This article assesses the state of empirical legal research and chronicles the field's history focusing on bankruptcy. This article begins with a discussion of what might have attracted bankruptcy scholars to extract an empirical vein in their scholarly work. It offers a short chronicle of the development of empirical bankruptcy scholarship from Justice Douglas to the current generation. Because of the relative paucity of such scholarship outside the U.S., this chronicle inevitably focuses on that country. It is divided into separate (...) discussions of individual and corporate bankruptcy. It elaborates the substantial amount of empirical scholarship in bankruptcy as compared with other fields, the grounds on which academic debates play out offer significant explanatory factors. This article concludes with some discussion regarding empirical questions on which bankruptcy scholars might probably focus future attention. (shrink)

The subject of the passions has always haunted Western philosophy and, more often than not, aroused harsh judgments. For the passions represent a force of excess and lawlessness in humanity that produces troubling, confusing paradoxes. Michel Meyer provides new insight into an age-old dilemma: Does passion torture people because it blinds them, or, on the contrary, does it permit them to apprehend who and what we really are?

This is a collection of papers presented at the Symposium "Are There are Laws of Biology?", in the 1996 Biennial Meetings of the Philosophy of Science Association. It includes four separate papers: "Why Do Biologists Argue Like They Do?" by John Beatty, "Does Biology Have Laws? The Experimental Evidence" by Robert Brandon, "Two Outbreaks of Lawlessness in Recent Philosophy of Biology" by Elliott Sober, and "Pragmatic Laws" by Sandra D. Mitchell.

Question of conscience -- Creation ordinances -- Razor's edge -- Legalist distortion -- Distortion of lawlessness -- Degrees of sin.

Rates of violence in the American South have long been much greater than in the North. Accounts of duels, feuds, bushwhackings, and lynchings occur prominently in visitors’ accounts, newspaper articles, and autobiography from the 18th Century onward. According to crime statistics these differences persist today. In their book, Culture of Honor, Richard Nisbett and Dov Cohen argue that the South is more violent than the North because Southerners have different, culturally acquired beliefs about personal honor than Northerners. The South was (...) disproportionately settled by Protestant Scotch-Irish, people with an animal herding background, whereas Northern settlers were English, German and Dutch peasant farmers. Most herders live in thinly settled, lawless regions. Since livestock are easy to steal, herders seek reputations for willingness to engage in violent behavior as a deterrent to rustling and other predatory behavior. Of course, bad men come to subscribe to the same code, the better to intimidate their victims. As this arms race proceeds, arguments over trivial acts can rapidly escalate if a man—less often a woman—thinks his honor is at stake, and the resulting “culture of honor” leads to high rates of violence. Nisbett and Cohen support their hypothesis with an impressive range of data including, laboratory data, attitude surveys, field experiments, data on violence, and differences in legal codes. (shrink)

Does biology have general laws that apply to all levels of biological organisation, across all evolutionary time? In their book “Biology’s first law: the tendency for diversity and complexity to increase in evolutionary systems” (2010), Daniel McShea and Robert Brandon propose that the most fundamental law of biology is that all levels of biological organisation have an underlying tendency to become more complex and diverse over time. A range of processes, most notably selection, can prevent the expression of this (...) tendency, but they predict that, on average, we should see that lineages tend toward greater diversity and complexity, driven by fundamentally neutral processes. Their hypothesis can be summarised as “diversity is easy, stasis is hard”. Here, I consider evidence for this “zero force evolutionary law”. It provides a fair description of evolutionary change at the genomic level, but the predictions of the proposed law are not met for broad scale patterns in the evolution of the animal kingdom. (shrink)

Nozick analyzes fundamental issues, such as the identity of the self, knowledge and skepticism, free will, the foundations of ethics, and the meaning of life.

INTRODUCTION: REASON AND THE PASSIONS i. Philosophy? This same philosophy is a good horse in the stable, but an arrant jade on a journey. ...

This article provides an overview of the historical and philosophical context from which originated G. Bachelard's concept of "phenomenotechnique". It analyzes why phenomenotechnique is crucial for science studies. By incorporating the concept of phenomenotechnique into Hacking's and Galison's models of science, I argue that we can avoid the radicalism of both while also preventing the analysis of scientific practices from collapsing into the interpretive frames mandated by social constructivists.

