Moral options are permissions to do less than best, impartially speaking. In this paper, we investigate the challenge of reconciling moral options with the ideal of justifiability to each individual. We examine ex-post and ex-ante views of moral options and show how they might conflict with this ideal in single-choice and sequential-choice cases, respectively. We consider some ways of avoiding this conflict in sequential-choice cases, showing that they face significant problems.

At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At (...) many private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

This was abstracted from a lengthier article titled "A Genuine Monotheism for Christians, Muslims, Jews, and All" originally published in the JOURNAL OF ECUMENICAL STUDIES, 52:575-586. Thanks to Paul Chase at Penn Press Journals for permission to use it here. This article proposes an understanding of the identity of God and Jesus that might be attractive and even plausible to persons of all monotheistic faiths. The basic thesis is that Jesus (as both "fully God and fully human") is best (...) understood to mean that Jesus fully identified with God experientially, psychologically, evaluationally, morally, and spiritually; and God fully identified with Jesus in similar ways. Read the article to get the full explanation of this. Might the founders and saints of non-Christian religions also have also thus identified with God, and God with them? (shrink)

This is the co-authored--with Carolyn Korsmeyer--Introduction to the first published feminist scholarship in The Journal of Aesthetics and Art Criticism (Volume 48, Number 4, Fall 1990). Contributors included Hilde Hein, Paul Mattick, Jr., Timothy Gould, Joanne B. Waugh, Joseph Margolis, Mary Devereaux, Noel Carroll, Flo Leibowitz, Anita Silvers, Elizabeth Ann Dobie, Renee Cox, and Ellen Handler Spitz. All essays were subsequently published in an expanded book version entitled, Feminism and Tradition in Aesthetics by Penn State Press (1995).

BOOK REVIEW: Through fifteen interrelated essays, Daniel Campos’ Loving Immigrants in America reflects upon his experiences as a Latin American immigrant to the United States and develops an experiential philosophy of personal interaction. Building upon previous work, Campos’ implicit conceptual framework comes from Charles S. Peirce’s dual philosophical accounts of the evolution of personality and evolutionary love. But the flesh and blood of the book are Campos’ own personal experiences as an immigrant who has labored for more than twenty years (...) to make himself at home in the United States, aka la Yunai, by growing to love an impressively broad range of places and people across the country. Campos begins in rural Arkansas (where he arrived as an eighteen-year-old from Costa Rica to study at a small religious liberal arts college), travels extensively across the Deep South (in a series of road trips described in Chapters 3-6), completes an MA in Statistics and later a PhD in Philosophy at Penn State, and eventually settles to teach at Brooklyn College where he is surrounded by immigrants from all over the world. The book’s cast of characters and Campos’ interactions with them are so extensive as to defy generalization, but careful readers are likely to walk away convinced of Campos’ claim that “anyone who is receptive and attentive to the commonality of human experience can empathize with immigrants” (2). (shrink)

Originally published in 1927, John Dewey’s The Public and Its Problems is a landmark work in pragmatist political philosophy. Today many commentators appreciate it as the mature expression of the American pragmatist’s democratic theory (though at least two later essays are perhaps more representative). It is also considered a classic text for students of twentieth-century American political thought. The book was originally a series of lectures given at Kenyon College in 1926. Many of its central ideas grew out of debate (...) Dewey had with a fellow public intellectual, Walter Lippmann. Besides its inclusion in the collected works (1996, edited by Larry Hickman), the only other edition to be released was by Swallow Press in 1954, containing Dewey’s half-page foreword (1927) and his twelve-page afterword (1946). With the arrival of Penn State Press’ new edition, introduced and edited by Melvin L. Rogers, The Public and Its Problems receives a monumental facelift. It includes a chronology of Dewey’s life events, an editorial note, and Rogers’ introduction to the work, subtitled ‘Revisiting the Public and Its Problems’. (shrink)

This review essay (in Hebrew) considers the volume Judaism, Race, and Ethics, edited by Jonathan K. Crane (Penn, 2020), and briefly presents the content of the articles included in this important volume. The review then raises several substantial axiological and linguistic questions considering the term "race", and suggests some moral insights from Jewish tradition regarding the idea of the oneness of humanity and of all human creatures, as a basis for opposing racism.

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...) conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)