Behavioral paternalism raises deep concerns that do not arise in traditional welfare economics. These concerns stem from behavioral paternalism’s acceptance of the defining axioms of neoclassical rationality for normative purposes, despite having rejected them as positive descriptions of reality. We argue that behavioral paternalists have indeed accepted neoclassical rationality axioms as a welfare standard; that economists historically adopted these axioms not for their normative plausibility, but for their usefulness in formal and theoretical modeling; that broadly rational individuals might fail to (...) satisfy the axioms for various reasons, making them unpersuasive as normative criteria; and that even if their violation did constitute irrationality, that would not justify paternalists’ choosing among inconsistent preferences to define an individual’s “true” preferences. (shrink)

The notion of entrepreneurship developed by Israel Kirzner has applications far beyond the market process. Legal entrepreneurs are lawyers, activists, and other participants in the legal process who are alert to opportunities to alter legal rules, thereby benefiting themselves or their clients. Legal entrepreneurship creates a dynamic that can generate virtually continuous change in the structure of legal rights and duties. On the one hand, the notion of legal entrepreneurship is a testament to the value of Kirzner’s project. But on (...) the other, it creates a serious problem for Kirzner’s conception of welfare economics, which depends on the existence of a stable background of property rights. If the notion of entrepreneurship implies continual change in property rights, then the power of Kirznerian welfare economics is substantially curtailed.La notion d’esprit d’entreprise développée par Israel Kirzner a des applications qui vont bien au-delà du processus de marché. Les entrepreneurs juridiques sont les avocats, les activistes et autres participants au processus juridique qui ont conscience des opportunités de transformer les règles de droit, que ce soit pour leur propre bénéfice ou pour celui de leurs clients. L’entrepreneuriat juridique crée une dynamique qui peut générer des changements presque continus dans la structure des droits légaux et des devoirs. D’une part, la notion d’entrepreneuriat juridique est un témoignage de la valeur du projet de Kirzner. Mais d’autre part, il crée un sérieux problème quant à sa conception de l’économie du bien-être de Kirzner qui repose sur l’existence d’une structure stable de droits de propriété. Si la notion d’esprit d’entreprise implique un changement continuel dans les droits de propriété, alors la portée de l’économie du bienêtre de Kirzner est substantiellement réduite. (shrink)

A powerful critique of nudge theory and the paternalist policies of behavioral economics, and an argument for a more inclusive form of rationality.

Abstract In Myth & Measurement: The New Economics of the Minimum Wage, David Card and Alan Krueger assemble a variety of evidence purporting to weaken the case that minimum wages lead to unemployment among low?wage workers. Although the authors succeed in casting doubt on some previous studies that supported the standard view, they fail to provide compelling evidence for their alternative model. The methodological errors in their showcase study of minimum wages in New Jersey and Pennsylvania render it nearly worthless, (...) and the remainder of the book's arguments are not weighty enough to reverse the conventional economic wisdom on minimum wages. (shrink)

On the night of 12 November 1958, Walt Whitman witnessed a meteor shower which he later described in his notebook. The lines never found their way into a published piece. But when he came to write his poem about the year 1859-60, the year in which Abraham Lincoln and Stephen Douglas contested the presidency, John Brown was hanged in Virginia, and the mighty British iron steamship the Great Eastern arrived in New York on its maiden voyage, he remembered (...) the heavenly phenomenon of the year before and began his poem, “Year of meteors! brooding year!”1Brooding, indeed, because this poem, the first version of which was completed after the Civil War, is concerned with the year in which South Carolina seceded from the United States, thereby plunging the union of Whitman’s celebrations into bloody divisiveness. Yet the onset of that event is never mentioned in the poem. Rather, its imminence is expressed in the meteor imagery—the portent of human history written in the heavens, a fairly rare example of Whitman employing a traditional literary convention.Among the events of the “Year of meteors,” and seemingly the least of them, certainly the one that appears most unconnected with the “brooding,” “transient,” “strange” atmosphere invoked in the poem, is the visit Edward, Prince of Wales, paid to New York on 11 October 1860 . Whitman saw the prince’s procession, recorded it in his notebook, and introduced it, somewhat incongruously, into his poem, devoting three lines to it: And you would I sing, fair stripling! Welcome to you from me, young prince of England! [P. 239]1. Walt Whitman, “Year of Meteors ,” Leaves of Grass, ed. Sculley Bradley and Harold W. Blodgett , p. 238; all further references to Whitman’s poetry will be cited by page number from this edition and will included in the text. Larzer Ziff is Caroline Donovan Professor of English at the Johns Hopkins University. He has written several books on American culture, the most recent of which is Literary Democracy: The Declaration of Cultural Independence in America. (shrink)

