Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

In 2019, the IEEE launched the P7000 standards projects intended to address ethical issues in the design of autonomous and intelligent systems. This move came amidst a growing public concern over the unintended consequences of artificial intelligence (AI), compounded by the lack of an anticipatory process for attending to ethical impact within professional practice. However, the difficulty in moving from principles to practice presents a significant challenge to the implementation of ethical guidelines. Herein, we describe two complementary frameworks for integrating (...) ethical analysis into engineering practice to help address this challenge. We then provide the outcomes of an ethical analysis informed by these frameworks, conducted within the specific context of internetdelivered therapy in digital mental health. We hope both the frameworks and analysis can provide tools and insights, not only for the context of digital healthcare, but for data-enabled and intelligent technology development more broadly. (shrink)

¡Presente! develops a lived theology of nonviolence through an extended case study of the movement to close the School of the Americas (also known as the SOA or WHINSEC). Specifically,it analyzes how the presence of the dead—a presence proclaimed at the annual vigil of the School of the Americas Watch—shapes a distinctive, transnational, nonviolent movement. Kyle B.T. Lambelet argues that such a messianic affirmation need not devolve into violence or sectarianism and, in fact, generates practical reasoning. By developing a (...) messianic political theology in dialogue with the SOA Watch movement, Lambelet's work contributes to Christian ethics as he explores the political implications of the resurrection of the dead. This book contributes to studies of strategic nonviolence and civil resistance by demonstrating how religious and moral dynamics remain an essential part of such struggles. (shrink)

Trois ans après la publication d’un premier volume, Christiane Connan-Pintado et Gilles Béhotéguy réunissent à nouveau un ensemble de contributions ayant pour point commun de considérer la production éditoriale en matière de littérature de jeunesse au prisme du genre. Comme le soulignent dès l’introduction les deux auteurs, l’ouvrage propose un élargissement à la fois spatial (en s’intéressant à la production européenne et non plus uniquement française) et temporel (en prolongeant la période...

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

I consider games with ambiguous payoffs played by non-Expected Utility decision makers. Three equilibrium solutions are studied. Nash equilibrium in which equilibrium mixed strategies must be best responses, Crawford equilibrium in beliefs and pure equilibrium in beliefs in which equilibrium strategies are mixtures of best responses, with the latter restricting best responses to pure actions. I study the interactions between ambiguity preferences on one side and equilibrium properties on the other. I show how the equilibrium concepts differ, computing necessary and (...) sufficient conditions for existence and equivalence. I also show how these solution concepts fare against two fundamental principles of Nash equilibrium in standard games: the principle of indifference and the reduction principle. Given both are central to the computation of Nash equilibrium in games with Expected Utility players, their failure indicates how relaxing the Expected Utility hypothesis may disrupt standard game theoretic results such as the characterization of equilibria in two-player games. (shrink)

In this paper I take up the ambivalence we rightly feel toward leaders by examining the relationship between charismatic authority and moral exemplarity. Drawing on the social theory of Max Weber, and in dialogue with a case study of an anti-militarism movement called the SOA (School of Americas) Watch, I demonstrate that through a “politics of sacrifice” leaders synchronize their own stories with those of communally recognized exemplars and act in ways that evidence a solidarity in the suffering of those (...) exemplars thereby generating their charismatic authority. While performing crucial strategic, motivational, and pedagogical roles, this charisma also introduces problematic temptations to authoritarianism that short-circuit the practical reasoning that exemplars supposedly help to form. In the end this leaves our sense of ambivalence intact. What is needed, I argue, are practices of critique that reopen the distance between leader and follower and thus allow the possibility of practical reason. (shrink)

Advances in assisted reproductive technologies can give rise to several ethical challenges. One of these challenges occurs when the reproductive desires of two individuals become incompatible and conflict. To address such conflicts, it is important to unbundle different aspects of (non)parenthood and to recognize the corresponding reproductive rights. This article starts on the premise that the six reproductive rights—the right (not) to be a gestational, genetic, and social parent—are negative rights that do not entail a right to assistance. Since terminating (...) or continuing a pregnancy is a form of assistance, the right (not) to be a gestational parent should enjoy primacy in conflicts. However, while refusing assistance may hinder the reproductive project of another person, “prior assistance” does not entitle someone to violate a reproductive right. Therefore, our analysis provides reasons to argue that someone has a right to unilaterally use cryopreserved embryos or continue the development of an entity in an extracorporeal gestative environment (i.e., ectogestation). Although this could lead to a violation of the right not to be a genetic parent, it does not necessarily entail a violation of the right not to be a social parent. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

