It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...) yoga, and bhakti paradigms serve as starting points for bringing Hindu--particularly Vaishnava Hindu--animal ethics into conversation with contemporary Western animal ethics. The author argues that a culture of bhakti--the inclusive, empathetic practice of spirituality centered in Krishna as the beloved cowherd of Vraja--can complement recently developed ethics-of-care thinking to create a solid basis for sustaining all kinds of cow care communities. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

Many environmental problems are the result of the aggregation of seemingly innocuous individual actions. As a result, recognizing the moral significance of our contributory, indirect role in the generation of collective harms is crucial in environmental contexts. This chapter argues that taking our contributory role seriously provides a means of accepting a robust form of responsibility for collective harms. Our responsibilities include not only our individual actions, what we have done directly as individuals, but also the influence we might have (...) on the wide range of institutions and practices that can generate harm and benefit. Taking seriously our contributory responsibility for collective harms not only provides an appropriate way of thinking about moral responsibility in environmental contexts but also provides a helpful response to those who reject the possibility of an individual moral obligation to reduce greenhouse gas emissions. (shrink)

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (shrink)

This chapter reaches the following conclusions about laws that enhance punishment for criminal conduct prompted by group hatred or bias:Hatred should not be either a necessary or a sufficient condition for enhanced punishment.Enhanced punishment is justifiable when bias crimes display greater culpability, express disrespect for the victim’s group, or cause either greater psychic harm to the victim or group-specific outrage in the victim’s community.Properly designed bias crime laws do not improperly punish for thoughts or character.Such laws are more defensible if (...) they require that the actor’s primary motive was animus toward the disfavored group.There is no principled reason to require that such laws merely enhance punishment for an already existing parallel crime.Increasing punishment significantly because of bias may violate principles of proportionality. (shrink)

This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving students and the (...) subject adrift. It picks up mid-range concepts such as rights, sovereignty, and adjudication and charts their interrelation and uses in law and legal theory. The approach taken to the subject is an interdisciplinary one, and involves making linkages with contemporary issues in political and social theory, such as the changing role of the state, forms of dispute resolution and the courts. It also addresses topics not normally covered, or covered only indirectly in other jurisprudence textbooks, such as globalisation and legal culture. Its coverage is therefore broad and links legal, political, philosophical, and social analysis. (shrink)

This collection of essays, written between 1975 and 1987, covers topics including the doctrine of analogy, the Trinity, theological realism, the problims of evil and suffering, ecclesiology, and the so-called theistic proofs. The earlier writings relect the author's training as a philosopher in the Anglo-Aamerican analytic tradition. Later essays have a more explicitly theological focus, and they attempt to deal with and move beyond the tradition through hermeneutics, and literary and social theory. This collection thus addresses a wider list of (...) topics than is usual in works of philsophical theology, and is unique in its use of interdisciplinary methods and approaches. (shrink)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...) its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)

This chapter notes that reduction and reductionism in the sciences and in medicine mean a number of different things, and provides a typology of those different senses, including those of the most relevance to psychiatry. Alternatives to reductionism are discussed, including antireductionism and different forms of emergence. Specific examples of reductionist and emergentist programs tied to a range of psychiatric disorders are presented, including autism, depression, and schizophrenia. These programs are also related to ongoing attempts of psychiatry to secure the (...) validity of disorders by appealing to genetics and neuroscience. (shrink)

Many people find comparisons of the value of persons distasteful, even immoral. But what can be said in support of the claim that persons have incomparable worth? This chapter considers an argument purporting to show that the value of persons is incomparable because it is so great—because it is infinite. The argument rests on two claims: that the value of our capacity for valuing must equal or exceed the value of things valued and that our capacity for valuing is unbounded (...) in a very strong sense. After laying out this argument, I consider its implications for how we should regard each other. In particular, I suggest that it complicates efforts to understand morality as a system of principles. Instead, I propose that an aesthetic attitude, not unlike our experience of the sublime, is an apt response to humanity’s infinite value. -/- . (shrink)

George Berkeley is one of the greatest and most influential modern philosophers. In defending the immaterialism for which he is most famous, he redirected modern thinking about the nature of objectivity and the mind's capacity to come to terms with it. Along the way, he made striking and influential proposals concerning the psychology of the senses, the workings of language, the aims of science, and the scope of mathematics. In this Companion volume a team of distinguished authors not only examines (...) Berkeley's achievements but also his neglected contributions to moral and political philosophy, his writings on economics and development, and his defense of religious commitment and religious life. The volume places Berkeley's achievements in the context of the many social and intellectual traditions - philosophical, scientific, ethical, and religious - to which he fashioned a distinctive response. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

