Is the tick a machine or a machine operator? Is it a mere object or a subject? With these questions, the pioneering biophilosopher Jakob von Uexküll embarks on a remarkable exploration of the unique social and physical environments that individual animal species, as well as individuals within species, build and inhabit. This concept of the umwelt has become enormously important within posthumanist philosophy, influencing such figures as Heidegger, Merleau-Ponty, Deleuze and Guattari, and, most recently, Giorgio Agamben, who has called Uexküll (...) "a high point of modern antihumanism." A key document in the genealogy of posthumanist thought, _A Foray into the Worlds of Animals and Humans_ advances Uexküll's revolutionary belief that nonhuman perceptions must be accounted for in any biology worth its name; it also contains his arguments against natural selection as an adequate explanation for the present orientation of a species' morphology and behavior. _A Theory of Meaning_ extends his thinking on the _umwelt_, while also identifying an overarching and perceptible unity in nature. Those coming to Uexküll's work for the first time will find that his concept of the _umwelt_ holds out new possibilities for the terms of animality, life, and the whole framework of biopolitics itself. (shrink)

The use of growth attenuation therapy (GAT) is becoming more common in order to enable a family to care for a child with profound cognitive and physical disabilities (PCPD) as they age into adulthood. The first published study on the use of GAT was done with the family of a six-year-old girl with PCPD by Daniel Gunther and Douglas Diekema in Pediatrics in 2006. The ethical application of GAT generated considerable discussion on the use among children with PCPD in the (...) medical and ethics communities. This paper discusses the use of GAT for children with profound cognitive and physical disabilities from a Catholic bioethics perspective. (shrink)

Angelaki, Volume 17, Issue 1, Page 83-98, March 2012.

The concepts of time and identity seem at once unproblematic and frustratingly difficult. Time is an intricate part of our experience -- it would seem that the passage of time is a prerequisite for having any experience at all -- and yet recalcitrant questions about time remain. Is time real? Does time flow? Do past and future moments exist? Philosophers face similarly stubborn questions about identity, particularly about the persistence of identical entities through change. Indeed, questions about the metaphysics of (...) persistence take on many of the complexities inherent in philosophical considerations of time. This volume of original essays brings together these two essentially related concepts in a way not reflected in the available literature, making it required reading for philosophers working in metaphysics and students interested in these topics. The contributors, distinguished authors and rising scholars, first consider the nature of time and then turn to the relation of identity, focusing on the metaphysical connections between the two, with a special emphasis on personal identity. The volume concludes with essays on the metaphysics of death, issues in which time and identity play a significant role. This groundbreaking collection offers both cutting-edge epistemological analysis and historical perspectives on contemporary topics. Contributors:_ _Harriet Baber, Lynne Rudder Baker, Ben Bradley, John W. Carroll, Reinaldo Elugardo, Geoffrey Gorham, Mark Hinchliff, Jenann Ismael, Barbara Levenbook, Andrew Light, Lawrence B. Lombard, Ned Markosian, Harold Noonan, John Perry, Harry S. Silverstein, Matthew H. Slater, Robert J. Stainton, Neil A. Tognazzini The hardcover edition does not include a dust jacket. (shrink)

This article addresses two areas of continuing controversy about consent in clinical research: the question of when consent to low risk research is necessary, and the question of when consent to research is valid. The article identifies a number of considerations relevant to determining whether consent is necessary, chief of which is whether the study would involve subjects in ways that would (otherwise) infringe their rights. When consent is necessary, there is a further question of under what conditions consent is (...) valid or successful in waiving a right. The most influential account of validity conditions is non-moralized, in the sense that the conditions make no essential reference to whether the researcher soliciting consent has obtained it in a way that wrongs the subject. The article examines the implications of this account, and compares it with recent accounts that moralize some of the validity conditions. -/- . (shrink)

Trust not only disposes us to feel betrayed, trust can be betrayed. Understanding what a betrayal of trust is requires understanding how trust can ground an obligation on the part of the trusted person to act specifically as trusted. This essay argues that, since trust cannot ground an appropriate obligation where there is no prior obligation, a betrayal of trust should instead be conceived as the violation of a trust-based obligation to respect an already existing obligation. Two forms of trust (...) are evaluated for their potential to ground such a second-order obligation. One form counts as a gift to the trusted person only because it does not involve an expectation of trustworthiness; the other form cannot count as a gift but confers an honor because it does include an expectation of trustworthiness. Only trust that confers an honor generates a second-order obligation whose violation would be a betrayal of trust. -/- . (shrink)

