This article offers a theoretical and doctrinal solution to a vexing question in public law: how to determine the justifiability of Charter rights-limiting administrative decisions. The jurisprudence suggests three approaches, or modes of reasoning: minimal impairment analysis, ‘interest balancing’, and ‘values-advancing reasoning’. Like Cerberus, the guard dog of Hades, Canadian public law has become three-headed. While scholars and courts argue about which mode of reasoning is categorically best, the culture of justification compels us to ask instead which provides the (...) most compelling explanation for each rights-limiting decision. Just as cutting off one of Cerberus’s heads would diminish his effectiveness as a guard dog, rejecting either of the modes of reasoning would limit decision makers’ capacity to explain their decisions and undermine a culture of justification. The article makes a theoretical case for retaining all three modes of reasoning and sets out a doctrinal approach to determining when each is applicable. (shrink)

In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient ...

_The face of American education is evolving—and the roadmap is clear_ _On the Rocketship: How Top Charter Schools are Pushing the Envelope_ examines the rise and expansion of leading charter school network Rocketship, revealing the "secret sauce" that makes a successful program. A strong narrative with a timely message, the book explores how Rocketship started and the difficulties encountered as it expands. Designing schools for children who have been failed by traditional schools is extremely challenging work. Setbacks are (...) inevitable. Later in the book the narrative shifts to the national picture, exploring how high performing charter schools are changing the education landscape in cities such as Denver, Memphis, and Houston. The book emerges just as charter schools are running into stiff political opposition in New York City and elsewhere. Even in San Jose, Rocketship's home base, the pushback against charter schools is gaining speed. _On the Rocketship_ becomes a valuable resource for explaining what's at stake in this battle. Lose these schools, in New York, San Jose and other cities, and low-income and minority students lose their best shot at a quality education. Written by a veteran journalist who followed Rocketship through a school year, the book explores some of the factors that make Rocketship and other charters successful, including the blended learning that was pioneered at charter schools, especially Rocketship. Many schools around the country are looking to Rocketship as a model for implementing blended learning. The interplay between charter schools and blended learning is setting a change in motion, and the American education system is ready to evolve. _On the Rocketship_ details this phenomenon, providing insights for educators across the nation. (shrink)

Part of a series exploring ethical issues relevant to the practising nurse. In terms of ethics, The Patient's Charter is about the rights of patients and clients. This book views the ethical issues of the charter from four different viewpoints - the nurse, the doctor, the manager and the patient.

This paper is an ethical exegesis of the biblical story of Gibeah, which concludes the Book of Judges (19–21), to show the catastrophic failure of the anti-political politics of the “community of virtue”, i.e., the rejection of power for the sake of moral society, such as proposed by libertarians, neo-liberals, anarchists and utopians. I consider Kant’s statement of the political problem: given humanity’s unsocial sociality, where each person is tempted to act as an exception to universal law, humans need rulers, (...) but how to obtain rulers who are not themselves ruled by power, and become tyrannical, rather than being ruled by justice? The solution proposed by “the community of virtue” would reject power altogether and replace it with society regulated exclusively according to the moral virtue of its members. The Bible’s story of Gibeah shows graphically and conclusively the failure of any such attempt. Instead, as with normative political philosophy, the Bible endorses the rule of a king, i.e., the rule of the state, and a politics whereby power is disciplined to serve justice because it is rooted in Torah, i.e., a fundamental covenant, charter or constitution, aware and vigilant regarding the ambiguities and temptations of sovereignty, and therefore, ideally, always open to critique. As exemplified by biblical prophets, political protest against injustices perpetrated by the powerful against the least—widow, orphan, stranger—is at once religious obligation and true patriotism. (shrink)

Drawing upon hitherto-unused sources and written in a lively, accessible style, this book represents a shift in the historiography of British education. At the center of the investigation is Joseph Payne, born in humble circumstances in 1808, who in 1873 was appointed to the first professorship in Britain, established by a chartered body of schoolteachers. By that date Payne had acquired a considerable reputation-as the founder of two of the most successful of Victorian private schools; a classroom practitioner of rare (...) skill; the author of bestselling textbooks; a scholar, despite no formal education; and as a leading member of such bodies as the College of Preceptors, the Scholastic Registration Association, the Girls' Public Day School Trust, the Women's Education Union, and the Social Science Association. (shrink)

Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...

Do other living creatures alienate themselves from their own species with only selfish concern for material successes and external achievement? ...

