I offer a defense of the moral side-constraints to which Robert Nozick appeals in Anarchy, State and Utopia but for which he fails to provide a sustained justification. I identify a line of anti-consequentialist argumentation which is present in Nozick and which, in the terminology of Samuel Scheffler, moves first to affirm a personal prerogative which allows the individual not to sacrifice herself for the sake of the best overall outcome and second moves on to affirm restrictions (i.e., (...) moral side-constraints) which prohibit the individual from suppressing others' exercise of their personal prerogatives even if that suppression would serve the overall good. I argue that one ought to follow this line of anti-consequentialist argumentation all the way to the affirmation of restrictions by showing that the rationale for the adoption of the personal prerogative is not satisfied unless the accompanying restrictions are adopted as well. Footnotesa A distant ancestor of this essay was written during the spring of 1997 when I was a Visiting Scholar at the Social Philosophy and Policy Center, Bowling Green State University. The draft of the present essay was composed during the tenure of a summer research grant from the Murphy Institute of Political Economy at Tulane University. I am very grateful to both institutions and to Ellen Frankel Paul and Mary Sirridge for their exceedingly helpful editorial advice. (shrink)

In this paper, I offer two arguments in support of the proposition that there are sometimes agent-relative prerogatives to impose harm on nonliable persons. The first argument begins with a famous case where most people intuitively agree it is permissible to perform an act that results in an innocent person’s death, and where there is no liability-based or consequentialist justification for acting. I show that this case is relevantly analogous to a case involving the intentional imposition of lethal defensive harm (...) on a nonliable person. In the final part of the paper, I provide a second, independent, argument in support of the proposition that there are agent-relative permissions to foreseeably harm or kill nonliable people under certain conditions. (shrink)

In a recent paper, Jonathan Quong tries to offer further support for “the proposition that there are sometimes agent-relative prerogatives to harm nonliable persons.” In this brief paper, I will demonstrate that Quong’s argument implicitly relies on the premise that the violinist in Thomson’s famous example has a right not to be unplugged. Yet, first, Quong provides no argument in support of this premise; and second, the premise is clearly wrong. Moreover, throughout his paper Quong just question-beggingly and without argument (...) assumes that one cannot lose rights in other ways than by one’s own responsible action. I conclude that Quong has failed to provide further support for his thesis. (shrink)

This article uses Ernst Fraenkel’s dual-state framework as an analytical tool to study those conflicting imperatives and constitutional tensions with a focus on the power to detain. This article makes the argument that China has emerged as a dual state with a normal state that functions increasingly with a rule-based government in inter-personal matters and a prerogative state that solidifies control in areas that are regarded as political sensitive. Overall, while the equilibrium between the normative and prerogative (...) states has been evolving in China, it has remained stable. The Party has been able to build a relatively self-defined and self-referencing legal system to provide the certainty and order that the Chinese political economy demands while maintaining a zone of exception, expansive and continuing to evolve, for the prerogative state to safeguard authoritarian rule. (shrink)

G. A. Cohen 's critique of Rawlsian special incentives has been criticised as internally inconsistent on the grounds that Cohen concedes the existence of incentives that are legitimate because they are grounded on agent-centred prerogatives. This, Cohen 's critics argue, invites a slippery slope argument: there is no principled line between those incentives Cohen permits and those he condemns. This paper attempts a partial defence of Cohen : a prerogative can be granted but then its operation internally qualified. A (...) better off person has a prerogative that grounds incentive payment, but that person should be sensitive to the degree of difference between her resources and those of the representative worst off person. This gives a better off person under a distribution a discretion that is then internally qualified by a commitment to an egalitarian ethos. The paper concludes that on balance this is not, in fact, a reasonable view of a prerogative: granting it and then qualifying it in this way undermines the unfettered discretion that should attach to a prerogative. However, Cohen has certainly identified an ambiguity in how we conceive of prerogatives. (shrink)

