Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...) these reasons, very plausibly, often amount to an obligation to so act. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Law and technology , though not equivalent, are intertwined at every phase of a technology's "career." Any technology is directly or indirectly social, and as such becomes a target of regulation intrinsically or in relation to other technologies which it supports or opposes. Competing interests influence major decisions as to which technologies are encouraged or discouraged, heavily regulated or not, banned or not. Examples considered range from bounties to fuel, communication, and transportation preferences.

Business ethics should include illicit businesses as targets of investigation. For, though such businesses violate human rights they have been largely ignored by business ethicists. It is time to surmount this indifference in view of recent international efforts to define illicit businesses for regulatory purposes. Standing in the way, however, is a meta-ethical question as to whether any business can be declared unqualifiedly immoral. In support of an affirmative answer I address a number of counter-indications by comparing approaches to organized (...) crime and to corporate crime, comparing the ethical critique of businesses studied in business ethics and those socially banned, and comparing the business ethics assumption as to businesses’ ethicality to societal ethical neutrality regarding war-related businesses. My conclusion: to help advance respect for human rights, business ethicists should apply their expertise to the task of defining illicit businesses. (shrink)

A drone industry has emerged in the US, initially funded almost exclusively for military applications. There are now also other uses both governmental and commercial. Many military drones are still being made, however, especially for surveillance and targeted killings. Regarding the latter, this essay calls into question their legality and morality. It recognizes that the issues are complex and controversial, but less so as to the killing of non-combatant civilians. The government using drones for targeted killings maintains secrecy and appeals (...) to non-traditional justifications. Most scholars who assess these killer drone practices support citizen immunity, either by favoring a modified just war theory that prioritizes civilians’ right to life or by challenging official deviations from applicable laws. They accordingly declare such killing immoral if not a war crime. The manufacturers of these killer drones are not themselves the killers, but they are abetters, i.e., sine qua non facilitators. So, I argue that any company concerned about its corporate social responsibility should cease manufacturing them. (shrink)

Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty is (...) diminishing; and, in effect, though still attributed to nation-states, it is being transferred to the MNC. The main aim of this article is (1) to draw on normative considerations to claim that this MNC proto-sovereignty should be modified and (2) to contend that this can eventually be accomplished by adding to corporate adoption of CSR guidelines a regimen of global human rights enforcement. I base this contention on expectations about the internationalization of corporate criminal law and the globalization of civil society in general and of NGOs in particular. I consider various jurisdictions but I focus on US jurisprudence. (shrink)

American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due in part to the (...) investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)

Corporate social responsibility (CSR) research has ignored the arms industry, in large part because of political assumptions that tie this industry to nation-state sovereignty. Bypassing this obsolescent Westphalian world-view, I examine the US arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find the arms industry fails each of these four CSR requirements. In response to the assertion that the arms industry should not be subject to CSR requirements because (...) it is crucial to national defense, I point out that many arms manufacturers are post-Westphalian entities more powerful in their own right than many nation-states. So they should be held responsible for the foreseeable consequences that flow from use of their products, both under civil law and, where applicable, under international human rights standards. (shrink)

This article is by design a response to Alastair M. Taylor's "For Philosophers and Scientists: A General Systems Paradigm." That work is an advance over stage theories. But its focus on modernization tacitly accepts marginalization. Its focus on an undifferentiated evolving human species disregards intra- and intersocietal conflicts. Its uncritical talk of societal energy shifts obscures the reality of conquest and exploitation. If general systems theory is to be truly objective, it should take into account world-around system imbalance and the (...) relevance of Newton's Third Law. (Publisher omitted title of this article and used only its subtitle.). (shrink)

This article argues in favor of modifying the medical model of severe psychiatric disturbances that underlies calling them "mental illness." The key reason for this proposal is that numerous specialists other than physicians as well as non-specialists contribute to the process of assisting a person recover from what the author suggests might better be called "extraordinary functional disability." There is little uniformity in existing definitions under state laws, but all involve three types of intervention: civil commitment; civil determination of legal (...) competency; and standing to be subject to criminal law. Physicians typically make relevant determinations in each of these areas; but non-physicians are the principal care-givers once a determination has been made. (shrink)

Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy with personhood. Professional relationships are prima (...) facie private but may be investigated for cause. Privacy may entail both intimacy and caring but neither necessarily so. Finally, various technology-based means of intrusion are rendering privacy ever more difficult to sustain. (shrink)

Businesses cause social harm, meaning harm to society at large and not just to those with whom a business is contractually linked. Evidence introduced: normative claims that businesses should be "socially responsible"; positive claims that they contribute to social well-being; and negative claims that they are sometimes military-like, causing extensive harm for which no one is held personally responsible. The latter point to corporate survivalism, which acknowledges no mandatory civil responsibilities. Neither law nor social pressure has yet counteracted this mind (...) set. Business ethics might, but not if its practitioners examine only narrowly contractual relationships. (shrink)

Ethical questions regarding access to and use of electronically generated data are (if asked) commonly resolved by distinguishing in Lockean fashion between raw (unworked) and refined (worked) data. The former is thought to belong to no one, the latter to the collector and those to whom the collector grants access. Comparative power separates free riders from rightful owners. The resulting two-tiered ethics of access is here challenged on the grounds that it inequitably establishes a rule of law for the strong (...) while leaving the weak in a Hobbesian state of nature. Efforts at legislative constraints are reviewed; but such constraints are found to afford inadequate protections of privacy if a data subject may not prohibit others under ordinary circumstances from using recognizably name-linked data. (shrink)

Edmund Burke grounds politics and the state over the pre-political network of moral relations, starting from the family, evolving, through the village, the parish and the town, up to the class and corporation, finally arriving to the nation. These subordinate affections can be geometrically imagined as expanding circles of belonging and, though strictly linked to the state, they are not reducible to it, nor can the state replace them. In Burke’s vision, the state of civil society is humankind’s state (...) of nature, for the reason that man is always, and since ever, a member of a community: we are from somewhere, Burke seems to suggest. Thus, politics is grounded in morality, and morality, in turn, is based on God’s will, which within history takes the form of natural law. The French Revolution, on the contrary, has broken the spontaneity of interactions between individuals and intermediate groups, eventually establishing the Terror. (shrink)

Edmund Burke grounds politics and the state over the pre-political network of moral relations, starting from the family, evolving, through the village, the parish and the town, up to the class and corporation, finally arriving to the nation. These subordinate affections can be geometrically imagined as expanding circles of belonging and, though strictly linked to the state, they are not reducible to it, nor can the state replace them. In Burke’s vision, the state of civil society is humankind’s state (...) of nature, for the reason that man is always, and since ever, a member of a community: we are from somewhere, Burke seems to suggest. Thus, politics is grounded in morality, and morality, in turn, is based on God’s will, which within history takes the form of natural law. The French Revolution, on the contrary, has broken the spontaneity of interactions between individuals and intermediate groups, eventually establishing the Terror. (shrink)

The paper explores Burke’s twofold solution to the paradox of negative emotions. His Philosophical Enquiry (1757/59) employs two models that stand on different anthropological principles: the Exercise Argument borrowed from authors like the Abbé Du Bos, guided by the principle of self-preservation, and the Sympathy Argument, propageted by notable men of lettres such as Lord Kames, ruled by the principle of sociability. Burke interlocks these two arguments through a teleologically-ordered physiology, in which the natural laws of the human body and (...) mind, secretly working in the depth of the nerve fibres, ensure both self-preservation and sociability. Utilizing both efficient and final causes throughout his Enquiry, Burke argues that the experiences of pain and terror – under certain conditions – are made agreeable (delight) by providence,so that the physiological mechanisms underlying these experiences could ensure the health and strenuousness of the nerve fibres amidst the corrupting pleasures of commercial society (Exercise Argument). Furthermore, due to the ambiguous character of this delight annexed to such experiences, they also function as exercises for our social passions (Sympathy Argument). Te 'egoistic' anthropological drive to remove the visceral uneasiness that dominates these experiences facilitates moral action when it is needed the most: when others in pain need our help. In accordance with the anthropocentric providentialism of the moderate Enlightenment, it is the design of the human frame that ensures the activities essential to our health (self-preservation) and moral conduct (sociability), a design that not only guarantees that pleasure, if exclusive and excessive, is 'inconvenient', and pain, if mitigated and harmless, is aesthetically agreeable, but also that our 'egoistic' drive to self-preservation ultimately improves sociability. (shrink)

