A ‘vestigial social practice' is a norm, convention, or social behavior that persists even when few endorse it or its original justifying rationale. Begby (2021) explores social explanations for the persistence of prejudice, arguing that even if we all privately disavow a stereotype, we might nevertheless continue acting as if it is true because we believe that others expect us to. Meanwhile the persistence of the practice provides something like implicit testimonial evidence for the prejudice that would justify it, making (...) it rational for members of the next generation to acquire the corresponding prejudiced beliefs. This paper distinguishes between three different types of vestigial social practice in terms of the underlying explanatory mechanisms, and argues that the persistence of prejudicial social stereotypes is most tightly linked not to others’ beliefs or expectations, but to the ways that material infrastructure constrains options shapes social outcomes. Given that, the persistence of a practice only provides grounds to infer that most people endorse the corresponding prejudiced belief only if we are in a position to dismiss relevant alternative explanations. (shrink)

With its practical, hands-on approach to legal ethics, the third edition of LEGAL ETHICS is designed to ensure that readers have a solid grasp of the ethical rules that apply in the legal setting. Comprehensive yet easy to understand, this engaging book provides a thorough and substantive analysis of the major principles that affect how the practice of law is regulated. Filled with real-life examples of lawyer and non-lawyer instances of misconduct, current and classic case law, and discussions of famous (...) (and infamous) people, this straightforward book brings the material to life and demonstrates how courts interpret and apply ethical rules to lawyers and their non-lawyer employees. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

Religion: A Study in Beauty, Truth, and Goodness covers the wide array of elements, including the concepts of ultimate being, scripture, ritual, morality, and beauty, which make up the fascinating entity known as religion. Taking a phenomenological approach that emphasizes the standpoint of the religious believer--a view from the inside of religion--Kent Richter uses the categories of experience, belief, and behavior ("Beauty, Truth, and Goodness") as a way to think about religion in general. This approach helps students understand both (...) the great variety in religious traditions and the internal coherence that religion holds for its practitioners. (shrink)

Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.

Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.

Psychopaths constitute less than 1% of the general population, but they commit a much larger proportion of crime and violence in society. This volume chronicles the latest science of psychopathy, various ways that psychopaths challenge the criminal justice system, and the major ethical issues arising from this fascinating condition.

China is the world’s second largest economy and the largest emitter of carbon dioxide, yet we know little about environmental proactivity in the most populated country in the world. We address this gap through a survey of 161 Chinese companies with two respondents per firm (N = 322), where we seek to identify the antecedents and consequences of environmental proactivity. We identify two categorizations of environmental proactivity: Environmental operational improvements and environmental reporting. We find that ecological motivations and regulatory stakeholder (...) pressure are positively related to both types of environmental proactivity, and external stakeholder pressure is negatively related to environmental reporting. Furthermore, we find that (1) if a firm is environmentally proactive (as it relates to either measure) and they are ecologically motivated, there is a positive and significant cost advantage, and (2) if a firm makes use of environmental operational improvement and they are competitively motivated, there is a positive and significant reputation advantage. Implications for researchers, managers, and policy-makers in China are discussed. (shrink)

I argue that inferences from highly probabilifying racial generalizations are not solely objectionable because acting on such inferences would be problematic, or they violate a moral norm, but because they violate a distinctively epistemic norm. They involve accepting a proposition when, given the costs of a mistake, one is not adequately justified in doing so. First I sketch an account of the nature of adequate justification—practical adequacy with respect to eliminating the ~p possibilities from one’s epistemic statespace. Second, I argue (...) that inferences based on demographic generalizations tend to disproportionately expose group members to the risks associated with mistakenly assuming stereotypical propositions, and so magnify the wrong involved in relying on such inferences without adequate justification. (shrink)

