Background Little is known about communication between patients, families, and healthcare providers regarding ethical concerns that patients and families experience in the course of illness and medical care. To address this gap in the literature, we surveyed patients and family members to learn about their ethical concerns and the extent to which they discussed them with their healthcare providers. Methods We surveyed adult, English-speaking patients and family members receiving inpatient care in five hospitals in the Washington DC-Baltimore metropolitan area from (...) July 2017 to March 2020. Descriptive statistics were used to determine the frequency, comfortableness, and helpfulness of discussions regarding ethical concerns experienced when sick or receiving medical care. Univariable and multivariable stepwise logistic regression models were used to identify associations between healthcare provider and respondent characteristics and attitudes and (1) the likelihood of speaking to a healthcare provider about their ethical concern and (2) their level of comfort during these discussions. Results Of 468 respondents who experienced ethical issues, 299 (64%) reported discussing the situation with a member of their healthcare team; 74% (197/265) of respondents who had such a discussion found the discussion comfortable, and 77% (176/230) of respondents found the discussion helpful. To make discussions more comfortable and helpful, respondents proposed suggestions in open-ended responses involving (1) content and quality of communication; (2) positive healthcare provider qualities such as empathy, open-mindedness, knowledge, honesty, and trustworthiness; and (3) other contextual factors including having adequate time and available resources. Conclusions Patients and families often have ethical concerns that they discuss with clinicians, and they want clinicians to be routinely receptive and attentive to such discussions. (shrink)

Nearly all students believe academic cheating is wrong, yet few students say they would report witnessed acts of cheating. To explain this apparent tension, the present research examined college students’ reasoning about whether to report plagiarism or other forms of cheating. Study 1 examined students’ conflicts when deciding whether to report cheating. Most students gave reasons against reporting a peer (e.g., social and physical consequences, a lack of responsibility to report) as well as reasons in favor of reporting (e.g., concerns (...) about welfare, justice, and fairness). Study 2 provided experimental confirmation that the contextual factors referenced by Study 1 participants in fact influenced decisions about whether to report cheating. Overall, the findings indicate that students often decide against reporting peers’ acts of cheating, though not due to a lack of concern about integrity. Rather, students may refrain from reporting because of conflicting concerns, lack of information about school policy, and perceived better alternatives to reporting. (shrink)

Abstract:The randomized response technique (RRT) is used to study the deceptive behavior of purchasing agents. We test the proposition that purchasing agents’ perceptions of organizational expectations influence their behavior. Results indicate that perceived pressure to perform and ethical ambiguity on the part of the firm are correlated with purchasing agents’ unethical behavior, in the form of acknowledged deception of suppliers.

In this article, I explore the question “What is trans philosophy?” by viewing trans philosophy as a contribution to the field of trans studies. This requires positioning the question vis à vis Judith Butler's notion of philosophy's Other (that is, the philosophical work done outside of the boundaries of professional philosophy), as trans studies has largely grown from this Other. It also requires taking seriously Susan Stryker's distinction between the mere study of trans phenomena and trans studies as the coming (...) to academic voice of trans people. Finally, it requires thinking about the types of questions that emerge when philosophy is placed within a multidisciplinary context: (1) What does philosophy have to offer? (2) Given that philosophy typically does not use data, what grounds philosophical claims about the world? (3) What is the relation between philosophy and “the literature”? In attempting to answer these questions, I examine the notion of philosophical perplexity and the relation of philosophy to “the everyday.” Rather than guiding us to perplexity, I argue, trans philosophy attempts to illuminate trans experiences in an everyday that is confusing and hostile. Alternative socialities are required, I argue, in order to make trans philosophy possible. (shrink)