This important book charts the development of philosophical thinking about history over the past 250 years, combining extracts from key texts with new explanatory and critical discussion. The book is designed to make the work of thinkers such as Hume, Herder, Hegel, Dilthey, Nietzsche, Heidegger and Foucault accessible to students with no prior knowledge of Western philosophy. An introductory section is followed by nine further chapters exploring contrasting schools of thought. The volume reveals the origins of contemporary trends in the (...) discipline and relates wider philosophical reflections to the study of history itself. It also points to connections between philosophy of history and literary and cultural theory which have developed in recent decades. (shrink)

The recent crises of BSE and FMD in the United Kingdom have revealed widespread concerns on the part of farmers and consumers about government regulations and handling of animal movements, animal welfare, and food safety. Both crises raised issues of government accountability and the lack of openness in public debate. The issues of democratic process and decision-making were especially strong in relation to the mass slaughter policy of the government to control FMD. This article explores public disquiet about these matters, (...) as expressed through the reports of two public inquiries, and the perceived links between government decision-making and the needs of global agribusiness, to the detriment of family farms and animal welfare. In light of the growing evidence about the environmental and economic costs of agribusiness, the argument is made that strong programs of citizen action, such as the Devon Foot and Mouth Inquiry, that are grounded in an ethical stance on animal welfare can challenge the perspectives of central governments about concepts of cost, efficiency, and safety in agriculture. (shrink)

This article presents some of the findings from the original research carried out with asylum seeking and refugee women in Ireland who were pregnant or who had recently given birth. The explosion in numbers in Ireland from 1998 onwards has been such that this group now comprises more than one in five of every birth in the country's three major maternity hospitals, all based in Dublin. The article explores the background reasons for the major increase in recent years of this (...) group of women. It discusses the difficult circumstances encountered by women who must engage with a system of maternity care unused to such complex needs, amidst a general policy climate of uncertainty and even hostility towards asylum seekers. The research findings contribute to the feminist literature on maternity and challenge us to examine the way in which globalization is impacting on women as mothers and the need for challenging Western states anew on the development of a more coherent model of maternity care in response to the needs of such women. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

What counts as scientific ideology for Canguilhem and Kuhn is functionally distinct. However, in this article I argue that metaphysical and other non-scientificbeliefs brought about by scientists into their research traditions and that Kuhn sees as generating scientific change coincide closely with Canguilhem’s conception of scientific ideology. Kuhn failed to describe clearly those ideological and metaphysical elements influencing the work of science. He chose to focus on psychological factors intrinsic to paradigms and present in paradigm shifts and in scientific revolutions (...) and also in the internal mechanisms of science itself such as the discovery process. Canguilhem triangulated scientific ideologies with the traditional demarcation criterion between science and non-science and with the intertwining of practice, theory, and external (social) beliefs in scientific thought while distancing himself from the psychological dynamic in science characteristic in Kuhn’s work. Their views are complementary. (shrink)

Robert Stern investigates how scepticism can be countered by using transcendental arguments concerning the necessary conditions for the possibility of experience, language, or thought. He shows that the most damaging sceptical questions concern neither the certainty of our beliefs nor the reliability of our belief-forming methods, but rather how we can justify our beliefs.

A revised edition of an undergraduate text for students in history of psychology courses. Designed for one semester, covers: the history of psychology in ancient philosophy, structuralism, neurophysiology, functionalism, behaviorism, psychoanalysis, and gestalt theories. The new edition has expanded.

This paper develops a view of the content of perceptual states that reflects the cognitive significance those states have for the subject. Perhaps the most important datum for such a theory is the intuition that experiences are ‘transparent’, an intuition promoted by philosophers as diverse as Sartre and Dretske. This paper distinguishes several different transparency theses, and considers which ones are truly supported by the phenomenological data. It is argued that the only thesis supported by the data is much weaker (...) than those typically considered in the literature, and has no obvious implications for the existence of sensory intermediaries. It does, however, have implications for the content of perceptual experience. It is argued that combining the first personal project with the transparency intuition yields an error theory of perception. The counterintuitive implications of this error theory are mitigated, however, by an account of perceptual beliefs which allows for them to be true even if the perceptual states are non-veridical. (shrink)