This essay endeavors to show that application of a universalist epistemic method in theological ethics results in a construal of God, which is, from a biblical perspective, reductionist, and is a form of ethics in which universality is achieved at the expense of plurality. It argues for the formal possibility of an ecclesial ethics grounded in a tradition-centered rationality. It further argues that such an ethic need not result in a narrow and defensive sectarianism, a rigid and static orthodoxy, or (...) an authoritarian dogmatism. The posture of an ecclesial ethic based on the kind of critical realism advocated here may retain an apologetic and dialogical relation with the broader society, as it seeks to embody the incarnational narrative in its particular context. (shrink)

When a patient lacks sufficient capacity to make a certain treatment decision, whether because of deficits in their ability to make a judgement that reflects their values or to make a decision that reflects their judgement or both, the decision must be made by a surrogate. Often the best way to respect the patient’s autonomy, in such cases, is for the surrogate to make a ‘substituted’ judgement on behalf of the patient, which is the decision that best reflects the patient’s (...) values and identity-infused beliefs as they were when the patient last possessed capacity. It is by now well-known that there is troubling evidence that surrogates do only slightly better than chance at making accurate substituted judgements. The use of a patient preference predictor, an algorithm that predicts patient preferences based on characteristics like the patient’s age, gender, socioeconomic status and education level, could help. Rid and Wendler have done important work making a moral case for using the PPP.1 If it were shown to enhance accuracy, it is not at all obvious what objections there could be to its use. Yet several subtle criticisms of the PPP have emerged in the literature. In their feature article, Jardas, Wasserman and Wendler select six of the most prominent objections to the PPP in the literature and defend the PPP against them.2 Along the way they make significant contributions to broader issues concerning the proper uses of statistical evidence and limits on the kinds of preferences there can be reasons of autonomy to respect. Since I found the authors’ answers to the final two objections—that the PPP relies on naked statistical evidence and that it uses non-endorsed reasons—to be especially interesting and provocative, I will examine those answers and raise a few questions about …. (shrink)

Environmental philosophers often conflate the concepts of intrinsic value and moral standing. As a result, individualists needlessly deny intrinsic value to species, while holists falsely attribute moral standing to species. Conceived either as classes or as historical individuals, at least some species possess intrinsic value. Nevertheless, even if a species has interests or a good of its own, it cannot have moral standing because species lack sentience. Although there is a basis for duties toward some species (in terms of their (...) intrinsic value), it is not the one that the holists claim. (shrink)

In this article we assess the extant literature on women’s careers appearing in selected career, management and psychology journals from 1990 to the present to determine what is currently known about the state of women’s careers at the dawn of the 21st century. Based on this review, we identify four patterns that cumulatively contribute to the current state of the literature on women’s careers: women’s careers are embedded in women’s larger-life contexts, families and careers are central to women’s lives, women’s (...) career paths reflect a wide range and variety of patterns, and human and social capital are critical factors for women’s careers. We also identify paradoxes that highlight the disconnection between organizational practice and scholarly research associated with each of the identified patterns. Our overall conclusion is that male-defined constructions of work and career success continue to dominate organizational research and practice.We provide direction for a research agenda on women’s careers that addresses the development of integrative career theories relevant for women’s contemporary lives in hopes of providing fresh avenues for conceptualizing career success for women. Propositions are identified for more strongly connecting career scholarship to organizational practice in support of women’s continued career advancement. (shrink)

Among the various methods of deceit, lying is often thought to be a special affront on the grounds that it invites the victim’s trust. Such an explanation is incomplete without an account of the moral significance of trust. This article distinguishes two morally problematic relations to trust, betrayals and abuses, and, appealing to the idea that we should be grateful to be trusted, attempts to explain these wrongs as violations of distinct demands of gratitude for trust. Only the wrong of (...) abuse, not betrayal, is useful for distinguishing methods of deceit. Although lying commits an abuse of trust, it turns out that it is really the broader category of deceit by means of communication that is special in this way. -/- . (shrink)