O pensamento filosófico moderno geralmente considerou os preconceitos como juízos sem fundamentação e que levam a mal-entendidos. Contudo, Hans-Georg Gadamer pretende restituir o potencial produtivo e o caráter condicionante dos preconceitos para a compreensão a partir de sua hermenêutica filosófica. Deste modo, o presente artigo retomará a discussão desenvolvida por Gadamer em Verdade e Método, sobretudo na segunda parte, e dará ênfase aos seguintes aspectos: a descoberta da estrutura prévia da compreensão (posição prévia, visão prévia e concepção prévia) e o (...) círculo hermenêutico, presentes na tarefa da compreensão; elucidará os conceitos de verdade e método à luz da hermenêutica filosófica; abordará a concepção pejorativa atribuída aos preconceitos pela Aufklärung - Iluminismo - e, por último, desenvolverá algumas das razões pelas quais os preconceitos são condição para a compreensão. Em vias de argumentar que, como seres finitos e históricos e pertencentes à tradição, a compreensão não se restringe ao ideal de ciência da modernidade. (shrink)

Das Thema Leib ist langst nicht mehr nur auf die traditionelle phanomenologische Forschung beschrankt. Das leibliche Sein betrifft vielmehr die Situation des Menschen an sich. Die Anthropologie des 20. Jh. bedarf angesichts der Ergebnisse der Ethologie, der Genomforschung und der Neurowissenschaften einer Revision. Die hier formulierte Version einer empirisch orientierten transklassischen Phanomenologie thematisiert den menschlichen Leib philosophisch neu und begrundet so eine leiborientierte Anthropologie fur das 21. Jahrhundert. Kern dieser Anthropologie ist nicht eine biologische Definition, sondern das leibliche In-der-Welt-Sein des (...) Menschen. Dieses leibliche Sein definiert sich durch die Fahigkeit, mit sich selbst, mit anderen und mit der Natur angemessen umgehen zu konnen. (shrink)

This article introduces trans feminism as an intersectional analysis of sexist and transphobic forms of oppressions as well as current and historical feminist and trans conflicts over the inclusion of trans women. The first half examines recent feminist philosophical efforts to provide an analysis of the concept woman that is inclusive of trans women. The second examines recent responses to trans-exclusive feminist positions. The article concludes with an assessment of the current state of trans feminist philosophy and outlines challenges for (...) the future. (shrink)

Wiederkehr des Raumes?. Topologisches Paradigmen ; Rückkehr zum gelebten Raum ; Raumkonzepte und Raumpraktiken ; Regionale oder fundamentale Räumlichkeit ; Zweideutigkeiten und Paradoxien der Lebenswelt -- Polarität von Ort und Raum. Phänomenologische Topik ; Wo-Frage im Schatten der Was-Frage ; Ortsbestimmung als Antwort auf eine Wo-Frage ; Fremde und eigene Wo-Frage ; Hier als Standort : Grund und Boden ; Woher und Wohin : Wegstrecken ; Worin : offene und geschlossene Räume ; Ringsum : Umgebung, Umwelt und Welt ; Wie (...) weit : Vermessene Räume -- Leibliches Wohnen im Raum. Vielfalt des Raumes ; Verankerung im Hier ; Raumachsen ; Durchmessung, Dehnung und Schrumpfung des Raumes ; Nähe und Ferne ; Drinnen und Draußen ; Interieur und Exterieur im Blickfield der Malerei ; Raumanlage und Raumbühne ; Raumtechniken und Ortskarten ; Lokale Räume und globaler Raum -- Ortsverschiebungen. Hier und Anderswo ; Aktualität, Habitualität und Virtualität der räumlichen Bewegung ; Spuren der Zeit im Raum ; Zersprengter Raum ; Telepräsenz ; Fremdorte und andere Räume ; Gemeinorte und globaler Raum ; Gastlichkeit ; Coda : Topos : Atopie : Heterotopien -- Zeitverdoppelung und Zeitverschiebung. Zwischen Mythos und Logos ; Frage nach der Zeit ; Zeitverdoppelung in der Rede und Zeitverkörperung ; Zeitverschiebung zwischen Pathos und Respons ; Zeitverschiebung und Reaktionszeit ; Der entrückte Anfang im Roman und auf der Bühne ; Zeit der Sinne ; Jenseits von Erinnerung und Erwartung ; Rhythmen und Tempi ; Zwischen Leere und Erfüllung ; Coda : Anderswo enden -- Die verändernde Kraft der Wiederholung. Wiederholungsexperiment ; Sich wiederholdende Erfahrung ; Widerholung als Rettung aus der Zeit ; Altes und Neues im Widerstreit ; Unwiederholbares in der Zeit -- Die Wahrscheinlichkeit von Zukünftigem im Anschluß an Aristoteles. Handlungsperspektive ; Die drohende Seeschlacht ; Wahrscheinlichkeit und Häufigkeit ; Zwischen Gewißheit und Ungewißheit ; Rückzug auf pratische Gewißheit ; Zwischen Entwurf und Erwartung ; Unwahrscheinliche Zukunft -- Kommen und Gehen in der Zeit im Anschluß an Merleau-Ponty. Frühe dialektik der Zeit ; Zeit als bloßes Nacheinander ; Totalität der Zeit : Präsenzfeld ; Riß der Zeit : Selbstaffektion ; Bewegung der Zeit : Vor- und Rückläufigkeit ; Wahrnehmung zwischen Vor- und Rückblick ; Handeln zwischen Vorsatz und Vorschlag ; Kommen und Gehen ; Chiasmus der Zeit -- Epilog : Verquickung von Ort, Raum und Zeit. (shrink)

