This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

With reference to examples of violence during Apartheid, I argue that the socio-political contexts in which violence occurs significantly shape agents ideas about and responses to violence. As such, philosophers can only make sense of why perpetrators and bystanders alike may have judged violent acts morally justifiable or failed to challenge instances of violence against the backdrop of the particular characteristics of the socio-political context in which it occurs.

Discussing Difference and Dealing With Desolation and Despair Content Type Journal Article Category Editorial Pages 315-317 DOI 10.1007/s11673-011-9331-1 Authors Michael A. Ashby, Palliative Care and Persistent Pain Services, Royal Hobart, Hospital, Southern Tasmania Area Health Service, and School of Medicine, Faculty of Health Sciences, University of Tasmania, 1st Floor, Peacock Building, Repatriation Centre, 90 Davey Street, Hobart, TAS 7000 Australia Leigh E. Rich, Department of Health Sciences (Public Health), Armstrong Atlantic State University, 11935 Abercorn Street, Savannah, GA 31419, USA Journal (...) Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 4. (shrink)

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...) too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

Establishing trust among individual agents has defined a central issue of practical reasoning since the dawning of liberal individualism. Hobbes was convinced that foolish self-interest always threatens to defeat uncompelled cooperation when one can gain by abandoning a joint effort. Against this philosophical background, scientific studies of human beings display a surprisingly cooperative species. It would seem to follow that biologically inherited characteristics impair our reason. The response proposed here distinguishes rationality and reasonableness as two forms of good reasoning. One (...) is consistent with the model of strategic rationality, the other with a model of emotional relationship. From the Hobbesian perspective trusting agents are not rational if their makeup discourages advantageous defection even when one knows it will not be detected or punished. The point is indecisive because reasonable trust insulates cooperative action from the factors that have appeared to make it chancy or unstable without some enforcing power. A critical theme is that trust does not simply rest upon a biological disposition to conform to norms. That would explain but not justify aversion to defection. In fact, trust can survive reasoned challenges to norm-conforming dispositions, displaying the responsible social animal living along with the rational individual. (shrink)

Is morality biologically altruistic? Does it imply a disadvantage in the struggle for existence? A positive answer puts morality at odds with natural selection, unless natural selection operates at the level of groups. In this case, a trait that is good for groups though bad for individuals can evolve. Sociobiologists reject group selection and have adopted one of two horns of a dilemma. Either morality is based on an egoistic calculus, compatible with natural selection; or morality continues tied to psychological (...) and biological altruism but not as a product of natural selection. The dilemma denies a third possibility—that psychological altruism evolves as a biologically selfish trait. I discuss the classical treatments of the paradox by Charles Darwin and Robert Trivers, focusing on the role they attribute to social emotions. The upshot is that both Darwin and Trivers sketch a natural-selection process relying on innate emotional mechanisms that render morality adaptive for individuals as well as for groups. I give additional reasons for viewing it as a form of natural, instead of only cultural, selection. (shrink)

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis (...) when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side. (shrink)

Hegelian‐Marxian doctrines of dialectic progress through war and conflict are traced to Christian theosophy of historical necessity and “imperialistic missionarism.” Jewish fossilized existence is traced to its antiproselytizing “kibbutz” ideology of dialogic coexistence. Tolerance is possible either through an ideological balance of terror between equal opposing powers or through mutual volitionary space evacuating Cabalic style contraction. According to the Biblical definition of covenant, brit, a coexisting shalom (peace) is possible only through separating and rebinding which comprises the shalem (complete). Japanese (...) Makuya Christianity is presented as an anti‐imperialistic model for mutual contraction facilitating the coexisting shalom‐shalem between equals who are different but not indifferent to each other. (shrink)

While Descartes’s Passions of the Soul has been taken to hold a place in the history to human physiology, until recently philosophers have neglected the work. In this research summary, I set Descartes’s last published work in context and then sketch out its philosophical significance. From it, we gain further insight into Descartes’s solution to the Mind--Body Problem -- that is, to the problem of the ontological status of the mind--body union in a human being, to the nature of body--mind (...) causation, and to the way body-caused thoughts represent the world. In addition, the work contains Descartes’s developed ethics, in his account of virtue and of the passion of générosité in particular. Through his taxonomy of the passions and the account of their regulation, we also learn more about his moral psychology. (shrink)