The background to this paper is as follows. In 1998 Glen Whitman published a paper in Constitutional Political Economy called ‘Hayek contra Pangloss on Evolutionary Systems’. At the same time and unaware of Whitman’s work, I posted my draft PhD chapter ‘Friedrich Hayek: a Panglossian evolutionary theorist’ (Denis, 2001, contains the final version) on my web page. Alain Albert (personal communication), having read the PhD chapter, drew my attention to Whitman’s article, and the result was a (...) paper ‘Was Hayek a Panglossian Evolutionary Theorist? A Reply to Whitman’ in the same journal in 2002. This in turn led to Whitman’s ‘Hayek Contra Pangloss: A Rejoinder’, also in Constitutional Political Economy, in December 2003. Now read on …. (shrink)

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies (...) and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

Why battles matter -- Accepting the wager of battle -- Laying just claim to the profits of war -- The monarchical monopolization of military violence -- Were there really rules? -- The death of pitched battle.

Extraterrestrial Altruism examines a basic assumption of the Search for Extraterrestrial Intelligence (SETI): that extraterrestrials will be transmitting messages to us for our benefit. This question of whether extraterrestrials will be altruistic has become increasingly important in recent years as SETI scientists have begun contemplating transmissions from Earth to make contact. Technological civilizations that transmit signals for the benefit of others, but with no immediate gain for themselves, certainly seem to be altruistic. But does this make biological sense? Should we (...) expect altruism to evolve throughout the cosmos, or is this only wishful thinking? Is it dangerous to send messages to other worlds, as Stephen Hawking has suggested, or might humankind benefit from an exchange with intelligence elsewhere in the galaxy? Would extraterrestrial societies be based on different ethical principles, or would we see commonalities with Earthly notions of morality? Extraterrestrial Altruism explores these and related questions about the motivations of civilizations beyond Earth, providing new insights that are critical for SETI. Chapters are authored by leading scholars from diverse disciplines—anthropology, astronomy, biology, chemistry, computer science, cosmology, engineering, history of science, law, philosophy, psychology, public policy, and sociology. The book is carefully edited by Douglas Vakoch, Director of Interstellar Message Composition at the SETI Institute and professor of clinical psychology at the California Institute of Integral Studies. The Foreword is by Frank Drake. This interdisciplinary book will benefit everybody trying to understand whether evolution and ethics are unique to Earth, or whether they are built into the fabric of the universe. (shrink)

Earthbodies describes how our bodies are open circuits to a sensual magic and planetary care that when closed off leads to disastrous detours, such as illness, ...

Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...) policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors--this "equal opportunity degradation"-- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices. (shrink)

There are two alternative approaches to accommodating an agent-centered restriction against, say, φ-ing. One approach is to prohibit agents from ever φ-ing. For instance, there could be an absolute prohibition against breaking a promise. The other approach is to require agents both to adopt an end that can be achieved only by their not φ-ing and to give this end priority over that of minimizing overall instances of φ-ing. For instance, each agent could be required both to adopt the end (...) of minimizing their own promise-breakings and to give this end priority over that of minimizing promise-breakings overall. The former is what I’ll call the side-constraint approach, and the latter is what I’ll call the teleological approach. In this chapter, I argue that, when it comes to accommodating restrictions, we should (1) favor the teleological approach over the side-constraint approach, (2) favor an act-consequentialist approach over a non-consequentialist, teleological approach (such as Rossian pluralism), and (3) favor a Kantsequentialist approach over other act-consequentialist approaches, where Kantsequentialism is a version of act-consequentialism that holds that persons are ends-in-themselves who are inherently and unconditionally valuable and are, thus, owed our respect. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

In this new book Glen Newey offers a balanced guide to this key text that explores both its historical and philosophical aspects.

Fragmented thinking, broken world -- Toward recovery of wholeness: the radical humanities and traditional wisdom -- Toward recovery of wholeness: another look at science -- Insight-imagination -- Living thinking, living world: toward an education of insight-imagination.