This paper focuses on the opposition between two contemporary research programs in economics: behavioral economics (BE) and experimental market economics (EME). Our claim is that the arguments of this opposition can be clarified through the lens of another opposition in the philosophy of probability and in probability theory, between Bayesianism and frequentism. We show how this probabilistic opposition has indirectly shaped a controversy in psychology that opposes two research programs – Heuristics and Biases and Ecological Rationality – which play respective (...) roles in the foundations of individual rationality in BE and EME. To understand these theoretical interrelationships, we investigate the 1996 controversy between Kahneman, Tversky, and Gigerenzer. Those psychologists held different views on how probabilistic representations influence the context-dependency of rationality. This provides a rationale to suggest that a probabilistic ghost may be haunting the experimental machine in economics, and explai.. (shrink)

In this acclaimed work, first published in 1986, world-renowned scholar Arthur C. Danto explored the inextricably linked but often misunderstood relationship between art and philosophy. In light of the book's impact--especially the essay "The End of Art," which dramatically announced that art ended in the 1960s--this enhanced edition includes a foreword by Jonathan Gilmore that discusses how scholarship has changed in response to it. Complete with a new bibliography of work on and influenced by Danto's ideas, _The Philosophical Disenfranchisement of (...) Art_ continues to be of interest to anyone who thinks seriously about art, as well as to philosophers, aestheticians, and art historians. (shrink)

This essay tries to review the main elements of the concept of public reason as presented by John Rawls with reference to his latest book (The Law of Peoples with The Idea of Public Reason Revisited) and simultaneously brings up the arguments for and against this concept that have been put forward by the literature. Many of the arguments presented here are not new, but what this essay aims at is a reassessment of the debate by confronting many of the (...) interpretations and points of view raised around the concept of public reason. Based on the argumentation that if ‘right’ precedes this leaves room for the (different existences of) ‘good’ I propose that public reason ought to be conceived more as a political concept and less of a comprehensive account of morality. (shrink)

Autonomy has been central to moral and political philosophy for millenia, and has been positioned as a critical aspect of both justice and wellbeing. Research in psychology supports this position, providing empirical evidence that autonomy is critical to motivation, personal growth and psychological wellness. Responsible AI will require an understanding of, and ability to effectively design for, human autonomy (rather than just machine autonomy) if it is to genuinely benefit humanity. Yet the effects on human autonomy of digital experiences are (...) neither straightforward nor consistent, and are complicated by commercial interests and tensions around compulsive overuse. This multi-layered reality requires an analysis that is itself multidimensional and that takes into account human experience at various levels of resolution. We borrow from HCI and psychological research to apply a model (“METUX”) that identifies six distinct spheres of technology experience. We demonstrate the value of the model for understanding human autonomy in a technology ethics context at multiple levels by applying it to the real-world case study of an AI-enhanced video recommender system. In the process we argue for the following three claims: 1) There are autonomy-related consequences to algorithms representing the interests of third parties, and they are not impartial and rational extensions of the self, as is often perceived; 2) Designing for autonomy is an ethical imperative critical to the future design of responsible AI; and 3) Autonomy-support must be analysed from at least six spheres of experience in order to approriately capture contradictory and downstream effects. (shrink)

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

Despite the frequent invocation of ‘false hope’ and possible related moral concerns in the context of assisted reproduction technologies, a focused ethical and conceptual problematisation of this concept seems to be lacking. We argue that an invocation of ‘false hope’ only makes sense if the fulfilment of a desired outcome (eg, a successful fertility treatment) is impossible, and if it is attributed from an external perspective. The evaluation incurred by this third party may foreclose a given perspective from being an (...) object of hope. However, this evaluation is not a mere statistical calculation or observation based on probabilities but is dependent on several factors that should be acknowledgeable as morally relevant. This is important because it allows room for, and encourages, reasoned disagreement and moral negotiation. Accordingly, the object of hope itself, whether or not based on socially embedded desires or practices, can be a topic of debate. (shrink)

In their recent article, Dive, Holmes, and Newson (2023) argue that genetic information should be reported in accordance with the aims of reproductive genetic carrier screening (RGCS). Referring to...