In "Toward an Augustinian Liberalism," Paul Weithman argues that modern liberal institutions should be concerned with the political vice of pride as a threat to the neutral, legitimate use of public power that liberalism demands. By directing our attention to pride, Weithman attempts to provide an incentive to and foundation for an Augustinian liberalism that can counteract this threat. While Weithman is right to point to the centrality of pride in understanding the modern liberal tradition, an investigation of the early (...) modern reflections on pride in politics reveals a deeper tension between Augustine and modern liberalism than Weithman's analysis acknowledges. This essay discusses this tension by focusing on Hobbes's account of pride and equality in the commonwealth, asking whether Hobbes can be understood as a thinker in the Augustinian political tradition. In order to provide a background on pride as a political vice, this essay contrasts Aristotelian magnanimity with Augustinian humility. Finally, Aquinas's attempt to reintroduce magnanimity into the Augustinian political tradition is considered as a more consistent development of Augustine's thought, thereby revealing more pointedly the tension between Augustine and modern liberalism. By way of conclusion, the possibility of deflating this tension is briefly addressed by considering Jean Bethke Elshtain's discussion of an Augustinian liberalism that does not rely upon a "secular" conception of human nature. (shrink)

In the last decade there has been a pragmatic turn in the work of those doing Christian ethics, especially as represented by the work of Jeffrey Stout and Franklin Gamwell. The pragmatic turn represents a critique of the highly influential work of Stanley Hauerwas and Alasdair MacIntyre, which argues for a strongly intra-church ethics. The pragmatists are correct in arguing that Christian ethics must engage the public sphere. However, I argue that they are deeply mistaken in their claim that this (...) engagement must rest on a weak or non-existent theology. I show that the claim that robust theology adds nothing to ethics, and that we can get along without it, is unsustainable. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)

Axelrod (The evolution of cooperation, 1984) and others explain how cooperation can emerge in repeated 2-person prisoner’s dilemmas. But in public good games with anonymous contributions, we expect a breakdown of cooperation because direct reciprocity fails. However, if agents are situated in a social network determining which agents interact, and if they can influence the network, then cooperation can be a viable strategy. Social networks are modelled as graphs. Agents play public good games with their neighbours. After each game, they (...) can terminate connections to others, and new connections are created. Cooperative agents do well because they manage to cluster with cooperators and avoid defectors. Computer simulations demonstrate that group formation and exclusion are powerful mechanisms to promote cooperation in dilemma situations. This explains why social dilemmas can often be solved if agents can choose with whom they interact. (shrink)

Cruelty is widely regarded to be a uniquely human trait. This follows from a standard definition of cruelty as involving the deliberate infliction of suffering together with the empirical claim that humans are unique in their ability to attribute suffering (or any mental state) to other creatures. In this paper I argue that this definition is not optimum for the purposes of scientific inquiry. I suggest that its intuitive appeal stems from our abhorrence of cruelty, and our corresponding desire to (...) define cruelty in such a way that it is almost always morally wrong. Scientifically speaking this is an arbitrary condition that inhibits our attempt to study cruelty as a natural phenomenon. I propose a fully naturalized definition of cruelty, one that considerably expands the range of creatures and behaviors that may be conceived as cruel. (shrink)

Constitutional liberal practices are capable of being normatively grounded by a number of different metaphysical positions. Kant provides one such grounding, in terms of the autonomously derived moral law. I argue that the work of Edmund Burke provides a resource for an alternative construal of constitutional liberalism, compatible with, and illumined by, a broadly Thomistic natural law worldview. I contrast Burke's treatment of the relationship between truth and cognition, prudence and rights, with that of his contemporary, Kant. We find that (...) in each case where Kant's system is constructed from the first principle of autonomy, Burke's thought is oriented toward an end that is not of our making. Readings of Burke as a natural law thinker are currently out of fashion among Burke commentators; without relying, for the main thesis, on historical claims about Burke's "Thomism," I nonetheless explore and challenge some of the assumptions that underlie the current orthodoxy. (shrink)

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...) rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification (ratio essendi) of a totalitarian regime. (shrink)

What role should the physician's conscience play in the practice of medicine? Much controversy has surrounded the question, yet little attention has been paid to the possibility that disputants are operating with contrasting definitions of the conscience. To illustrate this divergence, we contrast definitions stemming from Abrahamic religions and those stemming from secular moral tradition. Clear differences emerge regarding what the term conscience conveys, how the conscience should be informed, and what the consequences are for violating one's conscience. Importantly, these (...) basic disagreements underlie current controversies regarding the role of the clinician's conscience in the practice of medicine. Consequently participants in ongoing debates would do well to specify their definitions of the conscience and the reasons for and implications of those definitions. This specification would allow participants to advance a more philosophically and theologically robust conversation about the means and ends of medicine. (shrink)