Few would contest the fact that analytical philosophy has dominated philosophical practice in the English speaking world for about the last century. But dispute continues about both its origins and nature; whilst others question its value. Michael Dummett wholly embraced the analytical approach to philosophy, as he conceived of it. For him analytical philosophy marked itself off from its precursors and its alternatives, embodied in the Continental tradition, by taking the linguistic turn. And Frege was unequivocally the first philosopher to (...) take that auspicious turn, which ushered in a new method in philosophy. Henceforth philosophers were to approach the business of analyzing thought via the enterprise of analyzing language. So Dummett is presenting us with both a history lesson and a recommendation about how we ought to do philosophy. But is his reading of the history accurate? And is his conception of the nature of analytical philosophy viable? In order to reflect on these questions this collection brings together eight scholars who have made a serious business of reading Dummett. (shrink)

Academic cheating, a common and consequential form of dishonesty, has puzzled moral psychologists and educators for decades. The present research examined a new theoretical approach to the perceptions, evaluations, and motivations that shape students’ decisions to cheat. We tested key predictions of this approach by systematically examining students’ accounts of their own cheating. In two studies, we interviewed undergraduates in psychology (n = 68) and engineering (n = 123) classes about their past experiences with plagiarism or other cheating. Interviews assessed (...) students’ perceptions of whether they were cheating, their evaluations of whether their actions were okay, and their motivations for doing what they did. Most students did not initially recognize their acts as cheating. While students generally thought cheating was wrong, they often judged the exceptional cases in which they cheated to be acceptable, citing concerns such as assignment goals and task feasibility. The findings suggest that perceptions, evaluations, and competing motivations play a key role in students’ decisions to cheat. (shrink)

Until the 1970s, models of early infancy tended to depict the young child as internally preoccupied and incapable of processing visual-tactile data from the external world. Meltzoff and Moore's groundbreaking studies of neonatal imitation disprove this characterization of early life: They suggest that the infant is cognizant of its external environment and is able to control its own body. Taking up these experiments, theorists argue that neonatal imitation provides an empirical justification for the existence of an innate ability to engage (...) in social communication. Since later imitation is taken as a benchmark for self- and other-awareness, theorists claim that a proto- or primitive self must exist in the infant. This paper takes up the issue of whether or not neonatal imitation does provide us with a ground to argue against developmental accounts that consider self-awareness to be a later acquisition. I argue that the enthusiasm over neonatal imitation is premature. Psychological studies that claim to prove neonatal imitation do not provide sufficient grounds for dismissing alternate philosophical and psychological theories about the self as being a post-birth "event" rather than an intrinsic condition. Therefore, I argue that there is no compelling reason to suppose that we come to the world with a primitive sense of self- or other-awareness. (shrink)

