurt’s analysis is intended to cover. My examples (...) of bullshitters who are very concerned to say only things that are true show that Frankfurt is mistaken in claiming that the “essence” of bullshit is lack of concern with the truth of what one says. (shrink)

The commonly held view that Wittgensteinian philosophy of religion entails an irrationalist defense of religion known as 'fideism' loses plausibility when contrasted with recent scholarship on Wittgenstein's corpus, biography, and other sources. This book reevaluates the place of Wittgenstein in the philosophy of religion and charts a path forward for the subfield by advancing three themes. The first is that philosophers of religion should question received interpretations of philosophers, such as Wittgenstein, as well as the meanings of key terms used (...) in interpretations, such as 'fideism'. The second theme is that Wittgenstein's philosophy, across his corpus, pursues a particular end: a searching clarity or perspicuity. The third theme is that with the rise of various religious movements within societies and around the world in recent decades, philosophy of religion has important tasks in clarifying global conversations on living well amidst human diversities and contemplating philosophy as a vocation. (shrink)

My interest in the issues considered here arose out of my great frustration in trying to attack the all-pervasive relativism of my students in introductory ethics courses at Virginia Polytechnic Institute and State University. I am grateful to my students for forcing me to take moral relativism and skepticism seriously and for compelling me to argue for my own dogmatically maintained version of moral objectivism. The result is before the reader. The conclusions reached here (which can be described either as (...) a minimal objectivism or as a moderate verson of relativism) are considerably weaker than those that I had expected and would have liked to have defended. I have arrived at these views kicking and screaming and have resisted them to the best of my ability. The arguments of this book are directed at those who deny that moral judgments can ever be correct (in any sense that is opposed to mistaken) and who also deny that we are ever rationally com pelled to accept one moral judgment as opposed to another. I have sought to take their views seriously and to fight them on their own grounds without making use of any assumptions that they would be unwilling to grant. My conclusion is that, while it is possible to refute the kind of extreme irrationalism that one often encounters, it is impossible to defend the kind of objectivist meta-ethical views that most of us want to hold, without begging the question against the non-objectivist. (shrink)

Avia Pasternak’s account of permissible political rioting includes a constraint that insists only oppressed citizens, and not privileged citizens, are permitted to riot when rioting is justified. This discussion note argues that Pasternak’s account, with which I largely agree, should be expanded to admit the permissibility of privileged citizens rioting alongside and in solidarity with oppressed citizens. The permissibility of privileged citizens participating in riots when rioting is justified is grounded in the notions that it is sometimes necessary, in accordance (...) with Pasternak’s necessity condition, and that it will oftentimes substantially improve the chances of successfully achieving the just aims the rioting seeks to achieve, in accordance with Pasternak’s success condition. Allowing for this improves Pasternak’s already strong account of permissible political rioting on its own terms. (shrink)

When do people say that they are moved, and does this experience constitute a unique emotion? We review theory and empirical research on being moved across psychology and philosophy. We examine feeling labels, elicitors, valence, bodily sensations, and motivations. We find that the English lexeme being moved typically (but not always) refers to a distinct and potent emotion that results in social bonding; often includes tears, piloerection, chills, or a warm feeling in the chest; and is often described as pleasurable, (...) though sometimes as a mixed emotion. While we conclude that it is a distinct emotion, we also recommend studying it in a more comprehensive emotion framework, instead of using the ambiguous vernacular term being moved as a scientific term. (shrink)

Philosophers and theologians acknowledge that "fideism" is difficult to define but rarely agree on what the best characterization of the term is. In this article, I investigate the history of use of "fideism" to explore why its meaning has been so contested and thus why it has not always been helpful for resolving philosophical problems. I trace the use of the term from its origins in French theology to its current uses in philosophy and theology, concluding that "fideism" is helpful (...) in resolving philosophical problems only when philosophers scrupulously acknowledge the tradition of use that informs their understanding of the word. (shrink)

