The United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly is creating quite a stir. Suddenly gone is the famous loosey-goosey rule of Conley v. Gibson that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.Now a complaint must provide enough facts to state a claim to relief that is (...) plausible on its face. Only decided last May, Bell Atlantic has been cited in over 3,700 cases. Already being described as a landmark decision, Bell Atlantic nonetheless has lawyers and judges scratching their heads over the precise pleading standard to apply in its wake. As the Second Circuit (mildly) put it, Considerable uncertainty concerning the standard for assessing the adequacy of pleadings has recently been created by the Supreme Court's decision in Bell Atlantic Corp. v. Twombly. Just what is a plausible showing that the pleader is entitled to relief under Rule 8(a)(2)?I believe an answer lies in the 26-year-old decision of the Former Fifth Circuit in In re Plywood Antitrust Litigation. Plywood Antitrust requires, at a minimum, that a complaint . . . contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory. Already used in more than half the circuits, this standard paraphrases advice found in the venerable WRIGHT & MILLER for nearly 40 years.Properly applied, this all . . . material elements standard satisfies Bell Atlantic's plausibility requirement in all respects. The Plywood Antitrust pleading standard works well after Bell Atlantic, first, because the Supreme Court referred to the standard, albeit parenthetically, with approval in Bell Atlantic. Second, it does much to harmonize the Federal Rules' goal of dispensing with pleading technicalities while still requiring enough general factual information about a pleader's claim to make the notice in notice pleading meaningful. Finally, and perhaps most importantly, it gives lawyers, litigants, and courts a standard they can actually use when drafting, or assessing the sufficiency of, pleadings. (shrink)

Since Charles Beard first focused attention upon it in 1913, the Tenth Federalist Paper has been at the centre of the debate concerning the foundations of the American republic. Specifically, there have been three primary interpretations of this document. Each corresponds to one of the three major traditions of interpretation that have dominated the study of American political thought in the twentieth century. Each also points towards and has been evoked in the service of drastically different political philosophies.

Drawing on the works of philosophers Charles Taylor and Joseph Heath, this paper argues that the critique of consumerism is too often separated into an emphasis on “ideas” or “practices.” Taylor’s critique is set against the backdrop of his interpretation of the ideas and values that are constitutive of Western selfhood. To engage in excessive consumption, on this view, is to betray the ideals underlying one’s cultural identity. Heath, by contrast, argues that critics of consumerism must avoid this kind (...) of ideas-based social criticism because it is not only unproductive, but also illiberal and elitist. The phenomenon of consumerism must be approached, rather, by way of an institutional critique that treats excessive consumption as a collective action problem arising within the context of the market economy. The paper argues that while Heath makes an invaluable contribution to the critique of consumerism, his misunderstanding of the importance of ideas is such that his critique ultimately lacks vigor and persuasiveness. (shrink)

"The main and original contribution of this volume is to offer a discussion of teleology through the prism of religion, philosophy and history. The goal is to incorporate teleology within discussions across these three disciplines rather than restrict it to one as is customarily the case. The chapters cover a wide range of topics, from individual teleologies to collective ones; ideas put forward by the French aristocrat Arthur de Gobineau and the Scottish philosopher David Hume, by the Anglican theologian and (...) founder of Methodism, John Wesley, and the English naturalist Charles Darwin; it criss-crosses intellectually and conceptually from a discussion of morality to that of the sacralisation of politics"--. (shrink)

Systems for color naming across languages have been a fascinating topic for decades. Zaslavsky and colleagues challenge Gibson's argument that color names are shaped by patterns of communicative need. Using an information‐theoretic analysis, they show that color naming is shaped by both perceptual structure (as is usually argued) but also by communication need.

We argue that glory, while seductive, should not be sought for its own sake. We employ some Greek ethics, personalism, and the superhero figures "The Fantastic Four".

