In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different (...) theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)
This paper discusses the compatibility of authority and autonomy. It makes a distinction between 'deference authority', and 'dialogic authority', which is proposed as an understanding of authority with three advantages over undifferentiated accounts. First, 'dialogic authority' is better able to reconcile autonomy with authority. Secondly, it provides conceptual space for accountability, space diminished or excluded by deference authority. Thirdly, it captures the experience of authority-subjects attempting to preserve autonomy.
In Animal Rites, Cary Wolfe examines contemporary notions of humanism and ethics by reconstructing a little known but crucial underground tradition of theorizing the animal from Wittgenstein, Cavell, and Lyotard to Lévinas, Derrida, ...
During the 1970s, prenatal screening technologies were in their infancy, but were being swiftly harnessed to uncover and prevent spina bifida. The historical rise of this screening process and prevention programme is analysed in this paper, and the role of ethical debates in key studies, editorials and letters reported in the Lancet, and other related texts and governmental documents between 1972 and 1983, is considered. The silence that surrounded rigorous ethical debate served to highlight where discussion lay—namely, within the justifications (...) offered for the prevention of spina bifida, and the efficacy and benefits of screening. In other words, the ethical justification for screening and prevention of spina bifida, when the authors are not explicitly interested in ethics, is considered. These justifications held certain notions of disability as costly to society, with an imperative to screen and prevent spina bifida for the good of the society. (shrink)
I agree with Mele that self-deception is not intentional deception; but I do believe that self-deception involves intentional biasing, primarily for two reasons: (1) There is a Bayesian model of self-deception that explains why the biasing is rational. (2) It is implausible that the observed behavior of self- deceivers could be generated by Mele's “blind” mechanisms.
Examples involving common causes — most prominently, examples involving genetically influenced choices — are analytically equivalent not to standard Newcomb Problems — in which the Predictor genuinely predicts the agent's decision — but to non-standard Newcomb Problems — in which the Predictor guarantees the truth of her predictions by interfering with the agent's decision to make the agent choose as it was predicted she would. When properly qualified, causal and epistemic decision theories diverge only on standard — not on non-standard (...) — Newcomb Problems, and thus not on examples involving common causes. (shrink)
Persons who commit crimes involving sexual abuse of children exploit their victims in several ways. Sex offenders use their power and authority over vulnerable children to whom they have easy access. Teachers, coaches, clergy, family members and childcare workers have been exposed as sex offenders. The Pennsylvania State University football coach, Jerry Sandusky, is now in prison for his many crimes. The widespread cover up of sexual abuse by Catholic priests in the USA and other countries is a horrendous scandal. (...) It is not surprising that law enforcement, mental health professionals, victims and their families are outraged. It is no surprise that radical interventions such as chemical or surgical castration are a response to the public pressure to protect children from molestation.I agree with Professor John McMillan's thoughtful discussion and nuanced analysis of surgical castration.1i He concludes that surgical castration of sex offenders is ethically permissible if these conditions are met: Castration should be requested by the sex offender. Informed consent from a competent sex offender is required. Consent to castration must not be coerced via threats or inducements.He also says that “castration might be useful for the reconfiguring of a life that has gone badly awry.”To supplement his discussion I will describe a state law in Texas2 that permits voluntary surgical castration for repeat child molesters while they are incarcerated as …. (shrink)
F. H. Bradley did not write extensively or systematically on the philosophy of religion, and much of what he did write has the character of either tentative speculation or the pre-emptive rebuttal of potential misinterpretations that might threaten his general philosophical position. ‘I admit that on this subject I never had much to say’ he warns. But such a remark should not discourage us from considering his views on this topic, since the disclaimer is typically Bradleian, and more reflective of (...) his high standards for what is required in order to claim to have something to say about some matter than of any genuine lack of opinion. On closer inspection we find that he has, scattered throughout his work, a great many important things to say about this subject. (shrink)
Russian Marxism is the outcome of two distinct traditions, namely, nineteenth-century Russian radicalism and Western European Marxism. In this paper I shall briefly trace its descent from these traditions and try to distinguish those features of it which differentiate it both from the older radicalism and from the Marxism of Marx and Engels. I shall deal in turn with three main topics, the nineteenth-century radical tradition, early Russian Marxism, and finally, Leninism.