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prophecy without Contempt: Religious Discourse in the Public Square by Cathleen KavenyKyle LambeletProphecy without Contempt: Religious Discourse in the Public Square Cathleen Kaveny CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2016. 464 PP. $49.95"The American public square is not a seminar room" (419). This being the case, Cathleen Kaveny's Prophecy without Contempt challenges ethicists, among others, to reconsider the rhetoric of moral address. Rather than a narrow focus on deliberation, (...) Kaveny commends attention to the genre of indictment, and particularly the American jeremiad, as a significant mode of moral address that deserves normative analysis. Kaveny is no partisan of prophecy. But she offers moral and rhetorical criteria of prophetic speech that allow the genre to do its indispensable work.Kaveny's book proceeds in four parts. In the first part she sets the stage for her argument by surveying three prominent accounts of the status of public moral discourse, critiquing each yet drafting them all into a more global [End Page 195] critique of the failure to take into account the central significance of the rhetoric of prophetic indictment. Correcting this neglect in the second part, Kaveny executes a historical retrieval of the American jeremiad, beginning with early Puritan preachers of the Massachusetts Bay Colony. The point of her at times plodding historical reconstruction is that the jeremiad was not originally socially divisive but rather served to build up the community by calling listeners back to a commonly agreed-on covenant. This uniting function of the jeremiad fails in later generations. Some readers will worry that Kaveny's retrieval risks nostalgia insofar as it conforms to a MacIntyrian declension narrative in which golden origins were irreplaceably fractured.This risk, however, is mitigated by the third and fourth parts of the book, in which Kaveny turns to constructive ethics. She argues that the forensic rhetoric of prophetic indictment should be understood as a chemotherapy. It should not be confused with deliberation, the normal form of moral address. Yet, like chemotherapy, used in the right amount it can restore an ailing patient to health. As we have come to expect, Kaveny is especially adept at taking the moral frameworks developed in one sphere and applying them to another. Trading medical analogies for military, Kaveny argues that best practices of ius bellum verborum can be developed from just war criteria. She adds to these rhetorical constraints that prophetic critique be offered against one's own people with whom one identifies through lamentation and hope. Kaveny concludes with advocacy of prophetic humility and irony as necessary elements of prophetic speech in our pluralistic contemporary context.Although written in accessible prose, Kaveny's book deserves rigorous scholarly engagement. She constructs her argument with the gracious interdisciplinarity of a leading scholar of law and theology at the height of her powers. She is methodologically promiscuous but never shallow, drawing on scholarly fields of moral philosophy, biblical studies, American religious history, in-depth case analysis of contemporary arguments about abortion and torture, and historical paradigms of prophetic virtue (and vice). While scholars in each of these fields will find claims worth engaging in Kaveny's text, ethicists will be particularly interested in her argument for a constrained, continuing need for prophetic indictment.My one critique is that her account of prophetic rhetoric is too conservative. Based on her historical retrieval, Kaveny argues that indictment should serve only to call listeners back to an already agreed-on covenant. It is undoubtedly the case, however, that Kaveny's exemplars of indictment such as Jonah, Lincoln, and King innovated and developed the covenant, even as they invoked it. This complaint aside, Kaveny's book is a major contribution to contemporary conceptualizations of the public square, and stands poised to open new directions for moral analysis of religious actors in pluralistic publics. [End Page 196]Kyle LambeletNotre Dame UniversityCopyright © 2017 Society of Christian Ethics... (shrink)

What should we make of the apocalyptic tone taken up by politicians, journalists, scientists, and activists? Some environmental thinkers such as Michael Shellenberger contend that alarming rhetoric distracts us from the technological and governance challenges presented by climate change. In the article, it is argued that retrieving a practical apocalyptic political theology from the Christian tradition can both clarify conceptual contradictions within this discourse as well as offer a practical orientation toward living within ecological endings. Amid the cascade of environmental (...) crises we are living through, apocalyptic practices of renunciation of the world offer a guide and discipline for living in the end. (shrink)