Deception is a useful methodological device for studying attitudes and behavior, but deceptive studies fail to fulfill the informed consent requirements in the U.S. federal regulations. This means that before they can be approved by Institutional Review Boards, they must satisfy the four regulatory conditions for a waiver or alteration of these requirements. To illustrate our interpretation, we apply the conditions to a recent study that used deception to show that subjects judged the same wine as more enjoyable when they (...) believed it had a higher price. (shrink)

A significant amount of discussion in the bioethics community has been devoted to the question of whether individuals performing ethics consultations in healthcare institutions have any special expertise. In addition, articles in the lay press have questioned the “added value” that bioethicists bring to ethical dilemmas. Those at the forefront of the bioethics community have argued repeatedly that those doing ethics consults cannot simply be well-intentioned individuals, that some training in bioethics, group process, and facilitation is necessary to competently execute (...) a consult. As one bioethicist commented:if you approach any endeavor as an amateur activity, you will get, in the end, an amateurish version of the activity. Without a sufficient commitment of personnel, time, support, and financial resources, a healthcare organization will get the ‘ethics’ program … it set out to create: an inept, unskilled, inefficient, and highly risky ‘program’ in healthcare ethics and bioethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 142-154 [Access article in PDF] Critical Discussions The Fortunes of Avant-Garde Poetry Mary Anne O'Neil Invisible Fences. Prose Poetry as a Genre in French and American Literature, by Steven Monte; xii & 298 pp. Lincoln: University of Nebraska Press, 2000, $50.00. Modern Visual Poetry, by Willard Bohn; 321 pp. Newark: University of Delaware Press, 2000, $47.00. The situation of French poetry at the turn (...) of the twenty-first century is far different from what it was during the last fin de siècle. In 1900, poetry was a booming art, and France was home to numerous poets of varied inspiration and expression. The religious verse of Claudel and Péguy shared the attention of the reading public with the philosophical poetry of Valéry and the futuristic celebrations of Paris and modern life found in Apollinaire's Alcools and Calligrammes. Long poems, short poems, poems written in standard verse, free verse, prose, and even published as drawings, suggested that the golden age of poetry begun in the early nineteenth century by the Romantics and continued after 1850 by Baudelaire, Verlaine, Rimbaud, and Mallarmé, would not soon come to an end. This indeed proved to be the case, for the heirs of the Symbolist tradition of the first decade of the twentieth century were soon followed by the Surrealist revolutionaries of the 1920s and 1930s, many of whom directed their talents to the composition of political verse at the time of the Second World War. Political poetry by and large disappeared from France after 1950, only to be [End Page 142] succeeded over the next two decades by two very different types of verse. On the one hand, writers like St. John Perse and Pierre Jean Jouve produced difficult works whose appeal was limited to a sophisticated audience, while lyricists, such as Jacques Prévert and even the songwriter Georges Brassens, made poetry more accessible to the general public, often through popular songs. The fact that, during the days of May 1968, students scrawled verses of the Surrealist-Communist poet Paul Eluard on the walls of the Sorbonne to encourage efforts to bring down the social order attests to the power exerted by poetry on the intellectual life of France well into the second half of the twentieth century. Such, however, is no longer the case today. There are only two well-known living French poets, Francis Ponge and Yves Bonnefoy. While reviews dedicated to original poetry do still exist, especially in the south of France where the poetic arm of the French Resistance was most active in the 1940s, poetry attracts many fewer readers--and fewer writers--than it did even fifty years ago.Such a radical change merits some reflection. What has happened to French poetry since the mid-twentieth century? In a sense, all good things must come to an end sometime, and a century and a half of inventiveness and poetic energy may simply have run its natural course. French publishing houses, well aware that prose sells better than verse, have done little to encourage young poets. However, certain trends in the subject matter and form of contemporary French poetry have probably contributed to the current lack of interest. Since the end of the Second World War, French poets have concerned themselves almost uniquely with everyday life--common objects, geographical locales, and ordinary people. This obsession with the ordinary has produced some excellent poetry, especially René Char's evocations of Provençal landscapes and Yves Bonnefoy's treatments of childhood. Yet, this concentration on everyday life has severed poetry from the traditional subjects that have sustained it ever since classical antiquity, such as the celebration of heroic figures and heroic deeds, philosophical and religious inquiry, love, loss, prophetic vision. This very narrow range of subject risks consigning poetry to the status of a minor art. At the turn of the twenty-first century, French poetry also finds itself at the end of a very long period of formal experimentation that began in the second half of the nineteenth century and which includes... (shrink)

Today''s headlines suggest that economic criteria alone is the basis for business decision-making. This paper argues that while profitability is a legitimate end of business, it must be moderated by ethical considerations. But can business be both successfuland ethical? Practical examples highlight individuals who chose profitability over ethical responsibility and those who chose and continue to choose both. The authors propose that there is an ethical person profile. Corporate managers can resolve the profits vs ethics dilemma by modeling ethical behavior.