En los últimos años ha crecido el interés -tanto en la academía como en las distintas formas de activismo ambiental, social y político- por el fenómeno de la espiritualización de la ecología y la ecologización de lo religioso. En contexto francófono, la ecoespiritualidad se ha convertido en un tema abordado por estudios en teología contemporánea, así como en investigaciones sociológicas y antropológicas. Este artículo realiza un análisis de las implicaciones teológicas del concepto de ecoespiritualidad desarrollado por Michel Maxime Egger. Para (...) ello, se abordarán brevemente las principales bases epistemológicas y ontológicas sobre las cuales esta concepción se sustenta: la trinidad de Raimon Panikkar, la teología mística de los padres de la Iglesia ortodoxa, el pantenteísmo y la ecopsicología. (shrink)

Do victims of moral wrongdoing have moral grounds to complain if they have freely committed a similar wrongdoing in the past? This question explores the connection between the moral standing of complainers and their previous deeds. According to Saul Smilansky two equally justifiable competing views create an antinomy with respect to the said question. In this article I present two arguments that attempt to undermine Smilansky's alleged paradox, presenting it as no more than a resolvable moral conflict. My first argument (...) attempts to resolve the conflict in cases where the complaining wrongdoers have already been sanctioned for their past transgression. My second argument challenges the validity of the alleged paradox, based on an alternative explanation of the seemingly paradoxical moral results. (shrink)

The emotions pose many philosophical questions. We don't choose them; they come over us spontaneously. Sometimes emotions seem to get it wrong: we experience wrongdoing but do not feel anger, feel fear but recognise there is no danger. Yet often we expect emotions to be reasonable, intelligible and appropriate responses to certain situations. How do we explain these apparent contradictions? Emotion, Imagination, and the Limits of Reason presents a bold new picture of the emotions that challenges prevailing philosophical orthodoxy. (...) class='Hi'>Talia Morag argues that too much emphasis has been placed on the "reasonableness" of emotions and far too little on two neglected areas: the imagination and the unconscious. She uses these to propose a new philosophical and psychoanalytic conception of the emotions that challenges the perceived rationality of emotions; views the emotions as fundamental to determining one's self-image; and bases therapy on the ability to "listen" to one’s emotional episode as it occurs. Emotion, Imagination, and the Limits of Reason is one of the first books to connect philosophical research on the emotions to psychoanalysis. It will be essential reading for those studying ethics, the emotions, moral psychology and philosophy of psychology as well as those interested in psychoanalysis. (shrink)

Alternative food networks, such as farmers’ markets and community-supported agricultural and fishery programs, often struggle to reach beyond a consumer base that is predominantly white and affluent. This case study explores seven inclusion strategies deployed by a community-supported fishery program (Fishadelphia, in Philadelphia, PA, USA) including discounting prices, accepting payment in multiple forms and schedules, offering a range of product types, communicating and recruiting through a variety of media (especially in person), and choosing local institutions and people of color (POC) (...) as pickup location hosts. Our analysis indicated that all of these strategies were associated with increased participation of customers of color and/or customers without a college degree. For Asian customers, accepting cash, offering whole fish, recruiting in-person, and POC-hosted pickup locations were key factors. For Black customers, discounted price, accepting cash, offering fillets, and communicating through means other than email were most important. Discounted price and communicating through means other than email were most important for customers without a college degree. Payment method, payment schedule and communication method were highly correlated with other strategies; we suggest that these strategies work in synergy to make the program attractive and feasible to these customers. We consider how Fishadelphia’s inclusion efforts have benefitted from both tactical approaches (i.e., programmatic features) and a structural approaches (i.e., the people and places represented within the project), and suggest that elements of both tactical and structural inclusion can be applied in other contexts. This work is crucial for increasing food access, and underscores the importance of relationships in recruiting diverse customers. (shrink)