ExcerptThe Ukraine war since February 2022 has exposed stark cleavages in international politics. The end of history long ago ended, and with it the conviction that Western civilization and its distinctive form of modernity would become universal.1 The clash of civilizations, in the model outlined by Samuel Huntington, has also been shown to be misdirected, although not entirely misguided.2 There is a struggle between civilizations, but the line is drawn not between the great religious blocs but along rather different lines. (...) It is the Atlantic West that has emerged as the leading contender, provoking a range of reactions from Eurasia and the Global South. The front line now runs within the Global North, between the Atlantic powers and an ill-defined Eurasian bloc, both of which are firmly part of European culture and civilization. The conflict can be viewed as a type of civil war, generated not by civilizational conflict per se but by geopolitics. The political West that took shape in Cold War I represented a distinctive combination of power and authority. Power was expressed above all by the military potential vested in the United States and formalized in a multilateral format with the creation of the North Atlantic Treaty Organization (NATO) in 1949. Authority was generated by the principles underlying the political West, whose founding document is the Atlantic Charter of August 1941, which enunciated Wilsonian themes of democracy and security. (shrink)

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law.

With the end of the Cold War the world approached the prospect of realizing what one might call the ‘Kantian moment’ in international relations. Auspiciously, 1995 marked both the 50th anniversary of the establishment of UN Charter, in which human rights guarantees prominently figured, as well as the 200th anniversary of Kant’s celebrated text on ‘Perpetual Peace.’ During the era of the EastWest political stalemate, the idea of effective world governance remained a chimera, as both political camps willfully exploited (...) international governmental organizations (IGOs), such as the UN and UNESCO, for the self-serving ends of Realpolitik. Human rights claims were brazenly politicized. The Soviets lambasted American racism and the inadequacy of social rights. The USA and its allies, conversely, pilloried their opponent’s failure to minimally respect basic, first-generation civil and political liberties. (Published: 26 May 2010) Citation: Ethics & Global Politics, Vol. 3, No. 2, 2010, pp. 143-153. DOI: 10.3402/egp.v3i2.5213. (shrink)

Philosophers debate the death of philosophy as much as they debate the death of God. Kant claimed responsibility for both philosophy's beginning and end, while Heidegger argued it concluded with Nietzsche. In the twentieth century, figures as diverse as John Austin and Richard Rorty have proclaimed philosophy's end, with some even calling for the advent of "postphilosophy." In an effort to make sense of these conflicting positions—which often say as much about the philosopher as his subject—Isabelle Thomas-Fogiel undertakes the (...) first systematic treatment of "the end of philosophy," while also recasting the history of western thought itself. Thomas-Fogiel begins with postphilosophical claims such as scientism, which she reveals to be self-refuting, for they subsume philosophy into the branches of the natural sciences. She discovers similar issues in Rorty's skepticism and strands of continental thought. Revisiting the work of late-nineteenth and early-twentieth-century philosophers, when the split between analytical and continental philosophy began, Thomas-Fogiel finds both traditions followed the same path—the road of reference—which ultimately led to self-contradiction. This phenomenon, whether valorized or condemned, has been understood as the death of philosophy. Tracing this pattern from Quine to Rorty, from Heidegger to Levinas and Habermas, Thomas-Fogiel reveals the self-contradiction at the core of their claims while also carving an alternative path through self-reference. Trained under the French philosopher Bernard Bourgeois, she remakes philosophy in exciting new ways for the twenty-first century. (shrink)

... and Normative Epistemology The Distinction Between Metaepistemology and Normative Epistemology Although this terminology is relatively new, ...

The country's leading libertarian scholar sets forth the essential principles for a legal system that best balances individual liberty versus the common good.

Today the radical as well as the organizing pacifism have become compatible in the engagement for an universal legal system, which is based on the acknowledgement of human rights and a general prohibition of the use of force. The classical doctrines of just war have become obsolete, but their implicit elements concerning moral criticism of violence are indispensable. The author critisizes the misuse of the human rights argument for the justification of military interventionism. A legitimate policy of peace and security (...) has to depend on the development of a collective security system as proposed by the UN-Charter. It cannot be based on traditional military alliances of defence. To intervene in domestic conflicts, if any, peacekeeping operations are qualified, when and as far as they bind themselves to the principles of consensus of all parties concerned, of strict neutrality and of deescalation. There is a special obligation for Germany to restrain herself in military actions and toset an example in developing an international culture of nonviolence. (shrink)