A significant amount of discussion in the bioethics community has been devoted to the question of whether individuals performing ethics consultations in healthcare institutions have any special expertise. In addition, articles in the lay press have questioned the “added value” that bioethicists bring to ethical dilemmas. Those at the forefront of the bioethics community have argued repeatedly that those doing ethics consults cannot simply be well-intentioned individuals, that some training in bioethics, group process, and facilitation is necessary to competently execute (...) a consult. As one bioethicist commented:if you approach any endeavor as an amateur activity, you will get, in the end, an amateurish version of the activity. Without a sufficient commitment of personnel, time, support, and financial resources, a healthcare organization will get the ‘ethics’ program … it set out to create: an inept, unskilled, inefficient, and highly risky ‘program’ in healthcare ethics and bioethics. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

ABSTRACTIn this paper I argue that a remotely piloted aircraft pilot’s act of killing remotely, when it is done in the defense of another person, can be viewed as an act of sacrifice. This argument concludes from two premises. First, the RPA pilot faces psychological risk to self by carrying out such an action; second, the RPA pilot is motivated to some significant degree by something other than self-interest. Moreover, I challenge both the view that RPA represent merely an incremental (...) development in technology yielding an incremental expansion of the distance between the war-fighter and the target and the view that RPA is revolutionary in some fundamental sense. I instead argue that, based upon the natural geometric boundary imposed by the earth’s shape, RPA have maximized the physical distance between the war-fighter and the target and, over time, this fact will change, not only the psychological effects on the RPA pilot, but also the way we view killing and distance in general. When taken togethe... (shrink)

We examined cynicism as a mediator of the influence of managers’ mission-congruent communication and behavior about ethical standards (a form of supervisory behavioral integrity) on employee attitudes and intended behavior. Results indicated that cynicism partially mediates the relationship between supervisory behavioral integrity and organizational commitment, but not the relationship between supervisory behavioral integrity and intent to comply with organizational expectations for employee conduct.

In 2014, Colonel M. Shane Riza published an article in this journal arguing that remotely piloted aircraft and robotic weapons threaten the US Air Force’s warrior ethos. Riza has clearly articulated the sentiments of one side of a vibrant debate within our service. This paper presents an alternative view; a view held by some who have experienced these new forms and tools of war, and who have wrestled with their implications first-hand. In this paper, we address some methodological concerns with (...) Riza’s approach and then engage some misunderstandings about RPA’s relationship to military history and to risk. The second part of this paper takes a close look at some of the early Just War thinkers to determine what implications the tradition may have on the warrior ethos. We propose, as an alternative to Riza’s position, a return to an ethos grounded in humility, charity, and a conception of war as a last resort; in short, a return to the Just Warrior Ethos. (shrink)

Animal liberationism and environmentalism generally are considered incompatible positions. But, properly conceived, they simply provide answers to different questions, concerning moral standing and intrinsic value, respectively. The two views together constitute an environmental ethic that combines environmental justice and environmental care. I show that this approach is not only consistent but defensible.