The young Hegel was entranced by the notion of intellectual intuition, and this notion continues to entrance many of Hegel’ commentators. I argue that Kant provided three distinct conceptions of an intuitive intellect, that none of these involve aconceptual intuitionism, and that they differ markedly from Fichte’s and Schelling’s conceptions of intellectual intuition. I further argue that by 1804 Hegel recognized that appealing to an aconceptual model, or to Schelling’s model, or to his own early model of intellectual intuition generates (...) inevitable and insoluble problems of question-begging. By incorporating several important points from Kant’s Transcendental Ideal into his reinterpretation of Kant’s Transcendental Deduction and Refutation of Idealism, Hegel’s mature discursive and conceptual account of ‘absolute knowing’ performs some of the functions Kant assigned to the intuitive intellect, though without invoking any such intuitive intellect. I discuss several of these functions. (shrink)

One way to determine whether a mental condition should be considered a disorder is to first give necessary and sufficient conditions for something to be a disorder and then see if it meets these conditions. But this approach has been criticized for begging normative questions. Concerning autism (and other conditions), a neurodiversity movement has arisen with essentially two aims: (1) advocate for the rights and interests of individuals with autism, and (2) de-pathologize autism. We argue that denying autism’s disorder status (...) could undermine autism’s exculpatory role in cases where individuals with autism are charged with a crime. Our argument raises a dilemma for the neurodiversity movement: advocating for the rights and interests of individuals with autism may require viewing autism as a condition that can be inherently disabling (at least for some individuals). If this is right, autism’s disorder status might be maintained (again, at least for some individuals) without deriving this result from any general account of disorder. (shrink)

_Grounds of Pragmatic Realism_ shows Hegel is a major epistemologist, who disentangled Kant’s critique of judgment, across the Critical corpus, from transcendental idealism, and augmented its enormous evaluative and justificatory significance for commonsense knowledge, the natural sciences and freedom of action.

Some philosophers posit a connection between normativity and agency. This connection allows us to infer propositions about what we ought to do or what reason we have to do from the conditions of action. This chapter considers arguments for this connection. In particular, the chapter argues that not only do the conditions of generic agency have important normative implications for us, but so too do the conditions of narrower, more contingent, and more local kinds of agency. Finally, objections to this (...) thesis are summarized and rejected, in part because they presuppose our having far more control over what our deliberations require in the way of agency than we actually do. -/- . (shrink)

Après avoir erré quelques années, étudiant férocement studieux mais aussi très anarchiste, après avoir déambulé le long des docks du port de Glasgow, alors du dernier stade de la révolution industrielle, entouré d'une drôle de musique où les accents de Rimbaud («Je me crois en enfer») et de Hölderlin («Ce que tu veux, c'est un monde») se mêlaient aux phrasés grinçants de L'Opéra de quat'sous de Bertolt Brecht, je me posais la question : que faire? Que faire de fondamental? D'abord (...) pour donner un fondement et un mouvement à une existence individuelle, mais aussi pour tenter de changer le cours des choses, sur les plans culturel, civilisationnel et sociopolitique. Pendant le XIXe et le XXe siècle on a cru, malgré tout, que l'Histoire était synonyme de Progrès. Qu'elle menait quelque part : à un grand Etat, au communisme universel, à un Supermarché du bonheur. Personne n'a plus confiance dans l'Histoire. D'où un grand vide existentiel et culturel. Sans utopisme, sans réenchantement facile, Kenneth White entreprend une navigation hauturière dans un espace de vie et de pensée, qui a toujours existé au large de l'Histoire. Les escales de ce voyage sont au nombre de cinq : une analyse socio-politique de la fin de la modernité ; une investigation qui remonte aux origines de la culture ; l'examen de diverses tentatives de refondation sociale à travers le monde ; la question, posée encore trop timidement par l'écologie, de l'habitation de la Terre ; et enfin, une critique de la situation contemporaine de l'art. (shrink)