Seth Pringle-Pattison (233n1) observed that Locke “teaches a twofold mystery—in the first place, of the essence (‘for the powers or qualities that are observable by us are not the real essence of that substance, but depend upon it or flow from it’), and in the second place, of the substance itself (‘Besides, a man has no idea of substance in general, nor knows what substance is in itself.’ Bk. II.31.13).” In this paper, I’ll explain the relation between the two mysteries. (...) Our Rosetta Stone is Locke’s argument that we understand body and spirit equally well since we are ignorant of their underlying substances but we “have distinct clear Ideas of two primary Qualities, or Properties” (2.23.30) of each. I’ll show that he is working with a restricted notion of primary quality in this passage, but one that demonstrably falls under the kind defined in his chapter on primary and secondary qualities. According to Locke, the fundamental primary qualities of bodies flow from corporeal substances and the determinations of these fundamental qualities constitute real essences. Locke’s discussion can’t be understood without understanding the relevant scholastic background. In the first half of my paper, I’ll explain his argument as an idiosyncratic application of doctrines he learned and taught at Oxford. In the second half, I’ll use lessons from my interpretation of the argument to explain the relation that Locke believes obtains between a substance and its fundamental primary qualities, and then I’ll build upon that explanation to elucidate his general account (insofar as he has a general account) of the inherence of qualities in corporeal substances. (shrink)

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This article analyses supplier–buyer relationships where the suppliers adapt to the buyers’ needs and expectations to gain mutual advantages. In some cases, such closely knit relationships lead to violations of the autonomy of one or both partners. A concept of corporate autonomy is developed to analyze this problem. Three different facets can be distinguished: rule autonomy, executive autonomy, and control autonomy. A case study of Mattel’s problems with lead-contaminated toys produced in China shows that the CA of buyer and supplier (...) can be restricted as a result of a dysfunctional partnership involving a moral dilemma. (shrink)

ABSTRACTLate Enlightenment German materialism has hardly attracted any scholarly attention in the past, in spite of the fact that there were quite a few exponents of it. In this paper, I identify the philosophically most important ones and examine to what extent they were connected with each other. In fact, there are local concentrations of materialists at universities and academic circles in Göttingen, Halle, and Gießen. I then discuss the spectrum of materialist positions held by them, from empiricist naturalism in (...) the case of Michael Hißmann to emergentism and Spinozism in the case of Karl von Knoblauch. Finally, I examine how German materialists conceived of the nature of soul and its immortality. It turns out that most of them were mortalists, with the exception of August Wilhelm Hupel, and some of them also endorsed Socinianism. (shrink)

The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity. (shrink)

This article concerns the problems of proportionality in the theory of punishment. The problem is how to determine whether the severity of a punishment for a criminal offense is proportional to the seriousness of that offense. The resolution to this problem proposed in the article is that, first, one understand punishment as pain or loss intentionally and openly inflicted on someone S in retaliation for something S did, by a person or agent who is at least as powerful as S, (...) and, second, one take such retaliatory pain or loss as, within stable social groups, a means for preserving social order. Accordingly, it is argued that, on this proposal, the measure by which the severity of punishment is determined to be proportional to the seriousness of the crime for which it is inflicted is the minimal amount of pain or loss necessary to preserve social order. Sentencing policies that follow this measure, it is then observed, tend to yield less severe punishments than the policies that classical deterrence theory yields. Finally, the article offers an argument for regarding as morally more defensible sentencing policies whose goal is preserving social order than sentencing policies whose goal is that of classical deterrence theory, which is to achieve the smallest incidence of crimes consistent with not diminishing the overall welfare of society. (shrink)

In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...) to the state of nature. I argue that McClennen’s full cooperators are best described as reasonable agents whose rationality is constrained by moral considerations and that McClennen’s bargaining theory is moralized in this regard. If, by contrast, the orthodox concept of rationality is assumed and plausible assumptions are made about human nature and social cooperation, then a modified version of the standard Nash bargaining solution, which I call the stabilized Nash bargaining solution (Moehler 2010), is justified. From the perspective of rational agents, the stabilized Nash bargaining solution can accommodate McClennen’s criticisms of the standard Nash bargaining solution in the context of the social contract and, for such agents, it can serve as a principle of distributive justice in deeply morally pluralistic societies. (shrink)

According to the theory of natural pedagogy, humans have a set of cognitive adaptations specialized for transmitting and receiving knowledge through teaching; young children can acquire generalizable knowledge from ostensive signals even in a single interaction, and adults also actively teach young children. In this article, we critically examine the theory and argue that ostensive signals do not always allow children to learn generalizable knowledge more efficiently, and that the empirical evidence provided in favor of the theory of natural pedagogy (...) does not defend the theory as presented, nor does it support a weakened version of the theory. We argue that these problems arise because the theory of natural pedagogy is grounded in a misguided assumption, namely that learning about the world and learning about people are two distinct and independent processes. If, on the other hand, we see the processes as interrelated, then we have a better explanation for the empirical evidence. (shrink)

(2014). Cross-world luck at the time of decision is a problem for compatibilists as well. Philosophical Explorations: Vol. 17, No. 2, pp. 112-125. doi: 10.1080/13869795.2014.912673.