'Tis true governments cannot be supported without great charge, and it is fit everyone who enjoys a share of the protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e., the consent of the majority giving it either by themselves or their representatives chosen by them. For if any one shall claim a power to lay and levy taxes on the people, by his own authority, and (...) without such consent of the people, he thereby invades the fundamental law of property and subverts the end of government. For what property have I in that which another may by right take when he pleases to himself. (shrink)

1. Pragmatism: Philosophical versus everyday. 2. Legal pragmatism. 3. John Dewey on Democracy and law. 4. Two concepts of democracy. 5. Democracy defended. 6. The concepts applied.

There is long-standing disagreement among systematists about how to divide biodiversity into species. Over twenty different species concepts are used to group organisms, according to criteria as diverse as morphological or molecular similarity, interbreeding and genealogical relationships. This, combined with the implications of evolutionary biology, raises the worry that either there is no single kind of species, or that species are not real. This book surveys the history of thinking about species from Aristotle to modern systematics in order to understand (...) the origin of the problem, and advocates a solution based on the idea of the division of conceptual labor, whereby species concepts function in different ways - theoretically and operationally. It also considers related topics such as individuality and the metaphysics of evolution, and how scientific terms get their meaning. This important addition to the current debate will be essential for philosophers and historians of science, and for biologists. (shrink)

_Epistemology_ is an accessible and indispensable volume for undergraduates studying philosophy. Essential introduction to epistemology, a field of fundamental philosophical importance Offers concise and well-written synopses of different epistemological debates and concerns.

Posner characterizes the current preoccupation with moral and constitutional theory as an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise, and advocates a rebuilding of the law on the basis of systematic empirical inquiry.

_Epistemology _is an accessible and indispensable volume for undergraduates studying philosophy. Essential introduction to epistemology, a field of fundamental philosophical importance Offers concise and well-written synopses of different epistemological debates and concerns.

Because little is known about the human trait of affiliation, we provide a novel neurobehavioral model of affiliative bonding. Discussion is organized around processes of reward and memory formation that occur during approach and consummatory phases of affiliation. Appetitive and consummatory reward processes are mediated independently by the activity of the ventral tegmental area (VTA) dopamine (DA)–nucleus accumbens shell (NAS) pathway and the central corticolimbic projections of the u-opiate system of the medial basal arcuate nucleus, respectively, although these two projection (...) systems functionally interact across time. We next explicate the manner in which DA and glutamate interact in both the VTA and NAS to form incentive-encoded contextual memory ensembles that are predictive of reward derived from affiliative objects. Affiliative stimuli, in particular, are incorporated within contextual ensembles predictive of affiliative reward via: (a) the binding of affiliative stimuli in the rostral circuit of the medial extended amygdala and subsequent transmission to the NAS shell; (b) affiliative stimulus-induced opiate potentiation of DA processes in the VTA and NAS; and (c) permissive or facilitatory effects of gonadal steroids, oxytocin (in interaction with DA), and vasopressin on (i) sensory, perceptual, and attentional processing of affiliative stimuli and (ii) formation of social memories. Among these various processes, we propose that the capacity to experience affiliative reward via opiate functioning has a disproportionate weight in determining individual differences in affiliation. We delineate sources of these individual differences, and provide the first human data that support an association between opiate functioning and variation in trait affiliation. Key Words: affiliation corticolimbic-striatal networks; appetitive and consummatory reward; dopamine; oxytocin; personality; social bonds; social memory; u-opiates. (shrink)

Imitation is said to be the sincerest form of flattery. Socially, the proposition may well be true. But in the world of ideas it is false: to the extent that two incompatible traditions use the same words or symbols to articulate different visions of legal or social organization, imitation begets confusion, not enlightenment. The effects of that confusion, moreover, are not confined to the world of ideas, but spill over into the world of politics and public affairs. Words are more (...) than tools of description: they work also as tools of persuasion and transformation. Let a term have a favorable connotation in one context, and its imitative use can mislead people into thinking that a major departure from established practice is merely the extension or updating of an old principle to deal with new circumstances. (shrink)

This elevating pull of an ethics that can account for the relation of self and other without reducing either term is the central theme of these essays.