Of the many forgiveness-related questions that she takes up in her novels, the one with which Iris Murdoch wrestles most often is the question, “Is forgiveness possible without God?” The aim of this essay is to show, in the first instance, why the question Murdoch persistently raises is a question worth asking. Alongside this primary aim stands a secondary one, which is to consider how one might glean moral insights from the Christian tradition even if one does not (any longer) (...) endorse its theological commitments. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

Is the flavor of mint reducible to the minty smell, the taste, and the menthol-like coolness on the roof of one’s mouth, or does it include something over and above these—something not properly associated with any one of the contributing senses? More generally, are there features of perceptual experiences—so-called novel features—that are not associated with any of our senses taken singly? This question has received a lot of attention of late. Yet surprisingly little attention has been paid to the question (...) of what it means to say that a feature is associated with a sensory modality in the first place. Indeed, there is only one fully developed proposal in the literature, due to Casey O’Callaghan. I argue that this proposal is too permissive to inform the debate over novel features. I go on to argue that all attempts to formulate a better proposal along these lines fail. The corollary of my arguments is that the question of the existence of novel features is poorly formed. Furthermore, the problem generalizes, with the result that we should not rely on our pre-theoretical notions of the senses as the basis of theorizing about the features of perceptual experiences. (shrink)

The integrative memory model combines five core memory systems with an attributional system. We agree with Bastin et al. that this melding is the most novel aspect of the model. But we await further evidence that the model's substantial complexity informs our understanding of false memories or of the development of recollection and familiarity.

It seems that we can be directly accountable for our reasons-responsive attitudes—e.g., our beliefs, desires, and intentions. Yet, we rarely, if ever, have volitional control over such attitudes, volitional control being the sort of control that we exert over our intentional actions. This presents a trilemma: (Horn 1) deny that we can be directly accountable for our reasons-responsive attitudes, (Horn 2) deny that φ’s being under our control is necessary for our being directly accountable for φ-ing, or (Horn 3) deny (...) that the relevant sort of control is volitional control. This paper argues that we should take Horn 3. (shrink)

Industrial emissions of greenhouse gases are significant contributors to climate change, which poses a grave threat to social and economic systems. Our understanding of what might drive firms to reduce their emissions of these gases, however, is incomplete, and it is not clear that the knowledge gained from other environmental issues will readily apply to these emissions. We argue and find that indicators of environmental injustice previously shown to relate to toxic pollutants, for example, are poor predictors of greenhouse gas (...) emissions. Instead, we show that the degree of belief in and concern about climate change in a local community is a significant predictor of the facility’s rate of emission improvements. Furthermore, we find that beliefs at both the facility and headquarter communities influence emission reduction, and that those effects are substitutes for each other. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...) which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (shrink)

Second edition of the introductory guidebook to the basic principles of constructing sound arguments and criticising bad ones. Non-technical in approach, it is based on 186 examples, which Douglas Walton, a leading authority in the field of informal logic, discusses and evaluates in clear, illustrative detail. Walton explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and critical responses. This edition takes into (...) account many developments in the field of argumentation study that have occurred since 1989, many created by the author. Drawing on these developments, Walton includes and analyzes 36 new topical examples and also brings in work on argumentation schemes. Ideally suited for use in courses in informal logic and introduction to philosophy, this book will also be valuable to students of pragmatics, rhetoric, and speech communication. (shrink)

ABSTRACT:I here advance a critical research agenda for the political perspective of corporate social responsibility (Political CSR). I argue that whilst the ‘Political’ CSR literature is notable for both its conceptual novelty and practical importance, its development has been hamstrung by four ambiguities, conflations and/or oversights. More positively, I argue that ‘Political’ CSR should be conceived as one potentialformof globalization, and not as aconsequenceof ‘globalization’; that contemporary Western MNCs should be presumed to engage in CSR for instrumental reasons; that ‘Political’ (...) CSR should be associated with a corresponding ‘political’ model of corporate governance; and that both a ‘Rawlsian’ and ‘Habermasian’ perspective of Political CSR are different from ‘Political’ CSR. In concluding, I use these four critiques to identify a number of areas within which increasingly robust and sophisticated positive and normative theories of Political CSR are required. (shrink)

Over the last 30 years, the self-determination efforts and objectives of Indigenous peoples in Canada have increasingly been cast in the language of 'recognition' — recognition of cultural distinctiveness, recognition of an inherent right to self-government, recognition of state treaty obligations, and so on. In addition, the last 15 years have witnessed a proliferation of theoretical work aimed at fleshing out the ethical, legal and political significance of these types of claims. Subsequently, 'recognition' has now come to occupy a central (...) place in our efforts to comprehend what is at stake in contestations over identity and difference in colonial contexts more generally. In this paper, I employ Frantz Fanon's critique of Hegel's master–slave dialectic to challenge the now hegemonic assumption that the structure of domination that frames Indigenous–state relations in Canada can be undermined via a liberal politics of recognition. Against this assumption, I argue that instead of ushering in an era of peaceful coexistence grounded on the Hegelian ideal of reciprocity, the contemporary politics of recognition promises to reproduce the very configurations of colonial power that Indigenous demands for recognition have historically sought to transcend. (shrink)