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not (...) to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accomodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greenawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 11.2 (2003) 130-140 [Access article in PDF] Western Classical Music and General Education Estelle R. Jorgensen Indiana University Thinking about transforming music, I address issues relating to the role of musicians in higher education and Western classical music in general education. I am concerned about this music because it is marginalized in general education and the civic spaces of public life. Where once it (...) held a privileged place, it seems now to have acquired (in some quarters at least) a negative connotation as a bastion of elitism and privilege. Instead, popular musics (with a nod to musics of other cultures) have pride of place in much elementary and secondary music education and in many university and college offerings designed for students whose principal fields of study lie outside music. An all-too-common musical illiteracy or, at best, elementary level of musical literacy and aurality renders Western classical music inaccessible to the general public just as the pervasiveness of popular music renders it inaudible and invisible. Bridges to past, less accessible, and esoteric traditions are also too few or in disrepair. Julian Johnson laments the diminished stature of Western classical music and argues for its values in today's world. 1Music teachers of all stripes urgently need to address this marginalization of Western classical music as a matter of public policy. If caring for and fostering [End Page 130] diversity in the natural world is a good, then it is reasonable to expect that fostering diversity in the cultural world is likewise a good. If preventing the extinction of natural species is a matter of public policy, then surely preventing the extinction of musics among other cultural traditions is at least as important. Social transformation has within it the seeds of conservation, or the preserving of past traditions, just as it also suggests profound and ongoing planned and unintended change. When any music such as Western classical music is sidelined, music education policy makers need to ask, Is this multi-cultural, multi-ethnic, multi-faceted music important to keep, foster, and change? What does it have to contribute in the present world? Is it being cared for sufficiently? If it needs to change, how ought it be changed? What principles can be helpful to music teachers in caring for, fostering, and changing it? These are compelling public policy questions for our time. A Quarrel and Its Aftermath In 1963, participants in the Yale Seminar asked some of these very difficult questions of music education policy makers. MENC leaders took exception to the seminar and its conclusions; although some outstanding music teachers were participants, the organization had not been invited and the seminar was not its idea. 2 Instead of addressing directly some of the important criticisms of school music education and music teacher education raised in the seminar, the MENC mounted its own rival Tanglewood Symposium in 1967. Participants in this symposium faulted music in higher education for its failure to admit "talented and capable high school music students [to] the privilege of advanced study," the "[c]ompartmentalization and lack of communication between various segments of the music field," its lack of relation to "the musical heritage of American culture," and its failure to ensure arts courses in general education. 3 The symposium contributed to a populist stance focused on the myriad vernacular traditions of the world, thereby diminishing the role and presence of Western classical music and highlighting popular and vernacular musics at MENC conferences and in the elementary and secondary schools in the United States. Subsequent attempts to renew the Western classical tradition and raise the musical expectations of teachers and their students in the nation's schools exemplified in the Juilliard Repertory, Manhattanville Music Curriculum Project, and Comprehensive Musicianship Program seem not to have made a lasting impact. And the differing criticisms and visions of the Yale Seminar and Tanglewood Symposium have yet to be critically engaged.Summarizing criticisms made of school music repertoire in the report of the Yale Seminar to the Office of Education, U.S. Department of Health, Education, and... (shrink)

I argue that the offense generation pattern of slurring terms parallels that of impoliteness behaviors, and is best explained by appeal to similar purely pragmatic mechanisms. In choosing to use a slurring term rather than its neutral counterpart, the speaker signals that she endorses the term. Such an endorsement warrants offense, and consequently slurs generate offense whenever a speaker's use demonstrates a contrastive preference for the slurring term. Since this explanation comes at low theoretical cost and imposes few constraints on (...) an account of the semantics of slurs, this suggests that we should not require semantic accounts to provide an independent explanation of the offense profile. (shrink)

This review takes a historical perspective on concepts in the psychology of motivation and emotion, and surveys recent developments, debates and applications. Old debates over emotion have recently risen again. For example, are emotions necessarily subjective feelings? Do animals have emotions? I review evidence that emotions exist also as core psychological processes, which have objectively detectable features, and which can occur either with subjective feelings or without them. Evidence is offered also that studies of emotion in animals can give new (...) insights into human emotions. Beyond emotion, motivation concepts also have changed over decades, and debates still continue. Motivation was once thought in terms of aversive drives, and reward was thought of in terms of drive reduction. Motivation-as-drive concepts were largely replaced by motivation-as-incentive concepts, yet aversive drive concepts still occasionally surface in motivation neuroscience today. Among incentive motivation concepts, incentive salience is a core process, mediated by brain mesocorticolimbic systems (dopamine-related systems) and sometimes called ‘wanting’ (in quotation marks), to distinguish it from cognitive forms of desire (wanting without quotation marks). Incentive salience as ‘wanting’ is separable also from pleasure ‘liking’ for the same reward, which has important implications for several human clinical disorders. Ordinarily, incentive salience adds motivational urgency to cognitive desires, but ‘wanting’ and cognitive desires can dissociate in some conditions. Excessive incentive salience can cause addictions, in which excessive ‘wanting’ can diverge from cognitive desires. Conversely, lack of incentive salience may cause motivational forms of anhedonia in depression or schizophrenia, whereas a negatively-valenced form of ‘fearful salience’ may contribute to paranoia. Finally, negative ‘fear’ and ‘disgust’ have both partial overlap but also important neural differences. (shrink)