In lieu of an abstract, here is a brief excerpt of the content:Against Ethical CriticismRichard A. PosnerOscar Wilde famously remarked that “there is no such thing as a moral or an immoral book. Books are well written, or badly written. That is all.” He was echoed by Auden, who said in his poem in memory of William Butler Yeats that poetry makes nothing happen (though the poem as a whole qualifies this overstatement), by Croce, and by formalist critics such as (...) Cleanth Brooks, a doyen of the New Critics, who insisted that edification was the function of religion but not of poetry. 1 George Orwell, though himself a didactic novelist, was of this view as well, 2 and it is one that most critics adopt when the issue is censorship. I accept Wilde’s thesis—the creed of aestheticism, of art for art’s sake—if understood to mean that the moral content and consequences of a work of literature are irrelevant to its value as literature; or as the critic Helen Vendler has put it, that “treating fictions as moral pep-pills or moral emetics is repugnant to anyone who realizes the complex psychological and moral motives of a work of art.” 3 This is not to deny that reading can have consequences, including moral and political ones. Information affects people’s outlook and behavior, and reading is a source of information. Imaginative literature conveys ideas, opinions, and information, often with great power. Think of the role that novels by Turgenev (Fathers and Sons), Dostoevsky (The Possessed), Conrad (The Secret Agent, Under Western Eyes), Koestler (Darkness at Noon), Orwell (Animal Farm, Nineteen Eighty-Four), and, of course, Solzhenitsyn played in exposing the horrors of anarchism and communism. Of A Passage to India it has been said that “as an account of the social conditions of British India it was powerful enough to have influenced events.” 4 Upton Sinclair’s novel The Jungle is thought to have incited federal regulation of food processing; and few doubt the effect of Uncle Tom’s Cabin (1852) on the abolitionist cause. [End Page 1]At the core of the aesthetic tradition, which I shall be defending in this essay particularly against its opponents in the “law and literature” movement, are three theses. First, immersion in literature does not make us better citizens or better people. One might be able to pick out some works of literature that would have such an effect because of the information they convey or the emotional state they induce, but they would constitute a skewed sample of literary works. Second, we should not be put off by morally offensive views encountered in literature even when the author appears to share them. A work of literature is not to be considered maimed or even marred by expressing unacceptable moral views; by the same token, a mediocre work of literature is not redeemed by expressing moral views of which we approve. The proper criteria for evaluating literature are aesthetic rather than ethical. Third, authors’ moral qualities or opinions should not affect our valuations of their works.The insistence, in short, is on the separation of the moral from the aesthetic—but with two qualifications. Some literature has little interest or value apart from the didactic and for it the proper criticism is didactic. And the separation of moral from aesthetic values is not a rejection of the former. The aesthetic outlook is a moral outlook, one that stresses the values of openness, detachment, hedonism, curiosity, tolerance, the cultivation of the self, and the preservation of a private sphere—in short, the values of liberal individualism.The counter tradition in literary criticism to the aesthetic originates with Plato and insists upon the importance, in some versions to the near or even total exclusion of anything else, of the ethical or political content and effects of works of literature, and less commonly of the author’s own morality. Martha Nussbaum, for example, deems Greek tragedies and Anglo-American realistic novels a part of moral philosophy. 5 Reading novels, she argues, “develops moral capacities without which citizens will not succeed in making reality out of the normative conclusions of any moral or political theory, however excellent.” 6 Wayne Booth, disagreeing with his illustrious... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Breakdown of C i M phy " artes an eta sacs RICHARD A. WATSON WITHIN CARTESIANISMthere arose many problems deriving from conflicts between Cartesian principles. Inadequate attempts to solve these problems were crucial reasons for the breakdown of Cartesian metaphysics in the late seventeenth and early eighteenth centuries. The major difficulties derived from the acceptance of a dualism of substances seated in a system which included epistemological (...) and causal likeness principles plus an ontological framework in which the categories of substance and modification were exhaustive. The major solutions involved either denying the likeness principles or altering the ontological framework. The first led to unintelligibility ; the second, culminating in Hume, opened the way to non-Cartesian metaphysics. The first section of this study contains a characterization of late seventeenth -century Cartesian metaphysics. The second is an exposition of Foucher 's four major criticisms of this system. In the third section, monistic solutions suggested in Descartes and by Spinoza, Foucher, Leibniz, and Locke are considered; in the fourth, the dualistic solutions of the orthodox Cartesians Rohault, R~gis, Desgabets, La Forge, Le Grand, and Arnauld; and in the fifth, the occasionalist solution of Malebranche. The sixth section is an analysis of these orthodox and occasionalist solutions, showing how each ultimately fails because of dependence upon the ontology of substance and modification. The seventh section is a consideration of Berkeley and Hume in the Cartesian context. A consideration of their systems as offering solutions to Cartesian problems illuminates in new light both the systems and the problems. In broad terms, this study moves from a consideration of problems arising from an ontology of two substances, to a consideration of problems arising from the ontological pattern of substance and modification. The Cartesians were concerned with relationships between two substances, but they saw no difficulties connected with the relationship between a substance and its modifications (or properties). Berkeley's treatment (deriving from Male- [177] 178 HISTORY OF PHILOSOPHY branche) of the relationships between mind and idea, and between mind and notion, is illuminated by a consideration of the extent to which he took these relationships for granted in the Cartesian way, and of the extent to which he saw difficulties in the relationship between substance and modification. The Berkeleian solution to Cartesian problems, like that of Malebranche before him, was not successful; Malebranche belittled, and Berkeley denied the dualism of substances, but neither philosopher could break entirely with the ontological pattern of substance and modification. The final breakdown of Cartesian metaphysics came with Hume, who, in providing the culmination of a most important trend in modern philosophy, opened the way to new metaphysics and became the father of contemporary philosophy. I A model late seventeenth-century Cartesian metaphysical system. The last grand expositor of the Cartesian philosophy was Antoine Le Grand who in 1694 published An Entire Body of Philosophy. The characterization of the late seventeenth-century Cartesian system given below follows Le Grand's exposition more closely than others, but it also incorporates elements from those of Rohault, R6gis, Desgabets, La Forge, Malebranche, and Arnauld.1 None of these philosophers professed a system of exactly the sort this characterization pictures, nor is it implied here that they do. The guide and rationale for drawing from them such a model Cartesianism is the polemical writing of Simon Foucher. Foucher's series of attacks upon Cartesianism (of which the second is his criticism of Malebranche of 1675, Critique de la Rdcherche de la veritd) give clearly the most important objections against Cartesian metaphysics.2The system outlined below, while more com1Le Grand, Antoine, An Entire Body of Philosophy According to the Principles of the Famous Renate des Cartes (London, 1694); Rohault, Jacques, Traitd de physique (Paris, 1671); R6gis, Pierre-Sylvain, Syst~me de philosophie, contenant la logique, la mdtaphysique, la physique et la morale (Lyon, 1690); Desgabets, Robert, Critique de la Critique de la Recherche de la veritd, oCt l'on decouvre le chemin qui conduit aux connoissances solides. Pour servir de rdsponse gtla Lettre d'un academicien (Paris, 1675); La Forge, Louis de, Traitd de l'dme humaine, de ses facultds et fonctions et de son union avec le corps, d'apr~s les principes de... (shrink)