Following on from ecological theories of perception, such as the one proposed by [Gibson, J. J. . The senses considered as perceptual systems. Boston: Houghton Mifflin] this paper reviews the literature on the multisensory interactions underlying the perception of flavor in order to determine the extent to which it is really appropriate to consider flavor perception as a distinct perceptual system. We propose that the multisensory perception of flavor may be indicative of the fact that the taxonomy currently used (...) to define our senses is simply not appropriate. According to the view outlined here, the act of eating allows the different qualities of foodstuffs to be combined into unified percepts; and flavor can be used as a term to describe the combination of tastes, smells, trigeminal, and tactile sensations as well as the visual and auditory cues, that we perceive when tasting food. (shrink)

W. V. Quine was quite simply the most distinguished analytic philosopher of the later half of the twentieth century. His celebrated attack on the analytic/synthetic tradition heralded a major shift away from the views of language descended from logical positivism. His most important book, Word and Object, introduced the concept of indeterminacy of radical translation, a bleak view of the nature of the language with which we ascribe thoughts and beliefs to ourselves and others. Quine is also famous for the (...) view that epistemology should be naturalized, that is conducted in a scientific spirit with the object of investigating the relationship between the inputs of experience and the outputs of belief. The eleven essays in this volume cover all the central topics of Quine's philosophy: the underdetermination of physical theory, analycity, naturalism, propositional attitudes, behaviorism, reference and ontology, positivism, holism and logic. (shrink)

In her paper, Robinson asserts that if one is convinced by the arguments assigning personhood according to a threshold criterion, one should also be open to the potential for a secondary personhood threshold, satisfied when one is pregnant, which confers temporary enhanced moral status. Rather than grounding such a claim on a fetus’s possession, or lack thereof, of personhood, Robinson argues that the pregnant person’s status as a ‘unique being’ is enough to satisfy the requirements of such an additional personhood (...) classification. 1 She justifies her claim via three arguments: (1) that the pregnant person is, in fact, more than a singular individual; (2) that pregnant people play a critical role in the human race’s continuation and (3) that the significant harms and burdens to which pregnant people have been exposed to historically and contemporary requires counterbalancing with enhanced protections. Unfortunately, despite Robinson’s best efforts, she does not... (shrink)

In The Origin of Species (1859) Darwin challenged many of the most deeply-held beliefs of the Western world. Arguing for a material, not divine, origin of species, he showed that new species are achieved by "natural selection." The Origin communicates the enthusiasm of original thinking in an open, descriptive style, and Darwin's emphasis on the value of diversity speaks more strongly now than ever. As well as a stimulating introduction and detailed notes, this edition offers a register of the many (...) writers referred to by Darwin in the text. (shrink)

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme The Ethics and Politics of Academic Knowledge Production. Questions of who produces knowledge about what, and how that knowledge is produced, are inherent to editing and publishing academic journals. At the Journal of Business (...) Ethics, we understand the ethical responsibility of academic knowledge production as going far beyond conventions around the integrity of the research content and research processes. We are deeply aware that access to resources, knowledge of the rules of the game, and being able to set those rules, are systematically and unequally distributed. One could ask the question “for whom is knowledge now ethical’”? (See the Burrell commentary.) We have a responsibility to address these inequalities and open up our journal to lesser heard voices, ideas, and ways of being. Our six commentators pursue this through various aspects of the ethics and politics of academic knowledge production. Working with MacIntyre’s scheme of practices and institutions, Andrew West provides commentary on the internal good of business ethics learning and education. Inviting us to step out of the cave, Christopher Michaelson urges a clear-eyed, unblinking focus on the purposes and audiences of business ethics scholarship. As developmental editor, Scott Taylor uncovers some of the politics of peer review with the aim of nurturing of unconventional research. Mike Hyman presents his idiosyncratic view of marketing ethics. In the penultimate commentary, Julie Nelson attributes difficulties in the academic positioning of the Business Ethics field to the hegemony of a masculine-centric model of the firm. And finally, Gibson Burrell provides a powerful provocation to go undercover as researcher-investigators in a parallel ethics of the research process. (shrink)

The present edition provides a detailed and accessible discussion ofhis theories and adds an account of the immediate responses to the book on publication.