Catharine Trotter Cockburn challenges voluntarist views held by British moral philosophers during the first half of the eighteenth century. After introducing her metaphysics of morality, namely, her account of human nature, and her account of moral motivation, which for her is a matter concerning the practice of morality, I analyze her arguments against theological voluntarism. I examine, first, how Cockburn rejects the view that God can by an arbitrary act of will change what is good or evil; second, how she (...) challenges views that understand the initial creation of the world solely in terms of divine will and draws attention to the role that the divine understanding plays in God’s creation; and third, how she argues that moral obligation does not require a superior lawmaker. I conclude by highlighting how Cockburn’s arguments not only challenge voluntarist views, but also offer support for her moral fitness theory. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

Attempts to ‘naturalize’ phenomenology challenge both traditional phenomenology and traditional approaches to cognitive science. They challenge Edmund Husserl’s rejection of naturalism and his attempt to establish phenomenology as a foundational transcendental discipline, and they challenge efforts to explain cognition through mainstream science. While appearing to be a retreat from the bold claims made for phenomenology, it is really its triumph. Naturalized phenomenology is spearheading a successful challenge to the heritage of Cartesian dualism. This converges with the reaction against Cartesian (...) thought within science itself. Descartes divided the universe between res cogitans, thinking substances, and res extensa, the mechanical world. The latter won with Newton and we have, in most of objective science since, literally lost our mind, hence our humanity. Despite Darwin, biologists remain children of Newton, and dream of a grand theory that is epistemologically complete and would allow lawful entailment of the evolution of the biosphere. This dream is no longer tenable. We now have to recognize that science and scientists are within and part of the world we are striving to comprehend, as proponents of endophysics have argued, and that physics, biology and mathematics have to be reconceived accordingly. Interpreting quantum mechanics from this perspective is shown to both illuminate conscious experience and reveal new paths for its further development. In biology we must now justify the use of the word “function”. As we shall see, we cannot prestate the ever new biological functions that arise and constitute the very phase space of evolution. Hence, we cannot mathematize the detailed becoming of the biosphere, nor write differential equations for functional variables we do not know ahead of time, nor integrate those equations, so no laws “entail” evolution. The dream of a grand theory fails. In place of entailing laws, a post-entailing law explanatory framework is proposed in which Actuals arise in evolution that constitute new boundary conditions that are enabling constraints that create new, typically unprestatable, Adjacent Possible opportunities for further evolution, in which new Actuals arise, in a persistent becoming. Evolution flows into a typically unprestatable succession of Adjacent Possibles. Given the concept of function, the concept of functional closure of an organism making a living in its world, becomes central. Implications for patterns in evolution include historical reconstruction, and statistical laws such as the distribution of extinction events, or species per genus, and the use of formal cause, not efficient cause, laws. (shrink)

The essay provides an account of the development of Reinach’s philosophy of “Sachverhalte” (states of affairs) and on problems in the philosophy of law, leading up to his discovery of the theory of speech acts in 1913. Reinach’s relations to Edmund Husserl and to the Munich phenomenologists are also dealt with.

Husserl and Frege reject logical psychologism, the view that logical laws are psychological 'laws of thought'. This paper offers an account of these famous objections and argues that their crucial premise, the necessity of logical laws, is justified with reference to a problematic metaphysics. However, this premise can be established in a more plausible way, namely via a transcendental argument which starts from the practice of rational criticism. This argument is developed through a discussion of Quine's holism, which at first (...) appears to make the idea of the necessity of logical laws even less plausible, but eventually turns out to speak in favor of this view. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' (...) War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

Provides a survey of the development of speech act theory from Aristotle through Reid and Peirce to Edmund Husserl, Anton Marty, Johannes Daubert, Adolf Reinach, and finally to Austin and Searle. A special role is played by Husserl's theory of objectifying acts (meaning, roughly, acts of naming or stating) and of the efforts by his followers to extend this theory to cover phenomena such as questioning and commanding. These efforts culminated in the work of Adolf Reinach, who developed the (...) first systematic theory of speech acts in connection with his monograph of 1913 on “The A Priori Foundations of the Civil Law”. (shrink)