British higher education has undergone an unprecedented transformation over the past twenty years from an elite and individualised personal option embodied in historic universities (and their qualified institutional imitation in post-war expansion) to an industrialised, mass higher education system designed to produce a standard, reliable, predictable human ‘product’ suited to the putative needs of British industry and commerce. This ‘reform’ or ‘modernisation’ incorporates key features of ‘managerial modernity’ and it has been imposed without effective critique or resistance. In this (...) paper we outline and analyse aspects of the quasi-totalitarian ‘normalisation’ of the education system as a whole, and pose some basic questions about the adequacy of the result as means of intellectual maturation and fundamental socialisation. It is concluded that the limits of ‘accountability’ have been narrowly and prescriptively drawn, and that both the tacit assumptions and targeted outcomes of this facility for social reproduction may be held in part responsible for a reduced and diminished ‘post-humanity’. Some marginal figures offer material for creative resistance, but what resources, if any, do conventional Christian theology, ethics or pedagogic practice offer in the face of this forced homogenisation of the human? (shrink)

This paper challenges a common dogma of the literature on forgiveness: that only victims have the standing to forgive. Attacks on third-party forgiveness generally come in two forms. One form of attack suggests that it follows from the nature of forgiveness that third-party forgiveness is impossible. Another form of attack suggests that although third-party forgiveness is possible, it is always improper or morally inappropriate for third parties to forgive. I argue against both of these claims; third-party forgiveness is possible, and (...) in some cases it is morally appropriate for third parties to forgive (or refuse to forgive) wrongdoers for wrongs done to victims. I also propose an explanation of third parties’ standing to forgive: third parties have the standing to forgive when it is appropriate for them to take wrongs done to victims ‘personally’. While appropriately ‘taking a wrong personally’ does not require seeing oneself as a victim, it typically does require being in some form of personal relationship with victims. Thus, while the standing to forgive is not grounded exclusively in having been wronged, the prerogative to forgive is normally limited to victims and their loved ones. And once we recognize the importance of third-party forgiveness in our moral lives and the norms that govern it, we can more easily adjudicate between competing accounts of the nature of forgiveness.​. (shrink)

During the oppressive reign of Louis XIV, Gabrielle Suchon (1632–1703) was the most forceful female voice in France, advocating women’s freedom and self-determination, access to knowledge, and assertion of authority. This volume collects Suchon’s writing from two works—Treatise on Ethics and Politics (1693) and On the Celibate Life Freely Chosen; or, Life without Commitments (1700)—and demonstrates her to be an original philosophical and moral thinker and writer. Suchon argues that both women and men have inherently similar intellectual, corporeal, and spiritual (...) capacities, which entitle them equally to essentially human prerogatives, and she displays her breadth of knowledge as she harnesses evidence from biblical, classical, patristic, and contemporary secular sources to bolster her claim. Forgotten over the centuries, these writings have been gaining increasing attention from feminist historians, students of philosophy, and scholars of seventeenth-century French literature and culture. This translation, from Domna C. Stanton and Rebecca M. Wilkin, marks the first time these works will appear in English. (shrink)

This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he to (...) recover his faculties and become competent once more. This ficuciary responsibility, originating in the device of the "use" or trust employed for the management of the estates of lunatics, contrasts with the self-interested feudal guardianship used for the custody of "natural fools" or "idiots", who were under paternalistic arrangements. The article argues that because the determination of legal incompetence and the consequent transfer of custody of the person and property of an incompetent person to the state would result in a drastic forfeiture of liberty and property interests were it not for the fiduciary obligation owed by the state to the incompetent, the state is under an obligation to exercise its fiduciary duties in good faith and may not impose states policies or advance state interests of its own in the supervision of the affairs of incompetent persons, apart from interests arising legitimately out of the state's institutional interest in providing competent administration for the benefit of the incompetents themselves. Keywords: concept of the person, Cruzan, feudalism, guardianship, incompetent person, parens patriae CiteULike Connotea Del.icio.us What's this? (shrink)

The inspiring true stories in this book will warm the heart of any animal lover.

Look inside this book to meet the everyday heroes who found ways to save animals from Hurricane Katrina and the floods that followed.

