Senior managers are important to the successful management of ethics in organizations. Therefore, their perceptions of organizational ethics are important. In this study, we propose that senior managers are likely to have a more positive perception of organizational ethics than lower level employees do largely because of their managerial role and their corresponding identification with the organization and need to protect the organization’s image as well as their own identity. By contrast, lower level employees are more likely to be cynical (...) about the organization’s ethics. In order to compare senior managers’ and lower level employees’ perceptions of ethics in the organization, we surveyed randomly selected senior managers and lower level employees in three firms. We found that perceptions of ethics in the organization differed predictably across levels, with senior managers’ perceptions being significantly more positive and lower level employees’ perceptions being more negative. Implications for practice and research are discussed. (shrink)

Senior managers are important to the successful management of ethics in organizations. Therefore, their perceptions of organizational ethics are important. In this study, we propose that senior managers are likely to have a more positive perception of organizational ethics than lower level employees do largely because of their managerial role and their corresponding identification with the organization and need to protect the organization’s image as well as their own identity. By contrast, lower level employees are more likely to be cynical (...) about the organization’s ethics. In order to compare senior managers’ and lower level employees’ perceptions of ethics in the organization, we surveyed randomly selected senior managers and lower level employees in three firms. We found that perceptions of ethics in the organization differed predictably across levels, with senior managers’ perceptions being significantly more positive and lower level employees’ perceptions being more negative. Implications for practice and research are discussed. (shrink)

Moral identity has been touted as a foundation for understanding moral agency in organizations. The purpose of this article is to review the current state of knowledge regarding moral identity and highlight several promising avenues for advancing current understandings of moral actions in organizational contexts. The article begins with a brief overview of two distinct conceptual perspectives on moral identity—the character perspective and the social-cognitive perspective—that dominate extant literature. It then discusses varying approaches that have been taken in attempting to (...) measure moral identity. The final two sections of the article review empirical findings regarding the antecedents and consequences of moral identity, respectively. Mechanisms and situational factors that are pertinent to moral agency in organizations are emphasized in both sections. (shrink)

ABSTRACT:Neuroethics, the study of the cognitive and neural mechanisms underlying ethical decision-making, is a growing field of study. In this review, we identify and discuss four themes emerging from neuroethics research. First, ethical decision-making appears to be distinct from other types of decision-making processes. Second, ethical decision-making entails more than just conscious reasoning. Third, emotion plays a critical role in ethical decision-making, at least under certain circumstances. Lastly, normative approaches to morality have distinct, underlying neural mechanisms. On the basis of (...) these themes, we draw implications for research in business ethics and the practice of ethics training. (shrink)

The field of business ethics has been active for several decades, but it has yet to develop a generally agreed upon applied ethical perspective for the discipline. Academics in business disciplines have developed useful science-based models explaining why business people behave ethically but without a generally accepted definition of ethical behavior. Academics in moral philosophy have attempted to formulate what they believe ethical behavior is, but many seem to ignore or reject the basic mission of business. The purpose of this (...) article is to offer one view of ethics in business that accommodates the mission of business. This purpose is achieved by reviewing the mission of ethics in applied disciplines like business and melding it into the mission of business in capitalistic societies. (shrink)

Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar aspects (...) of the common law, seeking to explain, in particular, fundamental features of the law of tort in terms of such economic ideas as transaction costs (Coase), Kaldor-Hicks efficiency (Posner), or minimizing the sum of the accident costs and avoidance costs (Calabresi and Malamed). In each case, they argued that the law of torts should be understood as a set of liability rules selected for their incentive effects, rather than as a set of substantive rights and remedies for their violation. These authors claimed to be able to explain most of the features of tort law and, where features were found that did not fit with their preferred explanations, recommended modification. Although they disagreed on important questions,1 each of the pieces seems to work a manageable structure into what strikes first-year law students as an otherwise random morass of common-law judgments. Generations of legal academics were introduced to these works, and drawn into their way of looking at things. As a student studying first-year torts with Calabresi at Yale, I had the sense that I was in the presence of greatness. (shrink)

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...) distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists. (shrink)