In his "Reply to Iddo Landau," Edmund Wall responds to the author’s critique of some of the views expressed in his "Sexual Harassment and Wrongful Communication." The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and harmful (...) actions that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. Key Words: sexual harassment • discrimination • law • ethics • feminism. (shrink)

This article investigates the philosophical history of European universalism with the aim of differentiating between its two senses: the modern and the Ancient. Based on Edmund Husserl’s late interpretations on the unique character of Greek philosophy, this distinction is articulated in terms of “substantial” and “formal” accounts of universalism. Against the modern (substantial) idea of universalism, which took its point of departure especially from the natural law theories of the early modern period, Husserl conceived Greek universalism as an essentially (...) formal notion, which relied on the critique of one’s cultural-historical situation on the basis of the shared faculty of reason. Instead of a ready-made position, this idea of universalism is best described in terms of a “task”, which has its peculiar temporal horizon in infinity. By discussing the political implications of philosophical universalism, the article aims at uncovering its latent cultural implications, that is, the ideas of self-critique and self-renewal nurturing the utopian motive of culture. Thus by broadening the philosophical scope of universalism, the article will insist on its relevance for contemporary debate on Eurocentrism. (shrink)

Provides a survey of the development of speech act theory from Aristotle through Reid and Peirce to Edmund Husserl, Anton Marty, Johannes Daubert, Adolf Reinach, and finally to Austin and Searle. A special role is played by Husserl's theory of objectifying acts (meaning, roughly, acts of naming or stating) and of the efforts by his followers to extend this theory to cover phenomena such as questioning and commanding. These efforts culminated in the work of Adolf Reinach, who developed the (...) first systematic theory of speech acts in connection with his monograph of 1913 on “The A Priori Foundations of the Civil Law”. (shrink)

The deterministic or probabilistic laws of our representations and our science do not link what “is” to what “will be” but what “I know” to what “I could know”. Consistency is not a predicate on the physical laws of the world but on the logical laws of Meaning. If you cannot convince yourself of that. If you want to believe that the Softmatter of the Meaning cannot be more consistent than the Hardmatter of the physical world. Think again ... ...and (...) try to answer this question : Why would it be less unlikely for a physical world to evolve from the big bang to individuated knowing persons than for an amorphous interdependence to assemble (logically) individuated representations of the world ? (shrink)

It is an orthodoxy of modern political thought that violence is morally incompatible with politics, with the important exception of the permissible violence carried out by the state. The “commonsense argument” for permissible political violence denies this by extending the principles of defensive ethics to the context of state-subject interaction. This article has two aims: First, I critically investigate the commonsense argument and its limits. I argue that the scope of permissions it licenses is significantly more limited than its proponents (...) allow. Second, I develop an alternative (and supplementary) framework for thinking about permissible political violence. I argue that under certain circumstances, subjects may violently protest their treatment, where protest is understood as an expression of rejection of those circumstances. On my view, protest, including violent protest, is permissible when it is the fitting response to those circumstances. This alternative framework accounts for an important class of cases of intuitively permissible political violence, including cases in which such violence does not serve strategic political ends or is even counterproductive towards those ends. (shrink)

An important philosophical issue in the study of addiction is what difference the fact that a person is addicted makes to attributions of autonomy (and responsibility) to their drug-oriented behavior. In spite of accumulating evidence suggesting the role of emotional dysregulation in understanding addiction, it has received surprisingly little attention in the debate about this issue. I claim that, as a result, an important aspect of the autonomy impairment of many addicted individuals has been largely overlooked. A widely shared assumption (...) in the philosophical literature is that for addiction to impair a person’s autonomy it has to make them (in some sense) take drugs against their will. So-called “willing addicts” are therefore usually seen as exempted from the autonomy impairment believed to characterize “unwilling addicts”, the latter being those who ‘truly want’ to stop using drugs but find their attempts repeatedly derailed by failures of self-control. In this article, I argue that the association between addiction and emotional dysregulation shows why this assumption is false. Emotional dysregulation is not only consistent with the possibility that many addicts take drugs ‘willingly’, it supports the hypothesis that they use drugs because they truly want to. The article proposes an explanation for why emotional dysregulation should nevertheless be seen as an aspect of their loss of control and an important reason why they have impaired autonomy. I end by exploring some implications of this account for addict’s decision-making capacity when they are prescribed the drugs to which they are addicted. -/- . (shrink)