This paper presents an analysis of bluffing in labor negotiations from legal, economic, and ethical perspectives. It is argued that many forms of bluffing in labor negotiations are legal and economically advantageous, but that they typically constitute lying. Nevertheless it is argued that it is generally morally acceptable to bluff given a typical labor-management relationship where one's negotiating partner is familiar with and most likely employing bluffing tactics him/herself. We also consider whether it is an indictment of our present negotiating (...) practices and our economic system as a whole that, given the harsh realities of the marketplace, bluffing is usually morally acceptable. (shrink)

Despite the growth in research in philosophy of religion over the past several decades, recent years have seen a number of critical studies of this subfield in an effort to redirect the methods and topics of inquiry. This article argues that in addition to problems of religious parochialism described by critics such as Wesley Wildman, the subfield is facing a problem of relevance. In responding to this problem, it suggests that philosophers of religion should do three things: first, be critically (...) self-aware about their aims of inquiry; second, investigate concepts used by other philosophers, scientists, and religious studies scholars to identify and dispel confusion about religions; and third, following the model of applied ethics, work to clarify concepts and advance arguments of contemporary practical urgency. (shrink)

The ethics of sales is an important, but neglected, topic in business ethics. I offer criticisms of what others have said about themoral duties of salespeople and formulate what I take to be a more plausible theory. My theory avoids the objections I raise againstothers and yields plausible results when applied to cases. I also defend my theory by appeal to the golden rule and offer a justificationfor the version of the golden rule to which I appeal. I argue that (...) salespeople have prima facie duties to do the following: 1. warncustomers of potential hazards, 2. refrain from lying and deception, 3. fully and honestly answer questions about what they are selling,and 4. refrain from steering customers toward purchases they have reason to think will harm the customers. The paper concludes with a brief appendix that discusses the implications of the ethics of sales for the social responsibilities of business. (shrink)

Standard definitions of lying imply that intending to deceive others is a necessary condition of one's telling a lie. In an earlier paper, which appeared in this journal, Wokutch, Murrmann and I argued that intending to deceive others is not a necessary condition of one's telling a lie and proposed an alternative definition. In a reply which also appeared in this journal, Gary Jones argues that our arguments fail to establish the claim that it is possible to lie without intending (...) to deceive others, and that the objections which we raise for standard definitions apply equally to our own. The present paper argues that one can lie without intending to deceive others. I concede Jones' second criticism and propose a new alternative definition. (shrink)

I begin by discussing views about the permissibility of lying by political leaders. Sections II and III address historically important lies and lies about history and the historical record. These two categories overlap - some lies about the historical record were historically important events. In section IV, I discuss the related notion of half-truths and give examples of misleading/deceptive half-truths about history. In the final section of this chapter, I briefly discuss the obligations of historians to give truthful accounts of (...) historical events. (shrink)

There seems to be universal agreement among Epicurean scholars that friendship characterized by other-concern is conceptually incompatible with Epicureanism understood as a directly egoistic theory. I reject this view. I argue that once we properly understand the nature of friendship and the Epicurean conception of our final end, we are in a position to demonstrate friendship’s compatibility with, and centrality within, Epicureanism’s direct egoism.

tentment and its relationship to the notions of happiness and the good life. Many philosophers have argued that the concept of happiness can be defined or analyzed simply in terms of "contentment" or "being satisfied (or pleased) with one' s life."' Others have made the more modest claim that being satisfied with one' s..