The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase's “The problem of social cost”, Richard Posner's “A theory of negligence” and Guido Calabresi and Douglas Malamed's “Property rules, liability rules, and inalienability: One view of the cathedral” – offered economic analyses of familiar aspects of the common law, seeking to explain, in particular, fundamental features of the law of (...) tort in terms of such economic ideas as transaction costs, Kaldor-Hicks efficiency, or minimizing the sum of the accident costs and avoidance costs. In each case, they argued that the law of torts should be understood as a set of liability rules selected for their incentive effects, rather than as a set of substantive rights and remedies for their violation. These authors claimed to be able to explain most of the features of tort law and, where features were found that did not fit with their preferred explanations, recommended modification. Although they disagreed on important questions, each of the pieces seems to work a manageable structure into what strikes first-year law students as an otherwise random morass of common-law judgments. Generations of legal academics were introduced to these works, and drawn into their way of looking at things. As a student studying first-year torts with Calabresi at Yale, I had the sense that I was in the presence of greatness. (shrink)

★正向心理學經典之作 ★?心流之父?契克森米哈伊、?正向心理學之父?塞利格曼等高度評價，國際媒體齊聲推薦！ 啟動你我內在如大象般強大的力量 我們的「心」，是頭放任的大象； 我們的「智」，是具備掌控能力的騎象人， 心與智往往意見相左，各行其是…… 如何破除人象的對峙、拉扯？ 如何引領大象找到人生幸福的方向？ 學會馭象，就能獲得 愛、工作、審美、管理、人際關係、靈性覺醒上的諸多能力！ 強納森．海德把人類思考了兩千多年的問題，歸結為十個假設，放在科學的天平上，探討到底哪些是真理，哪些是謬誤。他融合了心理學、哲學、倫理學、宗教以及人類學等學科知識，並且大量引用了古今中外的哲學、文學與宗 教中有關人心的看法，再用神經科學與社會心理學的研究成果來驗證關於古老的關於幸福的假設。 他認為，人的心理可分為兩半，一半像桀驁不馴的大象，另一半則是理性的騎象人，面對改變時，理智與情感的拉扯就像是「象與騎象人」。這種人象的對峙，不僅會影響我們的決策，也會削弱我們的幸福感。 當我們學會駕馭心中的大象，我們就整合了各個面向的自我，而能全心投入愛、工作、關係、智慧成長中，最終能騎著大象，去到自己心中嚮往的幸福天地。 各界推薦 有人說，尋找人生智慧，要從自己最意想不到的地方開始。 希望每位惜時如金的讀者都可以從《象與騎象人》這本智慧之作中收穫意想不到的感悟。本書無論哪個方面，都能為大家帶來裨益。──全球華人正向心理學協會主席、劍橋大學幸福研究院亞太主任 蘇德中 駕馭內在的力量並不容易，但它值得我們用一生探究和學習。──諮商心理師╱璞成心理學堂總監 蘇絢慧 我個人特別推薦第六章〈愛與依附〉及第九章〈靈性的覺醒〉，作者撰寫的方式具科學實證又能深入淺出，本書確為正向心理學經典之作。──高雄醫學大學正向心理學中心主任 吳相儀 要理解幸福，建議就從跟隨本書作者海德開始吧！──正向心理學之父 馬汀•塞利格曼（Martin E.P. Seligman） 這是一本重要的、可讀性特別強的作品，能給讀者帶來愉悅的享受。──心流之父米 哈里•契克森米哈伊（Mihaly Csikszentmihalyi） 這是一部令人欣喜的作品……是一部源於正向心理學運動、內容充實的智慧之作。──《自然》（Nature） 從來沒有哪本書能如此清晰、如此充滿智慧地展示出對人類境況的理解。──《衛報》（The Guardian） 這本書引人入勝、令人欣慰，充滿了人文關懷與情趣，它將古代文明的洞見與現代心理學知識巧妙地融合在了一起。──《泰晤士報》（The Times of London） 一項鼓舞人心、細緻入微的研究。 ──《人物》（People） 本書能夠引導我們把每一天過得更好，它的觀點新穎、嚴謹、令人鼓舞。──《圖書館雜誌》（ Library Journal ） 作者簡介 強納森．海德（Jonathan Haidt） 現居紐約市，是著名心理學家，在紐約大學史登商學院擔任倫理領導學教授，主要研究如何在組織中運用積極心理學和道德心理學，被稱為「21世紀最不該被忽視的心理學家」。 1992年獲得美國賓州大學社會心理學博士學位後，即於維吉尼亞大學任教十六年之久。自1999年，他活躍參與正向心理學相關的活動，並因而在2001年獲得「鄧普頓獎」（Templeton Prize），是正向心理學先鋒派領袖。 《象與騎象人》一書是他的思想精華，一出版就登上亞馬遜心理學類排行榜榜首，熱銷不墜，更榮獲來自媒體、學界、企業界的各方好評。 譯者簡介 李靜瑤 臺灣大學政治系國際關系組學士，輔仁大學翻譯學研究所碩士。譯有：《象與騎象人》《失竊的未來：生命的隱形浩劫》《億萬商戰》《60秒壓力管理》《百事達傳奇》等。.

Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Sentimental Rules is an ambitious and highly interdisciplinary work, which proposes and defends a new theory about the nature and evolution of moral judgment. In it, philosopher Shaun Nichols develops the theory that emotions play a critical role in both the psychological and the cultural underpinnings of basic moral judgment. Nichols argues that our norms prohibiting the harming of others are fundamentally associated with our emotional responses to those harms, and that such 'sentimental rules' enjoy an advantage in cultural evolution, (...) which partly explains the success of certain moral norms. This has sweeping and exciting implications for philosophical ethics. Nichols builds on an explosion of recent intriguing experimental work in psychology on our capacity for moral judgment and shows how this empirical work has broad import for enduring philosophical problems. The result is an account that illuminates fundamental questions about the character of moral emotions and the role of sentiment and reason in how we make our moral judgments. This work should appeal widely across philosophy and the other disciplines that comprise cognitive science. (shrink)

Most of the debate about drug testing in the workplace has focused on the right to privacy. Proponents of testing have had to tackle difficult questions concerning the nature, extent, and weight of the privacy rights of employees. This paper examines a different kind of argument — the claim that because corporations are responsible for harms committed by employees while under the influence of drugs, they are entitled to test for drug use. This argument has considerable intuitive appeal, because it (...) seems, at least at first glance, to bypass the issue of privacy rights altogether. The argument turns, not on rights, but on the nature and conditions of responsibility. We may therefore call it an ought implies can argument.In spite of its initial appeal, however, the argument does not succeed in circumventing the claims of privacy rights. Even responsibility for the actions of others does not entitle us to do anything at all to control their behavior; we must look to rights, among other things, to determine what sorts of controls are morally permissible. In addition, the argument rests on unjustified assumptions about the connection between drug testing and the prevention of drug-related harm. (shrink)

Scientists from various disciplines have begun to focus attention on the psychology and biology of human morality. One research program that has recently gained attention is universal moral grammar (UMG). UMG seeks to describe the nature and origin of moral knowledge by using concepts and models similar to those used in Chomsky's program in linguistics. This approach is thought to provide a fruitful perspective from which to investigate moral competence from computational, ontogenetic, behavioral, physiological and phylogenetic perspectives. In this article, (...) I outline a framework for UMG and describe some of the evidence that supports it. I also propose a novel computational analysis of moral intuitions and argue that future research on this topic should draw more directly on legal theory. (shrink)

Managers have a unique fiduciary responsibility to shareholders of a firm that implies a set of ethical obligations. At a minimum, managers are required to protect shareholder’s interests when other stakeholders are unaffected by their decision. This ethical imperative has been established in the literature. In cases of conflicts of interest between managers and shareholders, the board of directors of the firm has an ethical obligation to shareholders. The structure of the board can affect its ability to fulfill this obligation. (...) Two specific cases where managerial actions have been argued to be unethical are the adoption of classified boards and poison pills. In this study, we empirically analyze the role of board structure in protecting shareholder rights in the specific case of antitakeover provisions. We test this question on a sample of firms whose shareholders have voted to remove antitakeover provisions and find that independent, focused boards are more likely to accede to shareholder resolutions than are less independent boards. Board size is also important and related to other board structures. We draw implications of this finding for future research on the ethics of board governance.What’s really needed is a change in mindset—one that fosters not only a culture of compliance but also a company-wide environment that fosters ethical behavior and decision-making.—William H. Donaldson, SEC Chairman (2004). (shrink)