Edmund Husserl is the founder of phenomenology and the Logical Investigations is his most famous work. It had a decisive impact on twentieth century philosophy and is one of few works to have influenced both continental and analytic philosophy. This is the first time both volumes have been available in paperback. They include a new introduction by Dermot Moran, placing the Investigations in historical context and bringing out their contemporary philosophical importance. These editions include a new preface by Sir (...) Michael Dummett. (shrink)

[ES] En este breve trabajo, se presenta una edición bilingüe de Is Justified True Belief Knowledge?, de Edmund L. Gettier, donde se presentan contraejemplos a la definición de «conocimiento» como «creencia verdadera justificada». [ES] In this brief text, a bilingual edition of Is Justified True Belief Knowledge?, by Edmund L. Gettier, some counterexamples are presented to the definition of «knowledge» as «justified true belief».

Normative thinking about addiction has traditionally been divided between, on the one hand, a medical model which sees addiction as a disease characterized by compulsive and relapsing drug use over which the addict has little or no control and, on the other, a moral model which sees addiction as a choice characterized by voluntary behaviour under the control of the addict. Proponents of the former appeal to evidence showing that regular consumption of drugs causes persistent changes in the brain structures (...) and functions known to be involved in the motivation of behavior. On this evidence, it is often concluded that becoming addicted involves a transition from voluntary, chosen drug use to non-voluntary compulsive drug use. Against this view, proponents of the moral model provide ample evidence that addictive drug use involves voluntary chosen behaviour. In this paper we argue that although they are right about something, both views are mistaken. We present a third model that neither rules out the view of addictive drug use as compulsive, nor that it involves voluntary chosen behavior. -/- . (shrink)

Does addiction to heroin undermine the voluntariness of heroin addicts' consent to take part in research which involves giving them free and legal heroin? This question has been raised in connection with research into the effectiveness of heroin prescription as a way of treating dependent heroin users. Participants in such research are required to give their informed consent to take part. Louis C. Charland has argued that we should not presume that heroin addicts are competent to do this since heroin (...) addiction by nature involves a loss of ability to resist the desire for heroin. In this article, I argue that Charland is right that we should not presume that heroin addicts are competent to consent, but not for the reason he thinks. In fact, as Charland's critics correctly point out, there is plenty of evidence showing that heroin addicts can resist their desire for heroin. These critics are wrong, however, to conclude from this that we should presume that heroin addicts are competent to give their voluntary consent. There are, I shall argue, other conditions associated with heroin addiction that might constrain heroin addicts' choice in ways likely to undermine the voluntariness of their consent. In order to see this, we need to move beyond the focus on the addicts' desires for heroin and instead consider the wider social and psychological circumstances of heroin addiction, as well as the effects these circumstances may have on the addicts' beliefs about the nature of their options. (shrink)

How should addictive behavior be explained? In terms of neurobiological illness and compulsion, or as a choice made freely, even rationally, in the face of harmful social or psychological circumstances? Some of the disagreement between proponents of the prevailing medical models and choice models in the science of addiction centres on the notion of “loss of control” as a normative characterization of addiction. In this article I examine two of the standard interpretations of loss of control in addiction, one according (...) to which addicts have lost free will, the other according to which their will is weak. I argue that both interpretations are mistaken and propose therefore an alternative based on a dual-process approach. This alternative neither rules out a capacity in addicts to rationally choose to engage in drug-oriented behavior, nor the possibility that addictive behavior can be compulsive and depend upon harmful changes in their brains caused by the regular use of drugs. (shrink)