Integrated pest management (IPM) has been widely promoted in the developing world, but in many regions its adoption rates have been variable. Experience has shown that to ensure IPM adoption, the complexities of local agro-production systems and context-specific folk knowledge need to be appreciated. Our research explored the linkages between farmer knowledge, pest management decision making, and ecological attributes of subsistence maize agriculture. We report a case study from four rural communities in the highlands of southeast Honduras. Communities were typified (...) by their agro-environments, IPM training history, and levels of infestation by a key maize pest, the fall armyworm (Spodoptera frugiperda Smith). Although variable, infestation levels generally did not justify pest management intervention. Consequently, crop losses from this pest were considered of low importance and most farmers proceeded in a rational fashion by refraining from action in their fields. Farmers attributed the low degree of pest infestation predominantly to abiotic causal factors (rainfall, temperature). The role of natural enemies in controlling this pest (i.e., biological control) was deemed of low importance by farmers; nevertheless, a broad array of such organisms was mentioned by farmers as operating in their maize crop. Farmers’ knowledge of natural enemies only partially matched scientific knowledge and was associated with the ecological features of their respective field settings. Local knowledge about natural enemies was mainly restricted to abundant and easily observable predatory species. Farmers who were knowledgeable about biological control were also familiar with a larger variety of pest management alternatives than uninformed farmers. Management options covered a wide range of curative techniques, including conservation biological control. Farmers who relied on insecticides to manage pest outbreaks knew less about biological control and pesticide alternatives. In contrast, farmers who received IPM training mentioned more types of natural enemies and were familiar with a broader range of alternative pest management tactics. Our research suggests that IPM training modifies local knowledge to better fit its environmental context. This paper provides insights in the environmental context of local agro-ecological knowledge and its linkage with pest management decision making. It also constitutes a basis for modifying IPM extension programs to deliver locality-specific technologies while strengthening the local knowledge base. (shrink)

The paper clarifies the relative merits and proper roles of standards of review in the determination of proxy consent for those unable to make decisions concerning their own medical treatment. The "substituted judgment" standard asks which treatment the incompetent person would choose if competent, while the "best interests" test asks which treatment would benefit the patient. The tests are discussed in relation to the moral principles of autonomy and beneficence which provide their justification. I distinguish six types of cases involving (...) incompetent patients and argue that which standard is appropriate depends on the type of case involved. A "rational choice" standard, which asks "What would the incompetent patient choose if his or her choice were rational?", is proposed as a way of determining best interests. Keywords: proxy consent, nontreatment of incompetent persons, substituted judgment CiteULike Connotea Del.icio.us What's this? (shrink)

What is God doing about a world marked by conflict and division? What about a world in which our technologies promise great good but also threaten our existence? What is God doing in a world where the demands for accumulation and acquisition create division and despair? Can Christians hope to be of positive influence in a world that does not always support, reflect, or even understand Christian commitments? Christian ethics often raises such questions as these, and the possible answers vary (...) widely. Paul's Letter to the Ephesians is a tremendous resource for exploring a faithful response to perhaps the toughest question of all: what is God doing about evil? The role of Christian ethics is to take seriously the challenge that, whatever God is doing, God calls us to participate in a distinctive task that embraces our own commitments and labors within the divine purpose. Ephesians says that God has taken the initiative to pursue that purpose and, remarkably, offers that we ourselves are part of the answer to the question, what is God doing about evil? (shrink)

The period after the repulse of Xerxes' invasion is one of the more obscure in Greek history, and this is particularly true of the eclipse of Themistokles and the history of the Peloponnese in the seventies and sixties. On the period of Themistokles' ostracism before the flight which led him to Persia Thucydides says only that he was ostracized and lived at Argos while also travelling to the rest of the Peloponnese. Other writers add a few details to Thucydides' account (...) on other aspects of the ostracism, but tell us even less on the sojourn in Argos. Diodoros and Plutarch merely tell us that he lived there in exile while Nepos informs us that Themistokles' virtuous and dignified life in Argos aroused resentment. Now Themistokles did not remain inactive in exile. The Spartans had some good reason to wish to remove him from Argos. The activities which aroused the Spartans' distrust are probably referred to by Thucydides' remark that Themistokles journeyed to the rest of the Peloponnese. It is usually concluded that Themistokles was involved in the creation of an anti-Spartan coalition and that a major part of this policy may have been the establishment of democratic governments in and the synoecism of the cities of Elis and Mantineia. But we lack any clear evidence on Themistokles' actions in this period and the hypothesis rests principally on deductions from two brief passages. The first is from Herodotos and records that in 479 b.c. the Mantineian and Eleian contingents arrived too late to take part in the battle of Plataia and on their return both cities banished their commanders. (shrink)

In this paper we take up the issue of near-term artificial intelligence (AI). "Near-term AI" is used to denote artificial intelligence algorithms that are already in place in a variety of public and private sectors, guiding decision that pertain to advertising, credit ratings, and sentencing in the justice system. Our focus here is to contribute to a critical discussion of the ways that AI is already being widely used in decision-making procedures in these areas. We will argue that developers and (...) deployers of AI systems--in senses to be defined--bear a particular kind of responsibility for the moral consequences of near-term AI. We will present a tool to aid developers and deployers in engaging in the moral reflection we argue is required of them, in order both the help them meet their moral obligations and to help address the material risks posed by what we take to be the status quo of actual near-term AI development. This chapter can be understood as a contribution to the field of technology assessment, but instead of suggesting policy revisions, we will propose a framework for ethical analysis that can be used to facilitate more robust ethical reflection in AI development and implementation. (shrink)