An ethical epoché is required to leave the terrain of a self-evident morality and question its origin. In particular, four fundamental motifs of the ethical dimension are identified: pathos, to be thematised as an alternative to the persistent activist unilateralism; response, which always involves body and soul; diastasis with its stumbles and subtractions; and finally coaffection, in which the social dimension of experience is announced. Ethical behaviour feeds on the magma of pathos, which in turn would be blind and directionless (...) without any ethos. (shrink)

Living corporeity is the intermediate element between nature and culture, which must be thought of as a reciprocal interconnection, since as corporeal beings we always move on a threshold. In the reflection of the bodily self, a doubling between the living body as a functioning subject and as a material object is revealed; after all, even one's own body sometimes takes on the features of a foreign body, as is the case in the experience of illness. In the technical instrument, (...) the body is prolonged and this highlights the connection between the technique of the thing and the technique of the self; however, despite the gradual autonomisation of the technical element from the living corporeity, there remains what escapes calculation and looms large in the subtraction of the alien. (shrink)

This paper examines C.L.R James’s interpretation of Athenian democracy in “Every Cook Can Govern” (1956). It seeks to explain why Athenian democracy remained indispensable to James’s political thought. I argue that James reinterprets Athens as a proto-workers’ state, and explore the resulting contradictions and complexities. Within “Every Cook Can Govern” James presents a radical interpretation of Athenian Democracy at three points: (1) James claims that slavery in Athens was humane and economically insignificant, (2) he supports the theory of the “Athenian (...) Miracle” found in Pericles’s Funeral Oration, and (3) he chooses to end his essay with a misleading interpretation of the anti-tyranny oath of Demophantos. James idealizes Athenian political realities, and ultimately invents his own version of Athens. But his idealization arose from principled skepticism regarding mainstream views of Athenian democracy and his political commitment to defending the capabilities of the ordinary person. (shrink)

Bernhard Nickel presents a theory of generic sentences and the kind-directed modes of thought they express. The theory closely integrates compositional semantics with metaphysics to solve the problem that generics pose: what do generics mean? Generic sentences are extremely simple, yet if there are patterns to be discerned in terms of which are true and which are false, these patterns are subtle and complex. Ravens are black, and lions have manes: statistical measures cannot do justice to the facts, but (...) what else is there that has a hope of giving us insight into what we are capturing across so many domains? Nickel argues that generics are the top of a fundamentally explanatory iceberg, and that this explanatory framework is deeply intertwined with the semantics of the language we use to express them. In providing an integrated semantic and metaphysical theory of generics, he aims to solve old puzzles and draw attention to new phenomena. (shrink)

Anatomically detailed dolls have been used to elicit testimony from children in sex abuse cases. However, studies have shown they often provide false accounts in young, preschool-age children. Typically this problem is seen as a cognitive one: with age, children can correctly map their bodies onto a doll due to greater intellectual ability to represent themselves. I argue, along with the work of Maurice Merleau-Ponty, that although certainly cognitive developments aid in representing one’s own body, a discussion of embodiment is (...) required in order to understand the use and abuse of anatomical dolls in forensic interviews. This paper will examine these issues and suggest that a better understanding of embodied perception in both adults and children helps show how phenomenology can provide a more nuanced understanding to a troubling ethical and legal problem. (shrink)

Early work in child psychology -- Phenomenology, gestalt theory, and psychoanalysis -- Syncretic sociability and the birth of the self -- Contemporary research in psychology and phenomenology -- Exploration and learning -- Culture, development, and gender -- Conclusion: an incomparable childhood.