The common view is that insider trading is always unethical and illegal. But such is not the case. Some forms of insider trading are legal. Furthermore, applying ethical principles to insider trading causes one to conclude that it is also sometimes ethical. This paper attempts to get past the hype, the press reports, and the political grandstanding to get to the truth of the matter. The author applies two sets of ethical principles – utilitarianism and rights theory – in an (...) attempt to determine when, and in what circumstances, insider trading is ethical. The views of Henry Manne, an early proponent of insider trading, are critically examined, as are the major arguments against insider trading. Is insider trading good for the company if it is used as a form of executive compensation which makes it possible to pay lower salaries than would otherwise be the case? Does insider trading cause the stock market to work more efficiently? If insider trading does increase efficiency, is that sufficient to call for its total legalization, or are there other things to be considered? Several arguments against insider trading have been put forth over the last few decades but there are problems with all of them. One of the main arguments is the fairness argument. The problem with this argument is that different people have different definitions of unfairness. A closely related argument is the level playing field argument, which advocates wider dissemination of information so that it is less asymmetric. One problem with the level playing field argument is that it is better applied to sporting competitions than to trading in information. Some economists argue that forcing the disclosure of nonpublic information can actually result in more harm than good and must necessarily involve the violation of property rights. Other arguments examined in this chapter include the fiduciary duty argument, the problem of outside traders, the misappropriation doctrine and the restrictions that insider trading laws place on freedom of speech and press. The article concludes by setting forth some principles or guidelines to determine when insider trading should be punished and when it should not. (shrink)

ABSTRACT:Despite widespread attention to corruption and organizational change in the literature, to our knowledge, no research has attempted to understand the linkages between these two powerful organizational phenomena. Accordingly, we draw on major theories in ethics, sociology, and management to develop a theoretical framework for understanding how organizational change can sometimes generate corruption. We extend anomie theory and ethical climate theory to articulate the deinstitutionalization of the normative control system and argue that, through this deinstitutionalization, organizations have the potential to (...) become incubators for corruption. We qualify this process by proposing conditions more ripe for anomie and under which this deinstitutionalization is more likely to occur, propounding moderating relationships that influence organizational reconfiguration. Examples of turbulence in the contemporary business environment that can trigger change highlight our discussion. We conclude with managerial implications, offering means by which the deleterious effects of corruption may be arrested or controlled. (shrink)

A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique (...) of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)

Evolutionary biology – or, more precisely, two (purported) applications of Darwin's theory of evolution by natural selection, namely, evolutionary psychology and what has been called human behavioral biology – is on the cusp of becoming the new rage among legal scholars looking for interdisciplinary insights into the law. We argue that as the actual science stands today, evolutionary biology offers nothing to help with questions about legal regulation of behavior. Only systematic misrepresentations or lack of understanding of the relevant biology, (...) together with far-reaching analytical and philosophical confusions, have led anyone to think otherwise. Evolutionary accounts are etiological accounts of how a trait evolved. We argue that an account of causal etiology could be relevant to law if (1) the account of causal etiology is scientifically well-confirmed, and (2) there is an explanation of how the well-confirmed etiology bears on questions of development (what we call the Environmental Gap Objection). We then show that the accounts of causal etiology that might be relevant are not remotely well-confirmed by scientific standards. We argue, in particular, that (a) evolutionary psychology is not entitled to assume selectionist accounts of human behaviors, (b) the assumptions necessary for the selectionist accounts to be true are not warranted by standard criteria for theory choice, and (c) only confusions about levels of explanation of human behavior create the appearance that understanding the biology of behavior is important. We also note that no response to the Environmental Gap Objection has been proffered. In the concluding section of the article, we turn directly to the work of Owen Jones, a leading proponent of the relevance of evolutionary biology to law, and show that he does not come to terms with any of the fundamental problems identified in this article. (shrink)

