A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...) what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)

Die Studie beschreibt die Validierung der Rhetorik durch die Philosophie des deutschen Idealismus am Beispiel dreier ihrer größten Vertreter und fördert drei deutlich unterschiedene Positionen zutage. Den Leitfaden der Untersuchung bilden die von Platon formulierten und von Kant, Fichte und Hegel jeweils unterschiedlich ausgedeuteten zentralen Gesichtspunkte philosophischer Rhetorikreflexion: die logisch-methodologische, die ästhetische und die politisch-moralische Kritik sowie die Kritik des Rhetorischen als Korruption der Philosophie selbst.

This is probably an overly ambitious Syllabus for a ten week seminar. I regard the early part of the Syllabus (roughly, §§1-9) as pretty fixed. We may have to choose among the later topics (§§10- 12), and I welcome student input on these decisions. Required readings are preceded by `(A)`; recommended readings are preceded by `(B)`. Full references are available on the Select Bibliography. Most of the required readings come from the required texts. Required readings not found in the required (...) texts, and some recommended readings, can be found on Electronic Reserves. If you have trouble locating any of the recommended readings, let me know; I can try to help. (shrink)

BackgroundMeasurement of tinnitus-related distress and treatment responsiveness is key in understanding, conceptualizing and addressing this often-disabling symptom. Whilst several self-report measures exist, the heterogeneity of patient populations, available translations, and treatment contexts requires ongoing psychometric replication and validation efforts.ObjectiveTo investigate the convergent validity and responsiveness of the German versions of the Tinnitus Questionnaire [TQ], Tinnitus Handicap Inventory [THI], and Tinnitus Functional Index [TFI] in a large German-speaking sample of patients with chronic tinnitus who completed a psychologically anchored 7-day Intensive Multimodal (...) Treatment Programme.MethodsTwo-hundred-and-ten patients with chronic tinnitus completed all three questionnaires at baseline and post-treatment. Intraclass correlation coefficients determined the convergent validity of each questionnaire’s total and subscale scores. Treatment responsiveness was investigated by [a] comparing treatment-related change in responders vs. non-responders as classified by each questionnaire’s minimal clinically important difference-threshold, and [b] comparing agreement between the questionnaires’ responder classifications.ResultsThe total scores of all three questionnaires showed high agreement before and after therapy. All total scores changed significantly with treatment yielding small effect sizes. The TQ and TFI yielded comparable and the THI higher responder rates. The TQ | THI and TQ | TFI showed fair, and the THI | TFI moderate agreement of responder classifications. Independent of classification, responders showed significantly higher change rates than non-responders across most scores. Each questionnaire’s total change score distinguished between responders and non-responders as classified by the remaining two questionnaires.ConclusionThe total scores of all three questionnaires show high convergent validity and thus, comparability across clinical and research contexts. By contrast, subscale scores show high inconsistency. Whilst the TFI appears well suited for research purposes, the THI may be better suited to measure psychological aspects of tinnitus-related distress and their changes with accordingly focused treatment approaches. (shrink)

De uitvoerige reactie van Sarot en Van den Brink waarin ze hun ‘Utrechtse’ positie in de wijsgerige theologie verduidelijken en verdedigen tegenover mijn vragen en scepsis, zou een uitvoerige beantwoording verdienen, uitvoeriger en grondiger dan het mij op deze plaats mogelijk is. Ik zal, ten eerste, ingaan op de kwestie van het realisme en, ten tweede, op het verwijt van ‘agnosticisme’ aan mijn adres.

De uitvoerige reactie van Sarot en Van den Brink waarin ze hun ‘Utrechtse’ positie in de wijsgerige theologie verduidelijken en verdedigen tegenover mijn vragen en scepsis, zou een uitvoerige beantwoording verdienen, uitvoeriger en grondiger dan het mij op deze plaats mogelijk is. Ik zal, ten eerste, ingaan op de kwestie van het realisme en, ten tweede, op het verwijt van ‘agnosticisme’ aan mijn adres.

SOME THINK THAT MORAL REALISTS CANNOT RECOGNIZE THE PRACTICAL OR ACTION-GUIDING CHARACTER OF MORALITY AND SO REJECT MORAL REALISM. THIS FORM OF ANTI-REALISM DEPENDS UPON AN INTERNALIST MORAL PSYCHOLOGY. BUT AN EXTERNALIST MORAL PSYCHOLOGY IS MORE PLAUSIBLE AND ALLOWS THE REALIST A SENSIBLE EXPLANATION OF THE ACTION-GUIDING CHARACTER OF MORALITY. CONSIDERATION OF THE PRACTICAL CHARACTER OF MORALITY, THEREFORE, DOES NOT UNDERMINE AND, INDEED, SUPPORTS MORAL REALISM.