This paper explores the role that empathy can play in the interpretation of constitutional rights. It starts by analyzing the complex concept of empathy, comparing it with similar yet distinct concepts such as projection, sympathy and emotional contagion, then it discusses the widespread distrust of empathy among lawyers and legal thinkers. It will be argued that empathy can play a significant role in the interpretation of constitutional rights, mostly in identifying the interests and needs put forward in the claims and (...) counterclaims of the parties. In the final section, the impact of empathetic judging on judicial minimalism will be briefly discussed. (shrink)

Based on the extended conceptualization of corporate citizenship, as provided by Matten and Crane :166–179, 2005), this paper examines the new role of corporations in society. Taking the ideas of Matten and Crane one step further, we argue that the status of corporations as citizens is not solely defined by their factual engagement in the provision of citizenship rights to others. By analysing political and sociological citizenship theories, we show that such engagement is more adequately explained by a change in (...) the self-conception of corporate citizens from corporate bourgeois to corporate citoyens. While the corporate bourgeois acts primarily for private business purposes, the corporate citoyen engages in society, performing civil and political rights and duties. As an intermediate actor in society, shaped by the principle of subsidiary task-sharing, the corporate citoyen undertakes co-responsibility for social and civic affairs and actively collaborates with fellow citizens below, beside and beyond governmental regulation. (shrink)

This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the 'problem of social order'. (...) In this Hume's argument is indebted to the original form of this argument found in Hobbes's Leviathan. (shrink)

This paper is part of a broader argument that seeks to offer a justification for political authority. It aims to investigate the role of truth in political argument and to place the problem of reasonable disagreement. The argument focuses on the possibility of political deliberation, that figures as a stage of political decision-making. It has to do with a confrontation between incompatible substantive beliefs which, however, all seem to be reasonable. How can citizens holding incompatible beliefs engage in an enterprise (...) of justifying them to one another? That is the question. (shrink)

Ralph Cudworth (1617–1688) is a member of the group of philosophers and theologians commonly called ‘the Cambridge Platonists’. Although not part of the canon of great early modern philosophers, Cudworth’s work is of more than merely passing interest. Cudworth was an influential philosopher in the early modern period both for his criticisms of contemporaries like Hobbes, Descartes, and Spinoza, and for his own distinctive philosophical views. This entry focusses on Cudworth’s views on mind and body, considering both his criticisms of (...) contemporaries’ theories of mind and body, and outlining his alternative form of dualism in which plastic nature plays a central role. (shrink)

Kinship was one of the key areas of research interest among anthropologists in the nineteenth century, one of the most hotly debated areas of theory in the early and mid-twentieth century, and yet an area of waning interest by the end of the twentieth century. Since then, the study of kinship has experienced a revitalization, with concomitant disputes over how best to proceed. This special issue brings together recent studies of kinship by scientific anthropologists employing evolutionary theory and quantitative methods. (...) We argue that the melding of the evolutionary theoretical perspective with quantitative and ethnographic methodologies has strengthened and reinvigorated the study of kinship by synthesizing and extending existing research via rigorous analyses of evidence. (shrink)

In its enunciation of “We the people,” the Constitution of the United States of America becomes a constitution of the flesh as it simultaneously invokes a constitution, a nation and a people. Correspondingly, its amendments as a list of rights pertaining to sex and race discrimination, and freedoms of bodily movement and action, assert the Constitution’s authority through the evocation of “natural” human bodies. In this article, I explore the way in which a sovereignty of the United States’ Constitution is (...) realised in the particularlised bodies of its citizens. The fundamental and foundational laws of the United States, and the narratives and myths used to interpret them, are in part rendered legitimate by the Constitution’s embodiment, which extends from its physical manifestation in written documents into the flesh of its citizens. In order to make this argument, I turn to the film The Matrix (1999), the success of which relies on an investment in bodies and the United States’ Constitution as matter through its interwoven narrative themes of human slavery and emancipation, reality and computer-generated simulation. At the same time, The Matrix extends its ideological play into the bodies of its audience, who experience the film’s thrillingly sensorial fantasies of constitutional rights while enjoying its affective special effects. Thus, the sovereign authority of United States constitutional law is experienced as “natural” through the phenomenological experience of cinema. (shrink)