This book is a provocative contribution to contemporary ethical theory challenging foundational conceptions of character that date back to Aristotle. John Doris draws on behavioral science, especially social psychology, to argue that we misattribute the causes of behavior to personality traits and other fixed aspects of character rather than to the situational context. More often than not it is the situation not the nature of the personality that really counts. The author elaborates the philosophical consequences of this research for a (...) whole array of ethical theories and shows that, once rid of the misleading conception of motivation, moral psychology can support more robust ethical theories and more humane ethical practices. (shrink)

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

Claims about people's intuitions have long played an important role in philosophical debates. The new field of experimental philosophy seeks to subject such claims to rigorous tests using the traditional methods of cognitive science – systematic experimentation and statistical analysis. Work in experimental philosophy thus far has investigated people's intuitions in philosophy of language, philosophy of mind, epistemology, and ethics. Although it is now generally agreed that experimental philosophers have made surprising discoveries about people's intuitions in each of these areas, (...) considerable disagreement remains about the philosophical significance of the key findings. Some have argued that work in experimental philosophy should be assessed by asking whether it can contribute to the kind of inquiry that is normally pursued within analytic philosophy, while others suggest that work in experimental philosophy is best understood as a contribution to a more traditional sort of philosophical inquiry that long predates the birth of analytic philosophy. (shrink)

The present volume provides an introduction to the major themes of work in experimental philosophy, bringing together some of the most influential articles in ...

Neuroscience has dramatically increased understanding of how mental states and processes are realized by the brain, thus opening doors for treating the multitude of ways in which minds become dysfunctional. This book explores questions such as when is it permissible to alter a person's memories, influence personality traits or read minds? What can neuroscience tell us about free will, self-control, self-deception and the foundations of morality? The view of neuroethics offered here argues that many of our new powers to read (...) ,alter and control minds are not entirely unparalleled with older ones. They have, however, expanded to include almost all our social, political and ethical decisions. Written primarily for graduate students, this book will appeal to anyone with an interest in the more philosophical and ethical aspects of the neurosciences. (shrink)

The general problem of moral luck—that responsibility is profoundly affected by factors beyond the control of the person held responsible—is often said to cause special problems for strict liability, as opposed to negligence liability. Negligence, the argument runs, holds people responsible for both fault and fate whereas strict liability holds people accountable solely for fate. This criticism is off the mark, both in its specific claim and in its general implications. The specific criticism is mistaken because the choice between negligence (...) and strict liability holds the contributions of fate constant. Strict liability holds people accountable for harms attributable to their agency, whereas negligence liability holds people accountable for harms attributable to their culpable agency. The more general thesis that strict liability puts agents at the mercy of fate is mistaken because the most important form of strict liability—strict enterprise liability in the law of torts—actually softens the blows of fate. In a world where the costs of accidents can be dispersed across the activities which engender them, strict enterprise liability substitutes certain but manageable insurance premiums for unpredictable but potentially catastrophic liability, and replaces less certain compensation for serious injury with more certain compensation. By subjecting us to a lottery some of whose spins of the wheel impose financial ruin, it is fault liability that puts our actions at the mercy of luck. (shrink)

Summary of, and response to criticism of, the authors' book, Fairness versus welfare (Harvard University Press, 2002).

ABSTRACT:In this article, we describe evolutionary psychology and its potential contribution to business ethics research. After summarizing evolutionary theory and natural selection, we specifically address the use of evolutionary concepts in psychology in order to offer alternative explanations of behavior relevant to business ethics, such as social exchange, cooperation, altruism, and reciprocity. Our position is that individuals, groups, and organizations all are affected by similar natural, evolutionary processes, such that evolutionary psychology is applicable at multiple levels of analysis (e.g., individual (...) and group). We introduce a variety of experiments and instruments employed by evolutionary psychologists to illustrate how ethics-relevant cultural norms and practices evolve and are regulated, and to raise the prospect that these experiments and instruments can be useful in future business ethics research. (shrink)