We examine three assumptions commonly held in the corporate reputation literature: (1) reputation ratings of owners and investors are generally representative of all stakeholders; (2) stakeholders will generally provide a higher reputation rating to firms that emphasize corporate social responsibility versus firms that do not; and (3) profitability is the primary criterion of importance to all stakeholders when rating a firm's reputation. Using an exploratory in‐class exercise, our findings suggest that: (1) there are significant differences among stakeholder groups in their (...) reputation ratings; (2) firms that emphasize corporate social responsibility are not rated more highly across all stakeholder groups; and (3) for all stakeholder groups, the ethicality criterion explained more of the variance in firms' reputation ratings than the profitability criterion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 15.2 (2007) 150-160MuseSearchJournalsThis JournalContents[Access article in PDF]Songs to Teach a NationEstelle R. Jorgensen Indiana University, BloomingtonIn this symposium, I first briefly respond to Randall Allsup's piece, "Extraordinary Rendition: On Politics, Music, and Circular Meanings" with some general remarks on the distinctions between fundamentalism and liberalism, and internationalism, nationalism, and localism, and the importance of exercising judgment in order to find a middle ground between (...) extreme positions. Against this backdrop, I reflect on the songs we need to teach the nation to sing and, as a case in point, consider the National Anthem Project launched by the MENC—The National Association for Music Education. I suggest that at the very least the "Star-Spangled Banner" ought not be the only song to teach the nation at this time and it is important to carefully consider which songs we ought to teach the nation. And I propose that music teachers need to take a measured approach that eschews fundamentalism, rampant militarism, and excessive patriotism, embraces musically the tensions between internationalism, nationalism, and localism, and expresses a sensitive world-view through the choice of songs that cultivate and express liberal and democratic ideals and foster peace internationally.1Allsup's attention to the political character of research reminds us of the important consequences of any activity in the public and private spheres. Our endeavors as researchers are inherently ethical and have political consequences because as music teachers, we act on behalf of what John Dewey terms "the public."2 Dewey's "public" arises out of the need for social activities to be collectively organized, especially given the presence of the young, the poor, the ill, the elderly, the needy, and those who are otherwise dependent on others. Politics concerns the organization and governance of the public, that is the collective activities on behalf of society. For Dewey, educational activity cannot escape being ethical and political (construed positively) by the very fact of its undertaking on behalf of a public in the phenomenal world.3My understanding of fundamentalism is that it is, by definition, antithetical to liberalism. Whereas liberalism embraces surprise, entertains the possibility of doubt, and includes the "responsibility to choose,"4 fundamentalism is closed-minded and refuses to be surprised or to doubt the certainty of beliefs that have been accepted. Israel Scheffler notes that there is a safety in dogmatism in which one does not need to face the unsettlement of surprise that one might be wrong and one's beliefs mistaken.5 This quality of fallibility and openness to the possibility of surprise renders a liberal democracy fragile. Without cultivating [End Page 150] capacities and dispositions to open-mindedness and critical thought and action on the part of all the citizens of the democracy, it is open to being high-jacked by closed-mindedness and fundamentalism and thereby subject to dictatorial action on the part of those who seize political power.6 In difficult times, certainty may seem to be safer than open-mindedness that weighs possibilities and thinks through the complexities with which the public must deal. As Paul Woodford argues, if music education is to serve the interests of liberalism, it must likewise cultivate critical thinking and I add the caveat, as a means of defeating fundamentalism and literalism that would destroy liberal democracy.7Liberalism depends on the assertion of certain universal principles of ethical conduct. Seyla Benhabib's reconstruction of universals in what she terms her "post-Enlightenment project of interactive universalism" takes account of important postmodern, feminist, and communitarian insights and understands universals as "interactive not legislative, cognizant of gender difference not gender blind, contextually sensitive and not situation indifferent."8 In this frame, it is only possible to sustain liberalism on the assumption of action that takes for granted that others ought to agree with one and act in such-and-such ways. Whether these principles are referred to as "commonalities" or "universals" in the Benhabibian sense, one appeals to certain propositions on which ethical and political action should be predicated... (shrink)