This paper considers what Günter Figal’s perspective on objectivity and more generally, his hermeneutic phenomenology, may contribute to the traditions of phenomenological psychological research, as well as non-phenomenological approaches to qualitative research. Across qualitative research approaches and methods developed outside of phenomenology over the past 30–40 years, there has been a trend away from notions of consciousness and subjectivity, as well as objectivity. Günter Figal’s hermeneutical phenomenology retrieves these key ideas and recasts them with greater clarity and precision. These ideas, (...) in conjunction with an understanding of the philosophical position of critical realism, suggest renewed possibilities and significant places for both objectivity and subjectivity within both phenomenological and non-phenomenological psychological qualitative research. (shrink)

Introduction -- Context -- Overview of themes -- Reading the text -- Reception and influence.

Despite the Gothic’s much-discussed resurgence in mainstream American culture, the role the late 2000s financial crisis played in sustaining this renaissance has garnered insufficient critical attention. This article finds the Gothic tradition deployed in contemporary American narrative film to explore the impact of economic crisis and threat, and especially masculine anxieties about a perceived incapacity of men and fathers to protect vulnerable families and homes. Variously invoking the American and Southern Gothics, Take Shelter and Winter’s Bone represent how the domestic-everyday (...) was made unfamiliar, unsettling and threatening in the face of metaphorical and real economic crisis and disorder. The films’ explicit engagement with contemporary American economic malaise and instability thus illustrates the Gothic’s continued capacity to lay bare historical and cultural moments of national crisis. Illuminating culturally persistent anxieties about the American male condition, Take Shelter and Winter’s Bone materially evoke the Gothic tradition’s ability to scrutinize otherwise unspeakable national anxieties about male capacity to protect home and family, including through a focus on economic-cultural “white Otherness.” The article further asserts the significance of prominent female assumption of the protective role, yet finds that, rather than individuating the experience of financial crisis on failed men, both films deftly declare its systemic, whole-of-society basis. In so doing, the Gothic sensibility of pervasive anxiety and dread in Take Shelter and Winter’s Bone disrupts dominant national discursive tendencies to revivify American institutions of traditional masculinity, family and home in the wakes of 9/11 and the recession. (shrink)

Argumentation, which can be abstractly defined as the interaction of different arguments for and against some conclusion, is an important skill to learn for everyday life, law, science, politics and business. The best way to learn it is to try it out on real instances of arguments found in everyday conversational exchanges and legal argumentation. The introductory chapter of this book gives a clear general idea of what the methods of argumentation are and how they work as tools that can (...) be used to analyze arguments. Each subsequent chapter then applies these methods to a leading problem of argumentation. Today the field of computing has embraced argumentation as a paradigm for research in artificial intelligence and multi-agent systems. Another purpose of this book is to present and refine tools and techniques from computing as components of the methods that can be handily used by scholars in other fields. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation. (shrink)

What is forgiveness? When is it appropriate? Is it to be earned or can it be freely given? Is it a passion we cannot control, or something we choose to do? Glen Pettigrove explores the relationship between forgiving, understanding, and loving. He examines the significance of character for the debate, and revives the long-neglected virtue of grace.

Over the last 30 years, the self-determination efforts and objectives of Indigenous peoples in Canada have increasingly been cast in the language of ‘recognition’ — recognition of cultural distinctiveness, recognition of an inherent right to self-government, recognition of state treaty obligations, and so on. In addition, the last 15 years have witnessed a proliferation of theoretical work aimed at fleshing out the ethical, legal and political significance of these types of claims. Subsequently, ‘recognition’ has now come to occupy a central (...) place in our efforts to comprehend what is at stake in contestations over identity and difference in colonial contexts more generally. In this paper, I employ Frantz Fanon's critique of Hegel's master–slave dialectic to challenge the now hegemonic assumption that the structure of domination that frames Indigenous–state relations in Canada can be undermined via a liberal politics of recognition. Against this assumption, I argue that instead of ushering in an era of peaceful coexistence grounded on the Hegelian ideal of reciprocity, the contemporary politics of recognition promises to reproduce the very configurations of colonial power that Indigenous demands for recognition have historically sought to transcend. (shrink)