Do pharmaceutical companies have a moral obligation to expand access to investigational drugs to patients outside the clinical trial? One reason for thinking they do not is that expanded access programs might negatively affect the clinical trial process. This potential impact creates dilemmas for practitioners who nevertheless acknowledge some moral reason for expanding access. Bioethicists have explained these reasons in terms of beneficence, compassion, or a principle of rescue, but their arguments have been limited to questions of moral permissibility, leaving (...) for future research the question of whether expanded access is morally obligatory. We take up this further question and argue that pharmaceutical companies have a moral obligation to expand access. Our defense is not based on beneficence, compassion, or rescue, but instead on a reciprocal moral expectation resulting from existing social commitments that help ensure a robust pharmaceutical practice within the broader healthcare system. Our aim is to give this obligation, along with several others, a coherent and plausible structure within the wider clinical trial process so that one might better explain the sources of the dilemmas and their possible resolutions. (shrink)

One criticism of revisionist just war thought is often called the “contingent pacifism” objection. According to this objection, revisionist just war theory fails because it requires combatants on the just side to evaluate the moral responsibility for wrongful harm of each combatant on the unjust side to determine liability to defensive harming in each case. Combatants on the just side are epistemically barred from making these determinations. Moreover, many combatants on the unjust side (e.g., cooks and administrative soldiers) fail to (...) meet the threshold of responsibility for wrongful harm to make them liable to lethal defensive harm. Therefore, ex hypothesi, combatants on the just side will inevitably target enemy combatants who are not liable to be killed. In this paper, I offer a novel response to the contingent pacifism objection. I argue that, even on the revisionist account, participation in a military engaged in an unjust war is sufficient for liability to lethal defensive harm. First, I show merely signaling a threat of unjust harm—even if one lacks the means to actualize the threat—is sufficient for liability to defensive harm. Second, I argue that almost all participants in military activity signal a threat. Finally, I conclude that, in general, combatants on the unjust side of a conflict signal threats of unjust harm and are therefore liable to lethal defensive harming. This novel account of signaling-as-threatening disarms the contingent pacifist objection. (shrink)

In this article, I ask whether the martial virtues can serve as a role morality for soldiers. In it I compare three role morality theories and ask, according to each, whether the role of ‘soldier’ is the kind of role that generates a role morality. I conclude that the cultivation of the martial virtues may be a necessary condition for martial morality, but it is not a sufficient one. Finally, I present a positive account of a role morality for soldiers (...) that creates the space for crucial, if not traditionally martial, virtues such as respect for human life and human dignity. (shrink)

In this article, I ask whether the martial virtues can serve as a role morality for soldiers. In it I compare three role morality theories and ask, according to each, whether the role of ‘soldier’ is the kind of role that generates a role morality. I conclude that the cultivation of the martial virtues may be a necessary condition for martial morality, but it is not a sufficient one. Finally, I present a positive account of a role morality for soldiers (...) that creates the space for crucial, if not traditionally martial, virtues such as respect for human life and human dignity. (shrink)

The central thesis of this article is that academic freedom has indeed become a "canonical value" of American higher education, though not for the reasons that conventional wisdom might posit. As recently as a half century ago, few university administrators or governing boards felt constrained in dismissing or refusing to hire outspoken professors. The quite remote risk of potential legal liability for such adverse action posed a minor deterrent. The Supreme Court's first recognition of academic freedom came only in the (...) late 1950s, and matured only in the ensuing decade. Apart from judicial endorsement of this doctrine, some credit must be given to faculty organizations such as the American Association of University Professors, and to the gradual spread of collective bargaining in public higher education. Yet the soundest explanation for the "canonization" of academic freedom is a slightly different one - that respecting and protecting faculty rights became an increasingly critical element in the intense competition to attract and retain the most eminent scholars. Quite simply, no reputable institution of higher learning could risk a valid charge of disparaging or disrespecting the expressive rights of its professors. (shrink)