Several authors have recently suggested that moral factors and norms `encroach' on the epistemic, and because of salient parallels to pragmatic encroachment views in epistemology, these suggestions have been dubbed `moral encroachment views'. This paper distinguishes between variants of the moral encroachment thesis, pointing out how they address different problems, are motivated by different considerations, and are not all subject to the same objections. It also explores how the family of moral encroachment views compare to classical pragmatic encroachment accounts.

In lieu of an abstract, here is a brief excerpt of the content:Four Philosophical Models of the Relation Between Theory and PracticeEstelle R. JorgensenSince music education straddles theory and practice, my purpose is to sketch the strengths and weaknesses of four philosophical models of the relationship between theory and practice. I demonstrate that none of them suffices when taken alone; each has something to offer and its own detractions. And I conclude with four suggested ways in which the analysis can (...) be helpful to music teachers and those interested in their work.Clarifying what is meant by theory and practice raises a nest of conceptual problems. Concerning theory, it may be tempting to equate the terms "theory" and "philosophy." Among their shared properties, these terms deal with conceptual and abstract entities that, from the Enlightenment at least, have been held to be distinct from the phenomenal world. They also clarify ideas and distinguish one concept from another. Among their different purposes, the object of philosophy is the asking of questions in a search for wisdom or truth whereas theory is formulated for explanatory purposes, especially within the frame of scientific propositions that can be refuted through empirical observations. The tests of philosophy are, therefore, those of symbolic logic evidenced in principles such as [End Page 21] internal consistency, correspondence with evidence (deductive, inductive, or analogical), and coherence within a unity or whole. Although logical criteria may also be important in formulating and testing theory,1 it is tested and refuted primarily through means of qualitative descriptions and quantitative assessments of observable phenomena.Regarding practice, one is also confronted with an ambiguous construct that may be interpreted descriptively (what is done in the phenomenal world or taken to be the general state of affairs) or normatively (what is desirable or ideal). There is also the distinction between the practice of a seasoned performer and practice in the sense of striving towards the mastery of a competent and expert practice. In this regard, Vernon Howard distinguishes between "practice" (or the skills exemplified by proficient or expert performers) and "practise (or acquiring the level of mastery of proficient or expert performance)."2 For him, the ambiguous and paradoxical nature of artistic practice highlights the complexity of degrees of attaining mastery of skills or exemplary practice and the diverse array of skills ranging from habit to critical thinking involved in the practice of any art. Although each practice is distinguished by its own belief systems, rituals, expectations, and commonsense, boundaries between differing practices are sometimes "soft" or fuzzy, as one seeps into another.3 Consequently, it is often difficult to distinguish one from another at the margins where one practice becomes another.DichotomyThe notion of theory and practice as independent or a dichotomous relationship between the phenomenal world on the one hand and the mind and spirit on the other has its roots in the ancient world. For Plato, the world of "appearances," referring to the phenomenal world understood by imagination (eikasia) and belief (pistis), should be distinguished from the higher, abstract "intelligible world" grasped through thinking (dianoia), knowledge (episteme), and intelligence (noesis).4 René Descartes' later bifurcation of the inner and outer worlds and inversion of Platonic values and understandings resulted in the ascendancy of careful and deliberate observation of the phenomenal world over philosophical reflection.5 His ideas helped to set the stage for the Enlightenment and the Industrial, Scientific, and Information Revolutions. Empiricism, science, and technology gradually displaced philosophy as primary ways of knowing the phenomenal world and understanding the nature of mind, human cognition, feeling, and being. Making hard-boundaried distinctions between within and without one's self, the phenomenal world and the world of spiritual things, and theory and practice were important insights. These distinctions provided for limits on the sorts of ways in which truth could be known. Reasoned deliberation [End Page 22] and imaginative thought have particular usefulness in the world of theory while sensory perception and careful observation are especially useful in the phenomenal world of practice. So while the scholar might speculate about phenomena, observational tools are also useful in coming to know and understand them. Reason and observation each have particular strengths, and it ought not be assumed that philosophy or scientific observation... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reflections on Futures for Music Education PhilosophyEstelle R. JorgensenIn 1990, when I convened the first International Symposium for the Philosophy of Music Education at Bloomington, Indiana, there was one dominant philosophy of music education in the United States and another was about to make its appearance. The five succeeding symposia (Toronto, Canada, in 1994, led by David Elliott; Los Angeles, United States, in 1997, led by Anthony Palmer and (...) Frank Heuser; Birmingham, United Kingdom, in 2000, led by Mary Reichling and Forest Hansen; Lake Forest, Illinois, United States, in 2003, led by Iris Yob, Frank Heuser, and Forest Hansen; and Hamburg, Germany, in 2005, led by Charlene Morton, Paul Woodford, Frede Nielsen, and Jürgen Vogt) have promoted other philosophies. And this burgeoning of different voices and perspectives has greatly enriched the philosophical underpinnings of music education and moved us from relying on a narrow range of philosophical views towards a plethora of them.In our infant society, the International Society for Philosophy of Music Education (ISPME), we are creating and institutionalizing a forum that can nurture and critique ideas and practices and sustain the work of philosophical reflection in music education over the longer term. We have also benefited from long-term commitments by the Indiana University School of Music and Indiana University [End Page 15] Press to publishing the Philosophy of Music Education Review, now in its fourteenth volume (building on three years of publication of the Philosophy of Music Education Newsletter), and the Counterpoints: Music and Education series that provides an important venue for publishing cutting-edge scholarship in our field. And over the past two years, we have begun to build an international team of philosophers committed to establishing a strong philosophical society in music education.Beyond institutionalizing philosophical scholarship in music education, our society is committed to creating a genuinely international community that offers a global perspective. In the past, music education grew up within national borders and its work was often nationalistic in emphasis. Now, we face new challenges of thinking beyond these national commitments to a world of music education. This world might be seen as what Maxine Greene aptly terms "multiplicities and pluralities,"1 the many differing groups forged within language groups, religious perspectives, political ideologies, economic strictures, and familial obligations. And as philosophers, we work especially within our various linguistic and cultural traditions as we also seek to transcend these traditions in a common discourse.How shall we address philosophically the multiplicities and pluralities, commonalities and differences in music education internationally? Radical relativism and pluralism offer contrasting perspectives.2 Radical relativism sees the host of different music education beliefs and practices around the world as incommensurable and focuses on differences between them. For example, viewing Japanese and British music education within this stance would suggest that since Japanese and British music education reflect Japanese and British society and culture respectively, each cannot be understood in terms of the other, they are different and incommensurate with the other, and it is important to understand each in its own terms. Pluralism, however, sees differences as commensurable and focuses on shared attributes. Since human beings are the creators of culture and society, common threads amidst the differences emerge from this common humanity. For example, as a reflection of their different societies and cultures, although we expect to encounter differences between British and Japanese music education, we may also observe commonalities since they both bear the imprint of a shared humanity.Notwithstanding that musics and educational systems seem, upon first glance and when considered specifically, to be incommensurable, a deeper and more general examination turns up evidence supporting a pluralist perspective.3 Historically, cultures regularly borrow from different others as if there were common human threads. Maurice Ravel, Carl Orff, and Paul Simon are among twentieth-century composers to draw on cultures from the Far East and Africa. In music [End Page 16] education, Masafumi Ogawa's study of the introduction of Luther Whiting Mason's ideas into Japan in the nineteenth century,4 the dissemination of Shinichi Suzuki's ideas into the United States, the spread of Zoltán Kodály's, Émile Jaques-Dalcroze's, and Carl Orff's and Gunild... (shrink)

Different brain mechanisms seem to mediate wanting and liking for the same reward. This may have implications for the modular nature of mental processes, and for understanding addictions, compulsions, free will and other aspects of desire. A few wanting and liking phenomena are presented here, together with discussion of some of these implications.