What is right in the corporation is not what is right in a man's home or in his church," a former vice-president of a large firm observes. "What is right in the corporation is what the guy above you wants from you." Such sentiments pervade American society, from corporate boardrooms to the basement of the White House. In Moral Mazes, Robert Jackall offers an eye-opening account of how corporate managers think the world works, and of how big organizations shape (...) moral consciousnss. Based on extensive interviews with managers at every level of two industrial firms and of a large public relations agency, Moral Mazes takes the reader inside the intricate world of the corporation. It is a world where hard work does not necessarily lead to success, but where sharp talk, self-promotion, powerful patrons, and sheer luck might; where intense competition is masked by cheerfully bland public faces; where intentions are cloaked and frankness is simply one of many guises; and where words are always provisional and accountability often depends on the ability to outrun mistakes. In this topsy-turvy world, managers must bring often unforgiving technology and always difficult people together to make money, an uncompromising task demanding continual compromises with conventional verities. Moral issues are translated into practical concerns and into issues of public relations. Sooner or later, managrs ask themselves: How does one act in such a world and maintain a sense of personal integrity? Moral Mazes is a brilliant, sometimes disturbing, often wildly funny study of corporate thinking, decision-making, and morality. It is an analytical work of great importance, one filled with compelling real life stories of the men and women charged with running the business of America. It is a book for anyone interested in how big organizations actually function, or who is concerned with the current moral malaise in our public life. (shrink)

Many theorists claim that if an agent benefits from an action that harms others, that agent has a moral duty to compensate those who are harmed, even if the agent did not cause the harm herself. In the debate on climate justice, this idea is commonly referred to as the beneficiary-pays principle . This paper argues that the BPP is implausible, both in the context of climate change and as a normative principle more generally. It should therefore be rejected.

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

Many theorists claim that if an agent benefits from an action that harms others, that agent has a moral duty to compensate those who are harmed, even if the agent did not cause the harm herself. In the debate on climate justice, this idea is commonly referred to as the beneficiary-pays principle. This paper argues that the BPP is implausible, both in the context of climate change and as a normative principle more generally. It should therefore be rejected.

This book is a small handbook designed to give Institutional Review Board (IRB) members the information they need to protect the rights and welfare of research subjects in a way that is both effective and efficient. The chapters of this book are short and to the point. Topic-specific chapters list the criteria IRB members should use to determine how to vote on specific kinds of studies and offer practical advice on what IRB members should do before and during full-committee meetings.

This is a paradigmatic work of contemporary philosophy.

This is the most important book on Hegel to have appeared in the past ten years. Robert Pippin offers a completely new interpretation of Hegel's idealism, which focuses on Hegel's appropriation and development of kant's theoretical project. Hegel is presented neither as a precritical metaphysician nor as a social theorist, but as a critical philosopher whose disagreements with Kant, especially on the issue of intuitions, enrich the idealist arguments against empiricism, realism and naturalism. In the face of the dismissal (...) of absolute idealism as either unintelligible or implausible, Pippin explains and defends an original account of the philosophical basis for Hegel's claims about the historical and social nature of selfconsciousness, and so of knowledge itself. (shrink)

One of our great behavioral scientists, the bestselling author of Behave, plumbs the depths of the science and philosophy of decision-making to mount a devastating case against free will, an argument with profound consequences Robert Sapolsky's Behave, his now classic account of why humans do good and why they do bad, pointed toward an unsettling conclusion: We may not grasp the precise marriage of nature and nurture that creates the physics and chemistry at the base of human behavior, but (...) that doesn't mean it doesn't exist. Now, in Determined, Sapolsky takes his argument all the way, mounting a brilliant (and in his inimitable way, delightful) full-frontal assault on the pleasant fantasy that there is some separate self telling our biology what to do. Determined offers a marvelous synthesis of what we know about how consciousness works-the tight weave between reason and emotion and between stimulus and response in the moment and over a life. One by one, Sapolsky tackles all the major arguments for free will and takes them out, cutting a path through the thickets of chaos and complexity science and quantum physics, as well as touching ground on some of the wilder shores of philosophy. He shows us that the history of medicine is in no small part the history of learning that fewer and fewer things are somebody's "fault"; for example, for centuries we thought seizures were a sign of demonic possession. Yet, as he acknowledges, it's very hard, and at times impossible, to uncouple from our zeal to judge others and to judge ourselves. Sapolsky applies the new understanding of life beyond free will to some of our most essential questions around punishment, morality, and living well together. By the end, Sapolsky argues that while living our daily lives recognizing that we have no free will is going to be monumentally difficult, doing so is not going to result in anarchy, pointlessness, and existential malaise. Instead, it will make for a much more humane world. (shrink)