This paper focuses on rubbish, especially single-use plastic packaging, and its relation to Hannah Arendt’s categories of the vita activa in The Human Condition (2018), namely, labour, work, and action. I argue that single-use plastic rubbish does not fit into any category of the vita activa, which is indicative of the nature of single-use plastic as a type of object that does not belong anywhere, neither in the earth or the world, in Arendt’s sense of the terms. What allows for (...) plastic waste to be produced while belonging nowhere is an economic system focused on growth, which continues to contribute to our current climate and biodiversity crises. I propose economic degrowth as a potential solution to such issues, with continued reference to Arendt’s various arguments in The Human Condition. (shrink)

Trans studies constitute part of the coming-to-voice of transpeople, long the theorized and researched objects of sexology, psychiatry, and feminist theory. Sandy Stone’s pioneering, “The Empire Strikes Back: A Posttranssexual Manifesto” sought the end of monolithic medical and feminist accounts of transsexuality to reveal a multiplicity of trans-authored narratives. My goal is a better understanding of what it is for transpeople to come to this polyvocality. I argue that trans politics ought to proceed with the principle that transpeople have first-person (...) authority (FPA) over their own gender, and I clarify what this means. (shrink)

This paper considers phenomenological descriptions of health in Gadamer, Heidegger, Merleau-Ponty, and Svenaeus. In these phenomenologies of health, health is understood as a tacit, background state that permits not only normal functioning but also philosophical reflection. Nietzsche’s model of health as a state of intensity that is intimately connected to illness and suffering is then offered as a rejoinder. Nietzsche’s model includes a more complex view of suffering and pain as integrally tied to health, and its language opens up the (...) possibility of many ‘healths,’ providing important theoretical support to phenomenological accounts of the diversity and complexity of health and illness. (shrink)

The functions of the Bloom syndrome helicase and its orthologs are well characterized in mitotic DNA damage repair, but their roles within the context of meiotic recombination are less clear. In meiotic recombination, multiple repair pathways are used to repair meiotic DSBs, and current studies suggest that BLM may regulate the use of these pathways. Based on literature from Saccharomyces cerevisiae, Arabidopsis thaliana, Mus musculus, Drosophila melanogaster, and Caenorhabditis elegans, we present a unified model for a critical meiotic role of (...) BLM and its orthologs. In this model, BLM and its orthologs utilize helicase activity to regulate the use of various pathways in meiotic recombination by continuously disassembling recombination intermediates. This unwinding activity provides the meiotic program with a steady pool of early recombination substrates, increasing the probability for a DSB to be processed by the appropriate pathway. As a result of BLM activity, crossovers are properly placed throughout the genome, promoting proper chromosomal disjunction at the end of meiosis. This unified model can be used to further refine the complex role of BLM and its orthologs in meiotic recombination. In meiotic recombination, Blm utilizes its helicase activity to disassemble early recombination intermediates, thereby retaining a pool of recombination sites from which some can be selected to enter the Class I crossover pathway while simultaneously promoting SDSA and preventing the use of the Class II pathway. (shrink)

In the United States, "freedom" became the catchphrase of those who argue against authoritative experts and institutions pushing for restrictions, masking requirements, social distancing, and vaccine mandates. Anti-vax parents argue for the family's freedom to do as they see fit in raising their children. Masks, whether for children or adults, are often equated with "muzzles" trying to limit the freedom of others to express themselves. The consequence of such views of freedom came at the cost of the health and lives (...) of others, particularly in states where the government blocked public health mandates and restrictions. However, those who reject vaccines do not see themselves as against good health, indeed they often... (shrink)

Feminist phenomenology has contributed significantly to understanding the negative impact of the objectification of women’s bodies. The celebration of thin bodies as beautiful and the demonization of fat bodies as unattractive is a common component of that discussion. However, when one turns toward the correlation of fat and poor health, a feminist phenomenological approach is less obvious. In this paper, previous phenomenological work on the objectification of women is paralleled to the contemporary encouragement to discipline one’s body in order to (...) pursue better health. Similar ideologies of free choice in the face of bodily habits run through discussions of health and beauty. The paper uses the work of Merleau-Ponty and Beauvoir as well as the contemporary feminist phenomenologists Diaprose, Bartky, Bordo, Young, Grosz, and Carel to explore how women are constrained by health testing and health normalization. It argues that despite the apparent benefits of a focus on modifying health habits, feminists have good reason to be wary of the good health imperative. (shrink)