Discusses contemporary notions of the self, and examines their origins, development, and effects.

Both the psychology of perception and the philosophy of perception seem to show a new face when the process is considered at its own level, distinct from that of sensation. Unfamiliar conceptions in physics, anatomy, physiology, psychology, and phenomenology are required to clarify the separation and make it plausible. But there have been so many dead ends in the effort to solve the theoretical problems of perception that radical proposals may now be acceptable. Scientists are often more conservative than philosophers (...) of science. I end, therefore, as I began, with a plea for help. (shrink)

This virtual special issue of the Journal of Business Ethics is dedicated to the role that social theory and sociological research can play in understanding business ethics in the contemporary world. Articles have been selected for this virtual issue that highlight the insights provided by the long tradition of sociological theorising, that focus upon enduring social problems and which deal with particularly twenty-first century issues.

Familiarity with Charles Darwin's treatise on evolution is essential to every well-educated individual. One of the most important books ever published--and a continuing source of controversy, a century and a half later--this classic of science is reproduced in a facsimile of the critically acclaimed first edition.

Should engineering ethics be taught? Despite the obvious truism that we all want our students to be moral engineers who practice virtuous professional behavior, I argue, in this article that the question itself obscures several ambiguities that prompt preliminary resolution. Upon clarification of these ambiguities, and an attempt to delineate key issues that make the question a philosophically interesting one, I conclude that engineering ethics not only should not, but cannot, be taught if we understand “teaching engineering ethics” to mean (...) training engineers to be moral individuals (as some advocates seem to have proposed). However, I also conclude that there is a justification to teaching engineering ethics, insofar as we are able to clearly identify the most desirable and efficacious pedagogical approach to the subject area, which I propose to be a case study-based format that utilizes the principle of human cognitive pattern recognition. (shrink)

The essays collected in this volume all explore the problem of the relation between moral philosophy and modernity. Charles Larmore addresses this problem by attempting to define the way distinctive forms of modern experience should orientate our moral thinking. Charles Larmore wonders whether the dominant forms of modern philosophy have not become blind to important dimensions of the moral life. The book argues against recent attempts to return to the virtue-centered perspective of ancient Greek ethics. As well as (...) exploring the differences between ancient and modern ethics, the author examines such topics as the roles of reason and history in our moral understanding, the inadequacy of philsophical naturalism, and the foundations of modern liberalism. There are also extended discussions of a number of leading contemporary philosophers: Rawls, Habermas, Williams and Rorty. (shrink)

This book proposes a new paradigm for the interpretation of Plato's early and middle dialogues. Rejecting the usual assumption of a distinct 'Socratic' period in the development of Plato's thought, this view regards the earlier works as deliberate preparation for the exposition of Plato's mature philosophy. Differences between the dialogues do not represent different stages in Plato's own thinking but rather different aspects and moments in the presentation of a new and unfamiliar view of reality. Once the fictional character of (...) the Socratic genre is recognised, there is no reason to regard Plato's early dialogues as representing the philosophy of the historical Socrates. The result is a unified interpretation of all of the dialogues down to the Republic and the Phaedrus. (shrink)

Despite the increase in global research on health inequalities, more needs to be done to strengthen efforts to inform local interventions. In this article, we ask what determines the local capacity to engage in research on health inequalities. A bibliometric analysis identified Spain as the 10th highest global contributor to this research field (1966–2015), yet a significant proportion of this production was affiliated to just a few institutions in Barcelona. How and why has the city produced so much health inequalities (...) research over four decades? A realist explanatory case study was conducted to test and refine six causal mechanisms, and identify the contextual conditions that might have activated them to generate this outcome. Data was triangulated from 10 semi-structured interviews, and scientific and grey literature. Our findings confirmed that several of our proposed mechanisms - functioning under certain conditions over time - explain the large volume of health inequalities research in Barcelona. Based on these findings, key lessons from the city's experience are suggested. Further research is needed on this topic. (shrink)