Robert Hanna presents a fresh view of the Kantian and analytic traditions that have dominated continental European and Anglo-American philosophy over the last two centuries, and of the connections between them. But this is not just a study in the history of philosophy, for out of this emerges Hanna's original approach to two much-contested theories that remain at the heart of contemporary philosophy. Hanna puts forward a new 'cognitive-semantic' interpretation of transcendental idealism, and a vigorous defense of Kant's theory (...) of analytic and synthetic necessary truth, making this compelling reading for all who are interested in these fundamental philosophical issues. (shrink)

Classical American pragmatism: the pragmatist -- Enlightenment-and its problematic semantics -- Analyzing pragmatism: pragmatics and pragmatisms -- A Kantian rationalist pragmatism: pragmatism -- Inferentialism, and modality in Sellars's arguments against -- Empiricism -- Linguistic pragmatism and pragmatism about norms: an arc of -- Thought from Rorty's eliminative materialism to his pragmatism -- Vocabularies of pragmatism: synthesizing naturalism and -- Historicism -- Towards an analytic pragmatism: meaning-use analysis -- Pragmatism, expressivism, and anti-representationalism: -- Local and global possibilities.

In his influential article ‘Essence and Modality’, Fine proposes a definition of necessity in terms of the primitive essentialist notion ‘true in virtue of the nature of’. Fine’s proposal is suggestive, but it admits of different interpretations, leaving it unsettled what the precise formulation of an Essentialist definition of necessity should be. In this paper, four different versions of the definition are discussed: a singular, a plural reading, and an existential variant of Fine’s original suggestion and an alternative version proposed (...) by Correia which is not based on Fine’s primitive essentialist notion. The first main point of the paper is that the singular reading is untenable. The second that given plausible background assumptions, the remaining three definitions are extensionally equivalent. The third is that, this equivalence notwithstanding, Essentialists should adopt Correia’s version of the definition, since both the existential variant, which has de facto been adopted as the standard version of the definition in the literature, and the plural reading suffer from problems connected to Fine’s primitive essentialist notion. (shrink)

Epistemic Sentimentalism is the view that emotional experiences such as fear and guilt are a source of immediate justification for evaluative beliefs. For example, guilt can sometimes immediately justify a subject’s belief that they have done something wrong. In this paper I focus on a family of objections to Epistemic Sentimentalism that all take as a premise the claim that emotions possess a normative property that is apparently antithetical to it: epistemic reason-responsiveness, i.e., emotions have evidential bases and justifications can (...) be demanded of them. I respond to these objections whilst granting that emotions are reason-responsive. This is not only dialectically significant vis-à-vis the prospects for Epistemic Sentimentalism, but also supports a broader claim about the compatibility of a mental item’s being reason-responsive and its being a generative source of epistemic justification. (shrink)

This is the first book-length study in any language to examine in detail and critically assess the second part of Kant's ethics- -an empirical, impure part, which determines how best to apply pure principles to the human situation. Drawing attention to Kant's under-explored impure ethics, this revealing investigation refutes the common and long-standing misperception that Kants ethics advocates empty formalism. Making detailed use of a variety of Kantian texts never before translated into English, author Robert B. Louden reassesses the (...) strengths and weaknesses of Kantian ethics as a whole, once the second part is re-admitted to its rightful place within Kant's practical philosophy. (shrink)

The Greek philosopher Aristotle, writing over two thousand years before Wall Street, called people who engaged in activities which did not contribute to society "parasites." In his latest work, renowned scholar Robert C. Solomon asserts that though capitalism may require capital, but it does not require, much less should it be defined by the parasites it inevitably attracts. Capitalism has succeeded not with brute strength or because it has made people rich, but because it has produced responsible citizens and--however (...) unevenly--prosperous communities. It cannot tolerate a conception of business that focuses solely on income and vulgarity while ignoring traditional virtues of responsibility, community, and integrity. Many feel that there is too much lip-service and not enough understanding of the importance of cooperation and integrity in corporate life. This book rejects the myths and metaphors of war-like competition that cloud business thinking and develops an "Aristotelean" theory of business. The author's approach emphasizes several core concepts: the corporation as community, the search for excellence, the importance of integrity and sound judgment, as well as a more cooperative and humane vision of business. Solomon stresses the virtues of honesty, trust, fairness, and compassion in the competitive business world, and confronts the problem of "moral mazes" and what he posits as its solution--moral courage. (shrink)