Criminal law conceptualizes guilt and the finding of guilt as purely categorical phenomena. At the end of trial, the defendant is pronounced either “guilty” or “not guilty” of the charges made against her, excluding the possibility of judgment of degree. Judges or juries cannot calibrate findings of guilt to various degrees of epistemic certainty by pronouncing the defendant “probably guilty,” “most certainly guilty,” or “guilty by preponderance of the evidence.” Nor can decision makers qualify the verdict to reflect normative or (...) legal ambiguities. Findings of guilt are construed as asserting factual and legal truths. The penal results of conviction assume similar “all or nothing” properties: punishment can be calibrated, but not with the established probability of guilt. The prevailing decision-making model, with its ‘on-off’ formulation of guilt, is so broadly established that it is considered an axiom— but there is nothing natural or pre-political about it, nor about the derivative distribution of punishment. This Article attempts to expose the hidden potential rooted in the construal of criminal verdicts as judgments of degree, by drawing three hypothetical manifestations of a linear conceptualization of conviction and punishment in the criminal trial and plea-bargaining arena. It also offers a normative assessment of converting criminal verdicts from categorical decisions to continuities. (shrink)

This volume documents for the first time the enormous variety of diverging interpretations and presents a text-oriented analysis of antinomy and its resolution ...

I contrast two approaches to the interpretation of generics such as ‘ravens are black:’ majority-based views, on which they are about what is the case most of the time, and inquiry-based views, on which they are about a feature we focus on in inquiry. I argue that majority-based views face far more systematic counterexamples than has previously been supposed. They cannot account for generics about kinds with multiple characteristic properties, such as ‘elephants live in Africa and Asia.’ I then go (...) on to sketch an inquiry-based view. (shrink)

Current framing of the debate over the privatization of the State’s legislative and adjudicative functions masks the fact that there are distinct and conflicting versions of privatization of law. The different privatization models diverge on fundamental questions relating to the ontology of law, the role of social cooperation mechanisms in the lives of people, as well as the types of private legislative and adjudicative institutions that ought to replace the State’s legal system. In light of such conflicting normative premises, the (...) distinct models of the privatization of law pose different kinds of challenges to both proponents and opponents of the privatization of law. At the outset, the Article juxtaposes two distinct visions regarding the privatization of law and adjudication—the market-based privatization model versus the community-based model. This analytical framework is then used to offer a fresh look at the privatization of law debate. The Article shows that the distinctions between the privatization models, especially with respect to the depiction of the social agents that are to replace the state’s lawmaking capacity, have great bearing on the advantages and disadvantages associated with privatization of law, and generate different types of costs and benefits. More specifically, the Article shows that the market-based model has greater susceptibility to market failures and to the under-provision of the public goods associated with the enterprise of law than the community-based paradigm. In addition, the market-based model runs a higher risk of corrupting the prevailing understanding of law as a collective, meaning-creating enterprise. The community-based model, on the other hand, has a greater vulnerability for coercion and is also more prone to political failures and public choice problems. (shrink)

Force and Freedom, a new book by Professor Arthur Ripstein, offers a comprehensive and highly sophisticated articulation of Kant’s legal and political philosophy. While Kant’s thinking on metaphysics and ethics has received paramount attention in the academic discourse, his contribution to legal and political theory has been somewhat marginalized. One reason for Kant’s exclusion from the central canon of political and legal philosophy is the abstract and very complicated nature of Kantian writing on law and political power, most particularly in (...) the Doctrine of Right. Another reason is the difficulties many writers have encountered in their attempts to reconcile Kant’s political and legal writing with his moral philosophy. Against this background, the novelty and importance of Force and Freedom cannot be overstated. (shrink)