Ukraine faces a threat of full-fledged default and deep financial and political crisis. The current deep recession is the country's second major economic crisis in ten years. Ukraine was severely affected by the global financial crisis in 2008, with its economy shrinking by 15% in 2009. The economy remained weak in the aftermath, as former government caused the business climate worsening. The lack of reforms limited growth of GDP to just 0.3% in 2012 and remained static in 2013. By the (...) end of 2013, Ukraine was already on the brink of collapse. The conflict in the eastern part of the country has further exacerbated the recession. Today the sources of economic growth in Ukraine have been exhausted, and the country is strongly increasing its debts trying to attract foreign investment. The government’s reform efforts have so far failed to significantly improve the country’s business climate. Ukraine is ranked 83rd out of 189 countries in the latest World Bank's ‘Doing Business’ 2016 index. This score is the second worst in Europe. Ukraine is still considered the most corrupt country in Europe as well. The persistent state of war has disrupted industrial production, which is mainly located in the eastern part. The article elucidates recent events in Ukraine as well as gives a brief historical overview. The influence of misleading governance of economic situation is revealed. The positive scenario, in which Ukraine overcomes default, is unlikely to happen unless the firm measures are to be taken. (shrink)

Most of our knowledge about the life of Matthew of Vendôme derives from autobiographical passages in his writings. The date of his birth is uncertain, but it is known that after the death of his father he went to Tours, some twenty-five miles from his birthplace, where he was raised by his uncle and studied composition under Bernardus Silvestris. Matthew continued his studies at Orléans during the residence of Hugh Primas in that city, and eventually achieved a position of some (...) prominence as a teacher of grammar in the cathedral school. It was toward the close of his stay here that, sometime before 1175, he composed the Ars versificatoria as a textbook for beginning students. But Matthew's peace at Orléans had been shattered by the arrival of Arnulf of Saint-Euverte, best known as a scholiast on Lucan and Ovid, with whom he entered into a bitter rivalry; the Ars is filled with invective against Arnulf under the nicknames Rufus and Rufinus. Around 1175, Matthew left Orléans and proceeded to Paris, where he seems to have resumed his studies. He remained there for ten years, and in the course of this decade wrote the Epistolarium, a collection of letters in verse. He then returned to Tours, where he was perhaps granted a canonry at the cathedral of St. Martin, and where he completed the Tobias, a versification of the book of Tobit which he dedicated to Bishop Bartholomew of Tours and to the prelate's brother, the dean of St. Martin. It is presumed that he died shortly after its composition. (shrink)

Hate speech employs discriminatory epithets to insult and stigmatize others on the basis of their race, gender, sexual orientation, or other forms of group membership. The regulation of hate speech is deservedly controversial, in part because debates over hate speech seem to have teased apart libertarian and egalitarian strands within the liberal tradition. In the civil rights movements of the 1960s, libertarian concerns with freedom of movement and association and equal opportunity pointed in the same direction as egalitarian concerns with (...) eradicating racial discrimination and the social and economic inequalities that this discrimination maintained. But debates over hate speech regulation seem to force one to give priority to equality or to liberty. On the one hand, egalitarian concerns may seem to require restricting freedom of expression. Hate speech is an expression of discriminatory attitudes that have a long, ugly, and sometimes violent history. As such, hate speech is deeply offensive to its victims and socially divisive. Though one might well be reluctant to restrict speech, it might seem that the correct response to hate speech, as with other forms of discrimination, is regulation. On the other hand, libertarian concerns may seem to constrain the pursuit of equality. Though one may abhor hate speech and its effects, the cure might seem at least as bad as the disease. Freedoms of expression are among our most fundamental liberties. Offensive ideas are part of the price one must pay to protect these constitutional rights. (shrink)

This collection of essays contains revised versions of papers delivered at a conference entitled “Duty, Interest, and Practical Reason: Aristotle, Kant, and the Stoics” that was organized by Stephen Engstrom and Jennifer Whiting at the University of Pittsburgh in 1994. One of the main aims of the conference was to bring together scholars on Aristotle, the Stoics, and Kant to reevaluate the common view that Greek and Kantian ethics represent fundamentally opposed conceptions of ethical theory and the roles of morality (...) and happiness in practical reasoning. According to a common view, the ancients are eudaimonists; they derive or justify the virtues by showing how they contribute to the agent’s own eudaimonia or happiness. By contrast, Kant sharply criticizes eudaimonism for deriving or justifying morality in terms of happiness. This criticism applies to eudaimonism of all sorts, even Stoic eudaimonism, which is perhaps closer in some respects to Kant’s own views, and of which he is somewhat less critical than he is of other forms of eudaimonism. For Kant, moral duty and respect for the moral law must be grounded in reason itself and cannot be made to depend on any independent standard. These and related assumptions about ancient and Kantian ethics have helped structure much contemporary systematic work in ethical theory, as well as common conceptions of these ethical traditions. But this common view has been under reexamination lately; some of the most interesting work in the history of ethics in recent years has been in Greek and Kantian ethics, and much of it challenges one or another aspect of the received view of the ethical theory and moral psychology of Kant or the Greeks. However, with some exceptions, renewed interest and recent work in these two traditions has proceeded in parallel. The conference aimed to correct this, by bringing together some of the most distinguished scholars of ancient and modern ethics to compare and assess the role of moral duty and happiness in the two traditions. Most of the essays have such a comparative assessment as their main theme; but even those that focus more exclusively on one of the traditions contribute indirectly to this comparative assessment. (shrink)