This research shows how business students’ disciplinary specializations can affect their sense of personal responsibility by providing rationalizations for moral disengagement. It thereby conceptualizes business students’ disciplinary specializations as a key dimension of the business school responsibility learning environment. Students use four main rationalizations to displace responsibility variously away from their own disciplinary specializations, to claim responsibility as the prerogative of their specialization, and to shiftirresponsibility onto disciplinary out-groups. Yet despite their disciplinary identifications, students largely rationalized that their (...) sense of responsibility was an individual matter that was unlikely to be affected by contextual influences, and they attributedirresponsible behavior to incorrigible ‘bad apples.’ A theoretical model is offered which illustrates these dynamics by combining Bandura’s social cognitive theory with social identity theory. The research is based on secondary data, specifically focus-group interviews conducted with undergraduate students at a major Scandinavian business school in connection with the implementation of the UN Principles for Responsible Management Education (PRME) initiative. The implications for management education include the need to strengthen students’ ‘disciplinary reflexivity,’ and to explicitly address the tension between students’ disciplinary solidarities and their faith in their own individual moral infallibility. (shrink)

During the oppressive reign of Louis XIV, Gabrielle Suchon was the most forceful female voice in France, advocating women’s freedom and self-determination, access to knowledge, and assertion of authority. This volume collects Suchon’s writing from two works—_Treatise on Ethics and Politics_ and _On the Celibate Life Freely Chosen; or, Life without Commitments _—and demonstrates her to be an original philosophical and moral thinker and writer. Suchon argues that both women and men have inherently similar intellectual, corporeal, and spiritual capacities, which (...) entitle them equally to essentially human prerogatives, and she displays her breadth of knowledge as she harnesses evidence from biblical, classical, patristic, and contemporary secular sources to bolster her claim. Forgotten over the centuries, these writings have been gaining increasing attention from feminist historians, students of philosophy, and scholars of seventeenth-century French literature and culture. This translation, from Domna C. Stanton and Rebecca M. Wilkin, marks the first time these works will appear in English. (shrink)

This study aims to characterise Human Research Ethics Committee (HREC) members’ perceptions on five main themes associated with ethics reviews, namely, the nature of research, ethical/moral issues, assent, participants’ risk and HREC prerogatives issues. Three hundred and sixteen HREC members from over 200 HRECs throughout Australia responded to an online questionnaire survey. The results show that in general, HREC members’ beliefs are reasoned and align with sound principles of ethical reviews. There seems to be a disposition for living up to (...) ethical/moral values, avoiding the issue of consent waivers and respecting participants’ welfare, as well as a sense of ambiguity about HREC prerogatives. Problematic areas were a tendency towards over-valuing quantitative research methods for their perceived validity and a neutral view on issuing consent waivers to participants with intellectual disability and, finally, the belief that research that limits disclosure, plans deception or actively conceals is morally unjustifiable. Implications for professional development and policy-making are discussed. (shrink)

This study investigates the impact of fraud/lawsuit revelation on U.S. top executive turnover and compensation. It also examines potential explanatory variables affecting the executive turnover and compensation among U.S. fraud/lawsuit firms. Four important findings are documented. First, there was significantly higher executive turnover among U.S. firms with fraud/lawsuit revelation in the Wall Street Journal than matched firms without such revelation. Second, although on average, U.S. top executives received an increase in cash compensation after fraud/lawsuit revelation, this increase is smaller than (...) that of matched non-fraud/lawsuit firms. Third, fraud/lawsuit firms were more likely to change top executive when chief executive officer (CEO) was not the board chairman and CEO had been on the board for a short time. Fourth, fraud/lawsuit firms were more likely to reduce their executive cash compensation when profitability was low, firms were involved in fraud, the compensation committee size was small, and the board met more often. These findings indicate that although, in general, U.S. fraud/lawsuits firms did not reduce their executive cash compensation, those involved in fraud were more likely to reduce their executive cash compensation than to change their top executives. The finding, that ethical standards is not a significant factor for U.S. executive turnover nor compensation reduction, suggests that ethics appears to play no part in the board’s decisions, and that U.S. firms may have ethical standards in writing but they do not implement nor enforce the standards. (shrink)