ABSTRACT:Drawing upon the collective action model of institutional change, I reconceptualize moral imagination as both a social process and a cognitive one. I argue that moral outcomes are not produced by individual actors alone; rather, they emerge from collective action processes that are influenced by political conditions and involve behaviors that include issue framing and resource mobilization. I also contend that individual moral imagination involves the integration of moral sensitivity with consideration of collective action dynamics. I illustrate my arguments with (...) a case study of the Chad-Cameroon oil project. The paper suggests new directions in teaching and research on moral imagination. (shrink)

The claim that " Everyone's doing it" is frequently offered as a reason for engaging in behavior that is widespread but less-than-ideal. This is particularly true in business, where competitors' conduct often forces hard choices on managers. When is the claim " Everyone's doing it" a morally valid reason for following others' lead? This discussion proposes and develops five prima facie conditions to identify when the existence of prevalent but otherwise undesirable behavior provides a moral justification for our engaging in (...) such behavior ourselves. The balance of the discussion focuses on testing these conditions by applying them to aseries of representative cases in business ethics. (shrink)

The claim that "Everyone's doing it" is frequently offered as a reason for engaging in behavior that is widespread but less-than-ideal. This is particularly true in business, where competitors' conduct often forces hard choices on managers. When is the claim "Everyone's doing it" a morally valid reason for following others' lead? This discussion proposes and develops five prima facie conditions to identify when the existence of prevalent but otherwise undesirable behavior provides a moral justification for our engaging in such behavior (...) ourselves. The balance of the discussion focuses on testing these conditions by applying them to aseries of representative cases in business ethics. (shrink)

Moral identity has been touted as a foundation for understanding moral agency in organizations. The purpose of this article is to review the current state of knowledge regarding moral identity and highlight several promising avenues for advancing current understandings of moral actions in organizational contexts. The article begins with a brief overview of two distinct conceptual perspectives on moral identity—the character perspective and the social-cognitive perspective—that dominate extant literature. It then discusses varying approaches that have been taken in attempting to (...) measure moral identity. The final two sections of the article review empirical findings regarding the antecedents and consequences of moral identity, respectively. Mechanisms and situational factors that are pertinent to moral agency in organizations are emphasized in both sections. (shrink)

Women as commercial baby factories, nature as an economic resource, life as one big shopping mall: This is what we get when we use the market as a common ...

This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.

The allure of science has always captivated members of the legal profession. Its siren's song has followed us throughout much of American legal history. We look to science to rescue us from the experience of uncertainty and the discomfort of difficult legal decisions, and we are constantly disappointed.The notion of what constitutes science and what it would take to make law more scientific varies across time. What does not vary is our constant return to the well. We are constantly seduced (...) into believing that some new science will provide answers to law's dilemmas, and we are constantly disappointed.This essay describes episodes in law's misguided love affair with science across the last two hundred years. Illuminating the tantalizing traps that we fall into repeatedly may help us avoid these paths in the future. (shrink)

A contract theory is an attempt both to make normative sense of contract law as an institutional type and to come up with criteria for the evaluation of the law of any particular place. There is no precise rule telling us how far the prescriptions of a theory can deviate from actually existing contract law and still be a theory of contract — rather than a political proposal to replace contract law with something else. But we can say roughly that (...) contract theory aims to provide normative foundations for the type of legal institution that enforces (some) agreements and unilateral commitments. Having provided an account of the point of having an institution of that general kind, the theory can then be used to evaluate existing examples. (shrink)

As drug testing has become increasingly used to maximize corporate profits by minimizing the economic impact of employee substance abuse, numerous arguments have been advanced which draw the ethical justification for such testing into question, including the position that testing amounts to a violation of employee privacy by attempting to regulate an employee's behavior in her own home, outside the employer's legitimate sphere of control. This article first proposes that an employee's right to privacy is violated when personal information is (...) collected or used by the employer in a way which is irrelevant to the terms of employment. This article then argues that drug testing is relevant and therefore ethically justified within the terms of the employment agreement, and therefore does not amount to a violation of an employee's right to privacy. Arguments to the contrary, including the aforementioned appeal to the employer's limited sphere of control, do not account for reasonable constraints on employee privacy which are intrinsic to the demands of the workplace and implicit in the terms of the employment contract. (shrink)

Bibliography of works in experimental philosophy.