The reputation and influence of Emmanuel Levinas has grown powerfully. Well known in France in his lifetime, he has since his death become widely regarded as a major European moral philosopher profoundly shaped by his Jewish background. A pupil of Husserl and Heidegger, Levinas pioneered new forms of exegesis with his post-modern readings of the Talmud, and as an ethicist brought together religious and non-religious, Jewish and non-Jewish traditions of contemporary thought. Richard A. Cohen has written a book which (...) uses Levinas' work as its base but goes on to explore broader questions of interpretation in the context of text-based ethical thinking. Levinas' reorientation of philosophy is considered in critical contrast to alternative contemporary approaches such as those found in modern science, psychology, Nietzsche, Freud, Husserl, Heidegger, Sartre, Merleau-Ponty, Derrida and Ricoeur. Cohen explores a manner of philosophizing which he terms 'ethical exegesis'. (shrink)

Ame Naess, John Rodman, George Sessions, and others, designated herein as ecosophers, propose an egalitarian anti-anthropocentric biocentrism as a basis for a new environmental ethic. I outline their “hands-off-nature” position and show it to be based on setting man apart. The ecosophic position is thus neither egalitarian nor fully biocentric. A fully egalitarian biocentric ethic would place no more restrictions on the behavior of human beings than on the behavior of any other animals. Uncontrolled human behavior might lead to the (...) destruction ofthe environment and thus to the extinction of human beings. I thus conclude that human interest in survival is the best ground on which to argue for an ecological balance which is good both for human beings and for the whole biological community. (shrink)