A recent challenge to statist arguments defending the right of states to exclude prospective immigrants maintains that such statist arguments prove too much. Specifically, the challenge argues that statist arguments, insofar as they are correct, entail that states may permissibily exclude current members' newcomers by birth, which seems to violate a widely held intuition that members' newcomers by birth ought automatically to be granted membership rights. The basic claim is that statist arguments cannot account for the differntial treatment between prospective (...) immigrants and newcomers by birth. Call this the newcomer-by-birth objection. This article rejects the newcomer-by-birth rejection. It begins by sketching the precise extent to which the objection applies to statist arguments. It then examines the case of newcomers by birth and argues for a principled basis for treating them differentially from prospective immigrants such that a right to exclude prospective immigrants need not entail a right to exclude newcomers by birth. But this distinction holds only in most cases, not all, and therefore the newcomer-by-birth objection is not entirely defeated. With respect to the cases in which the objection does hold, it is argued that such cases are morally akin to international adoption, and thus morally benign. All considered, statist arguments easily survive the newcomer-by-birth objection. (shrink)

This paper has two distinct objectives. (1) I defend an analysis of the concept of a conflict of interest. On my analysis the concept of a conflict of interest is broader than is generally supposed. I argue that a very large class of cases not ordinarily regarded as conflicts of interest should be so regarded. Conflicts of interest are an integral feature of many professional relationships and do not (as is often supposed) require the existence of external financial or personal (...) relationships. (2) I defend and explain the commonsense view that conflicts of interest areprima facie wrong and argue that in ordinary cases it is wrong, all things considered, to allow an avoidable conflict of interest to occur. I attempt to establish these claims on the basis of weak and relatively noncontroversial assumptions. (shrink)

One of the remarkable features of recent interest in the work of Louis Althusser has been the prominence granted to Althusser’s cultural criticism. However, aside from one notable exception, Althusser’s cultural criticism has not figured prominently in discussions of his late work, and the absence of Althusser’s cultural criticism from those discussions has perhaps unwittingly obscured both the genealogy of Althusser’s late aesthetic ontology and the logic of his last texts, of ‘The Underground Current of the Materialism of the Encounter’ (...) and related writings on aleatory materialism. By tracing the genealogy of the aleatory impulse in Althusser’s cultural criticism, it is possible to show how that work resonates in Althusser’s late texts including the larger unpublished manuscript from which ‘The Underground Current of the Materialism of the Encounter’ has been drawn. This reading of the philosophy of the encounter also allows us to understand the importance of Nicolas Malebranche for Althusser’s aleatory materialism. (shrink)

This paper examines several issues regarding deception in advertising. Some generally accepted definitions are considered and found to be inadequate. An alternative definition is proposed for legal/regulatory purposes and is related to a suggested definition of the term deception as it is used in everyday language. Based upon these definitions, suggestions are offered for detecting and regulating deception in advertising. This paper additionally considers the grounds for the generally held but largely unquestioned assumption that deceptive advertising is unethical. It is (...) argued that deceptive advertising can be shown to be morally objectionable, on the weak assumption that it is prima facie wrong to harm others. Finally, the implications of this analysis with respect to current regulation of deceptive advertising by the FTC are considered. (shrink)

This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer these objections (...) and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders’ interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

The goal of this essay is to explain how Wittgenstein's philosophy may be helpful for understanding and addressing challenges to cross-cultural communication in educational contexts. In particular, the notions of “hinge,” “intellectual distance,” and “grounds” from On Certainty will be helpful for identifying cultural differences. Wittgenstein's dialogical conception of philosophy in Philosophical Investigations will be helpful for addressing that cultural difference in conversation. While here can be no panacea to address all potential sources of confusion, Wittgenstein's philosophy has strong resources (...) that are helpful for curbing some of our human tendencies to misunderstand other people. (shrink)

Examines the relationship between the question of God and the destiny of metaphysics. Concept of the end of metaphysics; Ambiguous relation between phenomenology and metaphysics; Return of special metaphysics in phenomenology; Phenomenological figure of God. Examines the relationship between the question of God and the destiny of metaphysics. Concept of the end of metaphysics; Ambiguous relation between phenomenology and metaphysics; Return of special metaphysics in phenomenology; Phenomenological figure of God.