The theory of evolution: The rise and impact of evolutionary ideas, by R. Scoon. Evolution in its relation to the philosophy of nature and the philosophy of culture, by F.S.C. Northrop. The genetic nature of differences among men, by T. Dobzhansky. Evolutionary thought in America: Evolution and American sociology by R.E.L. Faris. The impact of the idea of evolution on the American political and constitutional tradition, by E.S. Corwin. Evolutionism in American economics, 1800-1946, by J.J. Spengler. The influence of evolutionary (...) theory upon American psychological thought, by E.G. Boring. Naturalism in American literature, by M. Cowley. The idea of organic expression and American architecture, by D.D. Egbert. Evolution and moral theory in America, W.F. Quillian, Jr. Evolution and theology in America, by S. Persons. (shrink)

This book is designed to provide an introduction to the history of American thought. It does not attempt to be encyclopedia in its coverage of the subject; many familiar names of names of men and books are absent.

Book reviewed in this article: Philosophy in Medicine: Conceptual and Ethical Problems in Medicine and Psychiatry. By Charles M. Culver and Bernard Gert. Psychiatric Ethics. Edited by Sidney Block and Paul Chodoff. Man, Mind, and Morality: The Ethics of Behavior Control. By Ruth Macklin.

Book reviewed in this article: Philosophy in Medicine: Conceptual and Ethical Problems in Medicine and Psychiatry. By Charles M. Culver and Bernard Gert. Psychiatric Ethics. Edited by Sidney Block and Paul Chodoff. Man, Mind, and Morality: The Ethics of Behavior Control. By Ruth Macklin.

I have little to say on this passage, where it seems necessary to maintain the vulgate notwith standing its obvious defects. My only reason for discussing it is to call attention to the strangeness of Jebb's proceeding when seeking to support Hermann's conjecture παλλλοιν which he admits into the text. The objection to Hermann's view is that, as he himself admits, there is no evidence that πáλληλος could be used in the sense of λληλιφóνος. For that, I suppose, is the (...) meaning of ‘mutual hands,’ which both Jebb and Campbell suggest as a translation, although ‘mutual violence’ would be better. But the chief purpose of this note is to protest against the mode of interpretation applied to Philo de Mose 3. 36. II. p. 175 M. διà τàς ν δασι καí πνρì γνιμéνας συνχς καì παλλλονς φθορáς Turnebu s rightl yrenders ‘alternas interneciones,’ and why Jebb supposes him to have meant ‘mutual’ I do not know. Anyhow he admits that Philo used the word in its ordinary sense of successive, and proceeds to paraphrase ‘owing to the continuous and rapid succession of calamities by flood and fire’ . All this is quite beside the mark, for the reference is to the alternate destruction of the world at the κπρωσις by fire and at the ξγρωσιςby water. I must take leave to refer to the evidence collected in my book on Zeno and Cleanthes, p. 253, to which should be added a most instructive passage of Origen : περì τν κακν λóγος ο μνóντων ì ν τατᾦ διà τν τοι τηροσαν τà πì γ$$$ς πρóνοιαν κατακλνσμο καì κπνρ03CE;σσι καθαíρονσαν.Add the passages from Lucan quoted by Mr. Heitland in his Introduction, p. xliii. (shrink)

Describes the rescue efforts involved in saving the lives of animals affected by a tornado.

In Saving Animals From Fires, readers will meet the courageous workers who risk their lives to rush into houses, forests, and rivers to rescue animals from fire ...

Tracking the Master Scribe: Revision through Introduction in Biblical and Mesopotamian Literature. By Sara J. Milstein. Oxford: Oxford University Press, 2016. Pp. xviii + 241. $99.

In this excellent book, George A. Panichas, longtime editor of the conservative quarterly Modern Age, brings to a conclusion a critical trilogy, really a tetralogy, which includes The Reverent Discipline, The Courage of Judgment, and The Critic as Conservator. The unusual title is inspired by Plato’s Phaedrus, with Panichas writing at one point—concerning literary scholar Austin Warren’s “open celebration of great ideas, great writers, great souls”—that, “Literary greatness for him meant spiritual greatness, this is, the kind of greatness that gives (...) us guidance and helps to orient us towards the good, or, as Plato puts it, to make us ‘grow wings to overcome gravity’”. (shrink)