The Enlightenment was the age in which the world became modern, challenging tradition in favor of reason, freedom, and critical inquiry. While many aspects of the Enlightenment have been rigorously scrutinized—its origins and motivations, its principal characters and defining features, its legacy and modern relevance—the geographical dimensions of the era have until now largely been ignored. Placing the Enlightenment contends that the Age of Reason was not only a period of pioneering geographical investigation but also an age with spatial dimensions (...) to its content and concerns. Investigating the role space and location played in the creation and reception of Enlightenment ideas, Charles W. J. Withers draws from the fields of art, science, history, geography, politics, and religion to explore the legacies of Enlightenment national identity, navigation, discovery, and knowledge. Ultimately, geography is revealed to be the source of much of the raw material from which philosophers fashioned theories of the human condition. Lavishly illustrated and engagingly written, Placing the Enlightenment will interest Enlightenment specialists from across the disciplines as well as any scholar curious about the role geography has played in the making of the modern world. (shrink)
Nonprofits today face increasing demands for programming, evaluation, and transparency while still needing to raise funds for operations. In an increasingly competitive funding environment, how can or should nonprofits diversify their revenue streams, add earned income initiatives or pursue other efforts to achieve financial sustainability? Focused on institutions in the U.S., this qualitative research presents a discussion of subject matter experts’ perceptions on earned income, resource diversification, and characteristics of financially sustainable nonprofit organizations.
W. J. Mander provides a brief introduction to and critical assessment of the thought of the greatest of the British Idealist philosophers, F. H. Bradley (1846-1924), whose work has been largely neglected in this century. After a general introduction to Bradley's metaphysics and its logical foundations, Mander shows that much of Bradley's philosophy has been seriously misunderstood. Mander argues that any adequate treatment of Bradley's thought must take full account of his unique dual inheritance from the traditions of British empiricism (...) and Hegelian rationalism. The scholarship of recent years is assessed, and new interpretations are offered of Bradley's views about truth, predication, and relations, and of his arguments for idealism. (shrink)
There exist important deductive systems, such as the non-normal modal logics, that are not proper subjects of classical algebraic logic in the sense that their metatheory cannot be reduced to the equational metatheory of any particular class of algebras. Nevertheless, most of these systems are amenable to the methods of universal algebra when applied to the matrix models of the system. In the present paper we consider a wide class of deductive systems of this kind called protoalgebraic logics. These include (...) almost all (non-pathological) systems of prepositional logic that have occurred in the literature. The relationship between the metatheory of a protoalgebraic logic and its matrix models is studied. The following results are obtained for any finite matrix model U of a filter-distributive protoalgebraic logic : (I) The extension U of is finitely axiomatized (provided has only finitely many inference rules); (II) U has only finitely many extensions. (shrink)
Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the field are confused about those (...) tasks. As a result, many recent books in legal theory are in large part exercises in legal metatheory, devoting many pages to attempts to define the purposes and goals of the field. Waluchow follows this trend and begins by expressing a desire to clarify the issues that separate those trying to give an account of the nature of law. His ultimate goal is to defend a version of legal positivism, inclusive legal positivism, that he thinks is at least implicit in H. L. A. Hart’s work. (shrink)
This paper is based on Lectures 1, 2 and 4 in the series of ten lectures titled “Algebraic Structures for Logic” that Professor Blok and I presented at the Twenty Third Holiday Mathematics Symposium held at New Mexico State University in Las Cruces, New Mexico, January 8-12, 1999. These three lectures presented a new approach to the algebraization of deductive systems, and after the symposium we made plans to publish a joint paper, to be written by Blok, further developing these (...) ideas. That project was still incomplete when Blok died. In fact, there is no indication that he had prepared a draft of the paper, and we do not know what new material he intended to include. I am therefore not in a position to complete the project as he had envisioned it. So, I have settled for the more limited objective of presenting the material from the three lectures, leaving to others the task of adapting the techniques used there to more general situations. (shrink)