This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer these objections (...) and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders' interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

This paper argues that liberal states are wrong to forcibly separate through deportation the unauthorized immigrant parents of member children and that states must therefore regularize such unauthorized immigrants. While most arguments for regularization focus on how deportation wrongs the unauthorized immigrants themselves, I ground my argument in how deportation wrongs the state’s members, namely the unauthorized immigrants’ member children. Specifically, forced separation through deportation wrongs affected children by violating a basic right to sustain the intimate relationships with their parents (...) on which they rely for their development into fully autonomous agents. (shrink)

In a recent paper that appeared in this journal Fritz Allhoff addresses the morality of bluffing in negotiations1. He focuses on cases in which people misstate their reservation price in negotiations, e.g., suppose that I am selling a house and tell a prospective buyer that $300,000 is absolutely the lowest price that I will accept, when I know that I would be willing to accept as little as $270,000 for the house rather than continue to try to sell it. Allhoff (...) criticizes my (qualified) defense of bluffing in my paper Second Thoughts on Bluffing,2 and offers what he takes to be a more plausible defense of bluffing. Allhoffs criticisms rest on several serious misinterpretations of my views. He ascribes to me several arguments that I dont make. He also attributes to me an unqualified defense of bluffing that I explicitly reject. I briefly document this in Section 1. In Sections 2 and 3 I explain and criticize Allhoffs positive views about bluffing and the morality of bluffing. (shrink)

Recent years have seen an increasing amount of studies of the history of the term “religion” and how it figures in conceptions of “the secular” and of cultural differences generally. A recurrent theme in these studies is that “religion” carries associations with Protestant Christianity and thus is not as universal a category as it might appear. The aim of this paper is to explore some resources in Wittgenstein’s philosophy to obtain greater clarity about the contexts of ascription of religion-status to (...) various phenomena and thus to gain perspective on claims made by scholars who investigate the genealogy of the term. While there is good reason to be circumspect about uncritical use of the term “religion” (no less in philosophizing about religions or conducting interreligious dialogue), I argue that instead of abandoning the term or proffering a critical theory of religion, investigation of ascriptions of religion will help philosophers to perceive more clearly the social dynamics that have led to some- one or thing being called religious and thus avoid equivocations that could obstruct the ends of philosophical inquiry or dialogue. (shrink)

In arecent paper, Kenneth Goodpaster formulates three versions of the stakeholder theory of corporate social responsibility. He rejects the first two versions and endorses the third. I argue that the theory that Goodpaster defends under the name “stakeholder theory” is aversion (albeit a somewhat different version) of Milton Friedman’s theory of corporate social responsibility. I also argue that the first two formulations of the stakeholder theory which Goodpaster discusses are at most only slight modifications of other theories. I conclude by (...) formulating a fourth version of the stakeholder theory which I believe does constitute a substantial departure from earlier theories of social responsibility. (shrink)

The current status of Beilock and Carr's "execution focus" theory of choking under pressure in performance of a sensorimotor skill is reviewed and assessed, mainly from the perspective of cognitive psychology, and put into the context of a wider range of issues, attempting to take philosophical analysis into account. These issues include other kinds of skills, pre-performance practice, post-performance evaluation and repair, and integrating new and creative achievements into repertoires of heavily practiced routines. The focus is on variation in the (...) demand for reflection versus automaticity across the full gamut of learning and experience, not just game-time performance. Though automaticity remains important and there are many circumstances in which being "in the zone" is good whereas “execution focus” can do harm, it appears that reflective action deserves just as much a place at the performance table as does unreflective action. (shrink)

A well-known objection to divine will/divine command moral theories is that they commit us to the view that God's will is arbitrary. I argue that several versions of divine will/divine command moral theories, including two of Robert Adams's versions of the DCT and my own divine preference theory, can be successfully defended against this objection. I argue that, even if God's preferences are somewhat arbitrary, we have reasons to conform our wills to them. It is not a fatal objection to (...) divine will/divine command moral theories if they imply that God's will/God's commands is/are arbitrary, to some extent. (shrink)