The Labour Code of the Republic of Lithuania was enacted on 4 June 2002. However, the practice of ten years has shown that even the systematisation of this branch of law by means of codification could not help avoiding gaps in labour law. The Lithuanian labour law system balances on the brink of flexibility, liberalisation and stability. The purpose of this article is to examine the legal side of this problem and to evaluate the quality of legal regulation of (...) labour relations, also to propose instruments and means to improve them. The main aim of the article is to show the difference between gaps in labour law and some similar (contiguous) legal phenomena that will also be discussed in the article. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

Bullying often results in negative coping in victims, including an increased consumption of alcohol. Recently, however, an increase in alcohol use has also been reported among perpetrators of bullying. The factors triggering this pattern are still unclear. We investigated the role of empathy in the interaction between bullying and alcohol use in an adolescent sample (IMAGEN) at age 13.97 (±0.53) years (baseline (BL), N = 2165, 50.9% female) and age 16.51 (±0.61) years (follow-up 1 (FU1), N = 1185, 54.9% female). (...) General empathic distress served as a significant moderator of alcohol use in perpetrators (F9, 493 = 17.978, p < 0.01), which was specific for males and FU1. Male perpetrators, who are generally less sensitive to distress, might thus be more vulnerable to alcohol abuse. (shrink)

A situation, in which a finite set of players can obtain certain payoffs by cooperation can be described by a cooperative game with transferable utility, or simply a TU-game. A (point-valued) solution for TU-games assigns a payoff distribution to every TU-game. In this article we discuss a class of equal surplus sharing solutions consisting of all convex combinations of the CIS-value, the ENSC-value and the equal division solution. We provide several characterizations of this class of solutions on variable and fixed (...) player set. Specifications of several properties characterize specific solutions in this class. (shrink)

While much has been written on specificity (e.g., in texts on new institutional economics, agency theory, and team production theory), there are still some insights to be learnt by business ethicists. This article approaches the issue from the perspective of team production, and will propose a new form of corporate governance: enlightened corporate governance, which takes into consideration the specific investments of employees. The article argues that, in addition to shareholders, employees also bear a residual risk which arises due to (...) their specific investments. This residual risk presents a valid and legitimate basis for residual claims. In this way, employees can be seen as residual claimants due to the fact that their income depends upon a hazardous quasi rent. Therefore, this article will call on the fiduciary duty of board members to protect those employees who are exposed to such residual risks and may thus be vulnerable as a result. This leads to a fundamental change of perspective on the “theory of the firm” – a change which will adopt the theories of new institutional economics, agency theory, and team production theory in order to promote business ethics research. Against this background, enlightened corporate governance aims to follow the criterion of specific investments as a legitimate basis for residual claims. Furthermore, it seeks to understand the consequences for board members, and to promote the sharing of control and ownership. The article will close with some discussion of the implications and future prospects for business ethics. (shrink)

A cognitivist interpretation of moral inquiry treats it, like other kinds of inquiry, as aiming at true belief. A dialectical conception of moral inquiry represents the justification for a given moral belief as consisting in its intellectual fit with other beliefs, both moral and nonmoral. The essay appeals to semantic considerations to defend cognitivism as a default metaethical view; it defends a dialectical conception of moral inquiry by examining Sidgwick's ambivalence about the probative value of appeal to common moral beliefs (...) or intuitions. The essay then addresses two main concerns about the compatibility of cognitivist and dialectical conceptions of moral inquiry. The probative value of moral intuitions requires that they be sufficiently approximately true. The individual and collective benefits of regulating our interactions by norms like those of commonsense morality help explain how we can view ourselves as sufficiently reliable detectors of moral properties. But the probative value of moral intuitions may also seem threatened by the existence of pervasive moral disagreement both within and between cultures. However, a dialectical conception of moral inquiry has resources for resolving moral disagreement; in fact, the dialectical examination of diverse moral perspectives contributes to the justification of moral beliefs. (shrink)