The twentieth century was a time of dramatic change in the structure, language, and aesthetic purpose of music. Numerous factors came together that led the musical avant-garde toward new artistic paths such as atonality and aleatoricism (use of chance elements) in music, and a shift in the idea of what music should portray away from beauty toward truth, or from idealized to actualized. If the arts are a reflection of the philosophical and aesthetic spirit of the times, then an examination (...) of prominent philosophical and aesthetic regimes of the time should reveal changes that facilitated the aesthetic and artistic innovations of the era. This article will examine the relationship between the philosophical and aesthetic writings of Henri Bergson and the affinities, and in some cases influences, they had on the development of two of the major musical innovations of the twentieth century. Specifically, Arnold Schoenberg's development of atonal compositional technique results partially from Bergson's focus on knowledge as a conveyor of truth, and John Cage's cultivation of aleatoricism as a compositional process arises out of Bergson's critique of nothingness as stated in Creative Evolution. (shrink)

Although it is possible to regard a species as a set with a special internal structure, it is preferable to regard a species as an individual precisely to emphasize this internal structure. It is necessary to recognize, moreover, that two organisms that are part of a single entity with respect to one process need not be part of a single entity with respect to another process. Furthermore, choosing to regard two entities (with respect to one process) as conspecific is not (...) to deny that there are two entities within this species. Thus, the systematist need not propose formal names for every entity he discovers, but the names he proposes ought to be as faithful to the relationship among the entities as is possible. (shrink)

Where does normal brain or psychological function end, and pathology begin? The line can be hard to discern, making disease sometimes a tricky word. In addiction, normal ‘wanting’ processes become distorted and excessive, according to the incentive-sensitization theory. Excessive ‘wanting’ results from drug-induced neural sensitization changes in underlying brain mesolimbic systems of incentive. ‘Brain disease’ was never used by the theory, but neural sensitization changes are arguably extreme enough and problematic enough to be called pathological. This implies that ‘brain disease’ (...) can be a legitimate description of addiction, though caveats are needed to acknowledge roles for choice and active agency by the addict. Finally, arguments over ‘brain disease’ should be put behind us. Our real challenge is to understand addiction and devise better ways to help. Arguments over descriptive words only distract from that challenge. (shrink)

Even for one, individual, singular person, there are potential problelms with Utilitarianism. We must decide whether we go for pleasure, or try to avoid pain. Many other options are available. In addition to maximizing pleasure, we must also think of what the probabilistic likelihood to getting what we want. When weunderstand the problems, we also face the problem of making transitive decisions. Problems with Intransitive decisions take us out of Utilitarian theory. When we add additional people, the problems are still (...) there, but are now elevated. We see there are exact contradictions, and when we add the problems of evaluating,utilitarianism is more difficult than we had expected. Even Jeremy Bentham’s approach leaves us with problems that cut every way in different directions. This is only a start for Utilitarianism. (shrink)

This study demonstrates that legal effectiveness may depend on how an individual perceives him/herself as a competent user of law. The hypotheses tested in this study are that the self-perceptions of people may be more important for legal effectiveness than are the objective factors such as law enforcement agencies and the effectiveness of commercial legislation. The effectiveness concept was tested on survey data collected from 246 managers in Northwest Russia. The result is that the subjective self-perceptions are a stronger determinant (...) of the use of law than is the perceived institutional efficiency. Persons were to a lesser degree adopting law as an instrument conditioned on their calculation of the efficiency of courts and other institutions, but to a greater degree adopting law as a form of communication conditioned on their feeling of assuredness about their ability to communicate with legal terminology. Therefore there is a latent potential for improvement of legal effectiveness in the enhancement of how individuals perceive themselves as knowledgeable users of law. (shrink)

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

Influenced by the Wittgensteinian slogan “Don’t look for the meaning, look for the use,” ordinary language philosophers aimed to defuse various philosophical problems by analyzing key words in terms of what they are used to do or the conditions for appropriately using them. Although Moore, Grice and Searle exposed this error – mixing pragmatics with semantics – it still gets committed, now to a different end. Nowadays the aim is to reckon with the fact that the meanings of a great (...) many sentences underdetermine what we would normally mean in using them – even if the sentence is free of indexicality, ambiguity, and vagueness. This can be so because the sentence expresses a “minimal” proposition or even because it doesn’t fully express any proposition. Many theorists are led to defend “truth-conditional pragmatics” (or linguistic “contextualism”), to find a hidden indexical in every syntactic nook or semantic cranny, or otherwise to pay undue respect to seemingly semantic intuitions and intentions. This paper identifies various such moves and explains what’s regressive about them. (shrink)