Business ethicists should examine not only business practices but whether a particular type of business is even prima facie ethical. To illustrate how this might be done I here examine the contemporary U.S. defense industry. In the past the U.S. military has engaged in missions that arguably satisfied the just war self-defense rationale, thereby implying that its suppliers of equipment and services were ethical as well. Some recent U.S. military missions, however, arguably fail the self-defense rationale. At issue, then, is (...) whether a business supporting these latter missions may not be circumstantially unethical. No it is not, say defense industry advocates, for two principal reasons. For one, this business benefits society at large in numerous ways. And, for another, the organizer of these military missions is a superpower which by its very nature is not subject to the ethical constraints of the self-defense rationale. I dispute both reasons, argue against the second, and conclude that the U.S. military-industrial complex (MIC) is circumstantially unethical. (shrink)

What is self-control and how does the concept of self-control relate to the notion of will-power? A widespread philosophical opinion has been that the notion of will-power does not add anything beyond what can be said using other motivational notions, such as strength of desire and intention. One exception is Richard Holton who, inspired by recent research in social psychology, has argued that will-power is a separate faculty needed for persisting in one's resolutions, what he calls 'strength of will'. However, (...) he distinguishes strength of will from self-control. In this paper I argue that will-power is essential also to a certain form of self-control. I support this claim by arguments showing that the traditional philosophical accounts of self-control run into difficulties because they pay insufficient attention to will-power as an independent source of motivation. (shrink)

Impairment of self-control is often said to be a defining feature of addiction. Yet many addicts display what appears to be a considerable amount of control over their drug-oriented actions. Not only are their actions clearly intentional and frequently carried out in a conscious and deliberate manner, there is evidence that many addicts are responsive to a wide range of ordinary incentives and counter-incentives. Moreover, addicts have a wide variety of reasons for using drugs, reasons which often seem to go (...) a long way towards explaining their drug-oriented behavior. Many use drugs, for example, to cope with stressful or traumatic experiences. In this article I argue that some standard philosophical explanations of addicts’ impairment of self-control are inadequate, and propose an alternative. (shrink)

In his target article and recent interesting book about addiction and the brain, Marc Lewis claims that the prevalent medical view of addiction as a brain disease or a disorder, is mistaken. In this commentary we critically examine his arguments for this claim. We find these arguments to rest on some problematical and largely undefended assumptions about notions of disease, disorder and the demarcation between them and good health. Even if addiction does seem to differ from some typical brain diseases, (...) we believe contrary to Lewis, that there are still good reasons to maintain its classification as a mental or behavioral disorder. (shrink)

Corporate social responsibility (CSR) has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization of (...) political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

It is common to think of addiction as involving behavior which in some sense is ?out of control.? But does this mean addictive actions occur because of compulsion or because of ordinary weakness of will? Many philosophers argue that addictive actions occur because of weakness of will, since there is plenty of evidence suggesting that they are not caused by irresistible desires. In fact, addicts seem, in general, to perform these actions freely in the sense of having the ability to (...) refrain from doing so. In this paper I argue, first, that it is not the addiction-as-compulsion view that is mistaken, but rather the view that irresistible desires are a defining feature of compulsion. Second, drawing on some results in addiction neuroscience, I construct and defend a new analysis of compulsivity that distinguishes addictive from weak-willed actions in a way that is consistent with the view that addictive actions are performed freely. (shrink)

What sort of connection is there between business ethics and philosophy? The answer given here: a weak one, but it may be getting stronger. Comparatively few business ethics articles are structurally dependent on mainstream academic philosophy or on such sub-specialities thereof as normative ethics, moral theory, and social and political philosophy. Examining articles recently published in the Journal of Business Ethics that declare some dependence, the author finds that such declarations often constitute only a pro forma gesture which could be (...) omitted without detriment to the paper's content and conclusions. He also finds, however, that some authors do draw on solid philosophical work in ways that are establishing ever more meaningful interconnections between business ethics and academic philosophy. These cross-disciplinary studies, he concludes, are ground-breaking and invite creative imitation. (shrink)

Deliberation incompatibilism is the view that an agent being rational and deliberating about which of (mutually excluding) actions to perform, is incompatible with her believing that there exist prior conditions that render impossible the performance of either one of these actions. However, the main argument for this view, associated most prominently with Peter van Inwagen, appears to have been widely rejected by contemporary authors on free will. In this paper I argue first that a closer examination of van Inwagen's argument (...) shows that the standard objections are based on a misunderstanding of the notion of ‘deliberation’ presupposed in this argument. Second, I attempt to strengthen the case for deliberation incompatibilism by offering a different argument in its support. (shrink)