Strategies are mentioned across a variety of domains, from business ethics, to the philosophy of war, philosophy of sport, game theory, and others. However, despite their wide use, very little has been said about how to think about what strategies are or how they relate to other prominently discussed concepts. In this article, I probe the close connection between strategies and plans, which have been much more thoroughly characterized in the philosophy of action. After highlighting the challenges of analyzing strategies (...) in terms of plans, I show how the work done on the connection between plans and intentions can inspire further questions about the nature of strategy. I conclude by showing how one particular innovation in the understanding of plans—how they can be more or less partial—can be used to help us to mark what makes for a good strategy. (shrink)

Philosophers are divided over moral internalism, the claim that moral judgement entails some motivation to comply with that judgement. Against moral internalism, externalists defend the conceptual coherence of scenarios in which an individual makes genuine moral judgements but is entirely unmoved by them. This is amoralist skepticism and these scenarios can be called amoralist scenarios. While the coherence of amoralist scenarios is disputed, philosophers seem to agree that the coherence of amoralist scenarios is not affected by whether the amoralist is (...) described as having moral knowledge or mere belief. But recent experimental research challenges this assumption. When evaluating amoralist scenarios, people’s intuitions lean towards externalism when the amoralist is described as knowing that X is morally wrong, whereas people’s intuitions lean towards internalism when the amoralist is described as believing that X is morally wrong. Call this the factivity effect. In this paper, I argue that the factivity effect is unlikely to be explained as an experimental artifact and that as a consequence, the traditional dispute over moral internalism and amoralist skepticism may need a major overhaul. The results of three studies testing the factivity effect provide support for this thesis. Implications of these results for the traditional debate over moral internalism are discussed. (shrink)

Craik published only one complete work of any length, this essay on The Nature of Explanation.

David Hume's Dialogues Concerning Natural Religion is a philosophical and literary classic of the highest order. It is also an extremely relevant work because of its engagement with issues as alive today as in Hume's time: the design argument for a deity, the problem of evil, the dangers of superstition and fanaticism, the psychological roots and social consequences of religion. In this outstanding and unorthodox collection, an international team of scholars engage with Hume's classic work. The chapters include state-of-the-art contributions (...) on the central interpretive questions posed by the Dialogues as well as major contributions relating it to contemporary issues in philosophy of religion, philosophy of science, moral psychology, and social philosophy. Additional contributions tackle the historical and philosophical background of the Dialogues, relating it to Hume's own systematic philosophy, to the work of other key seventeenth and eighteenth-century figures - Locke, Clarke, Bayle, Cudworth, Malebranche, Spinoza, Lord Bolingbroke, and Voltaire, among others - to early modern neo-Epicureanism in the life sciences, and, notably, to what Darwin missed by thinking too much like William Paley and not enough like Hume's Philo. Overall, this volume provides fresh and even groundbreaking perspectives on Hume's Dialogues Concerning Natural Religion. It is essential reading for students and scholars of Hume, the history of modern philosophy, philosophy of religion and the history and philosophy of science. (shrink)

For Hume, one task of logic is “to explain the principles and operations of our reasoning faculties”; this chapter is a study of his logic of inductive reasoning, as presented in Book I of his Treatise and in the Enquiry Concerning Human Understanding. Like other early modern logics—especially those composed, as Hume’s was, under the influence of Locke—Hume’s logic is descriptive, explanatory, and normative. It also aspires to be revelatory. It is descriptive in documenting how our reasoning actually proceeds, explanatory (...) in telling us why it so proceeds, normative in telling us how it should proceed, and revelatory in using those findings to arrive at larger truths about human nature and human life. Hume formulates rules of inductive reasoning and ranks inductive arguments as better and worse. He also advocates the reform of intellectual disciplines. Yet his logic, it is argued, is at the same time deeply skeptical. (shrink)

This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past.

In this engaging study, the authors put casuistry into its historical context, tracing the origin of moral reasoning in antiquity, its peak during the sixteenth and early seventeenth century, and its subsequent fall into disrepute from the mid-seventeenth century.

Much has been written about stakeholder analysis as a process by which to introduce ethical values into management decision-making. This paper takes a critical look at the assumptions behind this idea, in an effort to understand better the meaning of ethical management decisions.A distinction is made between stakeholder analysis and stakeholder synthesis. The two most natural kinds of stakeholder synthesis are then defined and discussed: strategic and multi-fiduciary. Paradoxically, the former appears to yield business without ethics and the latter appears (...) to yield ethics without business. The paper concludes by suggesting that a third approach to stakeholder thinking needs to be developed, one that avoids the paradox just mentioned and that clarifies for managers (and directors) the legitimate role of ethical considerations in decision-making. (shrink)

Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...) 2004 ) and use our work to rebut recent objections to the long-standing claim that psychological properties are multiply realized. For we use scientific evidence, in combination with our more precise theoretical framework, to show that we have strong reason to believe that psychological properties are indeed multiply realized both at the biochemical and neuronal levels. (shrink)

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

Psychotherapy holds out the promise of help for people who are hurting and in need. It can save lives and change lives. In therapy, clients can find their strengths and sense of hope. They can change course toward a more meaningful and healthy life. They can confront loss, tragedy, hopelessness, and the end of life in ways that do not leave them numb or paralyzed. They can discover what brings them joy and what sustains them through hard times. They can (...) begin to trust, or to trust more wisely. They can learn new behaviors in therapy and how to teach themselves new behaviors after therapy ends. They can question what they always believed was a given. They can find out what matters most to them, and how to stop wasting time. They can become happier, or at least less miserable. They can become better able, as Freud noted, to love and to work. They can learn how to accept and love themselves just as they are and accept others who are different from them. Our ethics acknowledge and affirm our profession's responsibilities. This book was written to help strengthen, deepen, and inform ethical awareness and the sense of personal ethical responsibility. Its job is to help you hold onto the ideals-including ethical ideals-that called you into the profession to begin with, to help you develop and fulfill those ideals. There will be so much-trust us on this-that tends to dull ethical awareness, to make ethics drift out of focus, to create barriers between you and your ideals, to replace ethics with pseudo-ethics and ethics placebos. Fatigue, endless paperwork, unrealistic expectations, illness, family crises, not being able to make ends meet, burn out, threats of job loss, insurance coverage that doesn't come close to meeting the needs of our clients, biases that have not been addressed, and so many other forces can pressure us into cutting ethical corners. This book is intended to help you develop a strong and healthy resistance to such forces, to help you weather them without losing your ethical awareness and ideals. (shrink)

We present a model of similarity‐based retrieval that attempts to capture three seemingly contradictory psychological phenomena: (a) structural commonalities are weighed more heavily than surface commonalities in similarity judgments for items in working memory; (b) in retrieval, superficial similarity is more important than structural similarity; and yet (c) purely structural (analogical) remindings e sometimes experienced. Our model, MAC/FAC, explains these phenomena in terms of a two‐stage process. The first stage uses a computationally cheap, non‐structural matcher to filter candidate long‐term memory (...) items. It uses content vectors, a redundant encoding of structured representations whose dot product estimates how well the corresponding structural representations will match. The second stage uses SME (structure‐mapping engine) to compute structural matches on the handful of items found by the first stage. We show the utility of the MAC/FAC model through a series of computational experiments: (a) We demonstrate that MAC/FAC can model patterns of access found in psychological data; (b) we argue via sensitivity analyses that these simulation results rely on the theory; and (c) we compare the performance of MAC/FAC with ARCS, an alternate model of similarity‐based retrieval, and demonstrate that MAC/FAC explains the data better than ARCS. Finally, we discuss limitations and possible extensions of the model, relationships with other recent retrieval models, and place MAC/FAC in the context of other recent work on the nature of similarity. (shrink)

Ethics in business is the most urgent problem facing America today. Now two of the best-selling authors of our time, Kenneth Blanchard and Norman Vincent Peale, join forces to meet this crisis head-on in this vitally important new book. The Power of Ethical Management proves you don't have to cheat to win. It shows today's managers how to bring integrity back to the workplace. It gives hard-hitting, practical, ethical strategies that build profits, productivity, and long-term success. From a straightforward (...) three-step Ethics Check that helps you evaluate any action or decision, to the "Five P's" of ethical behavior that will clarify your purpose and your goals, The Power of Ethical Management gives you an immensely useful set of tools. These can be put to work right away to enhance the performance of your business and to enrich the quality of your life. The Power of Ethical Management is no theoretical treatise Peale and Blanchard speak from their own enormous and unique experience, They reveal the nuts and bolts, practical strategies for ethical decisions that will show you why integrity pays. "So Vince Lombardi was wrong. Winning is not the only thing as headlines and hearings from Wall Street to Washington confirm. Now comes a better game plan from the powerful one-two punch of Ken Blanchard and Norman Vincent Peale in a quickreading new book, The Power of Ethical Management. Peale and Blanchard may be the best thing that has happened to business ethics since Mike Wallace invented 60 Minutes. -- JOHN MACK CARTIER Editor-in-Chief Good Housekeeping. (shrink)