Many scholars and activists favor banning illicit businesses, especially given that such businesses constitute a large part of the global economy. But these businesses are commonly operated as if they are subject only to the ethical norms their management chooses to recognize, and as a result they sometimes harm innocent people. This can happen in part because there are no effective legal constraints on illicit businesses, and in part because it seems theoretically impossible to dispose definitively of arguments that support (...) moral relativism. Progress is being made, however, towards a “second best” arrangement consisting of widespread institutional agreements regarding ethical norms. This development might eventually enable us to transcend moral relativism in some respects. Indeed, although some business ethicists who examine illicit business practices accept moral relativism, others attempt to surmount it. The latters’ endeavor, I show, is cross-cultural in nature in that it involves businesses that are deemed illicit in at least one but not every culture. I then recall some traditional solutions and their limits: ideological teachings are culture-specific, hence both temporally and spatially limited; legal constraints, though potentially helpful, are too diverse hence often narrow in reach. Especially problematic are defense industry businesses, which are inherently transcultural and, though uniquely harmful, are not effectively banned in any culture. Harm to quality of life (QoL) can, however, be measured. So I recommend institutional support for international human rights tied to QoL data as a workable way to counter moral relativism regarding illicit businesses. (shrink)

The problem of weakness of the will is often thought to arise because of an assumption that freely, deliberately and intentionally doing something must correspond to the agent's positive evaluation of doing that thing. In contemporary philosophy, a very common response to the problem of weakness has been to adopt the view that free, deliberate action does not need to correspond to any positive evaluation at all. Much of the support for this view has come from the difficulties the denial (...) of it has been thought to give rise to, both with respect to giving an account of weakness, as well as explaining the future-directed nature of intentions. In this paper I argue that most of these difficulties only arise for one particular version of the view that free, deliberate action must correspond to a positive evaluation, a version associated with Donald Davidson's account of weakness. However, another version of this view is possible, and I argue that it escapes the standard objections to the Davidsonian account. (shrink)

Just war theory needs to become a real-time critique of government war propaganda in order to facilitate peace advocacy ante bellum. This involves countering asserted justificatory reasons with demonstrable facts that reveal other motives, thereby yielding reflective understanding which can be collectivized via electronic media. As a case in point, I compare here the publicly declared reasons for the U.S./U.K. invasion of Iraq in 2003 with reasons discussed internally months and even years before in government and think-tank documents. These sources (...) show that control of oil rather than regime change or a WMD threat was theunderlying motive. Neo-conservatives in the Bush Administration justified such deception by citing an exoteric/esoteric distinction traceable to Plato via Leo Strauss. As with the Iraq invasion, so in general such propaganda and its rationalizations can be undermined by investigative journalism understood as ranging from fact gathering to rhetorical analysis and critique. (shrink)

There have been different interpretations of satisficing rationality. A common view is that it is sometimes rationally permitted to choose an option one judges is good enough even when one does not know that it is the best option. But there is available a more radical view of satisficing. On this view, it is rationally permitted to choose an option one judges is good enough even when a better option is known to be available. In this paper I distinguish between (...) two possible interpretations of ‘genuine’ satisficing, a de re and a de dicto interpretation. I then argue that while de re genuine satisficing is always irrational, de dicto genuine satisficing might be rationally permissible. In fact, de dicto genuine satisficing does not appear to be covered by existing accounts of satisficing behaviour. (shrink)

A complimentary assessment of Blum's award-winning book about racism and its affects. Well written as it is, it needs to be supplemented with a definition of racial injustice, and also to analyze racism not only on the level of individual morality but from a human rights perspective that discredits political and economic motives for racism (e.g., by drawing on Hannah Arendt's Origins of Totalitarianism).

A summary assessment of the dimensions and concentrations of military equipment manufacture primarily in the United States and western Europe and the extent of availability of this equipment to buyers throughout the world. Treaty-based limitations are also listed.