Prior studies have shown a general preference among citizens for juries over judges. Researchers, however, have not considered whether race and ethnicity modify this preference. We hypothesized that minorities (African-Americans, Hispanics), who generally express less trust in the legal system, may also express less trust in juries than non-Hispanic whites. We asked a representative sample of 1,465 residents of Texas to state whether they would prefer a jury or a judge to be the decision maker in four hypothetical circumstances. Consistent (...) with expectations, non-Hispanic whites favored juries over judges, particularly if they imagined themselves as a defendant in a criminal trial. By comparison, although African-Americans and some Hispanics generally favored juries, they showed a much weaker set of jury preferences. African Americans had markedly lower support for the civil jury, but support was higher among minorities with prior jury service. Among Hispanics, respondents who took the survey in Spanish typically preferred a judge to make legal decisions. We consider the implications of our findings for trust in the jury system and trust in community members as decision makers. (shrink)

John McDowell argues that for virtuous agents the requirements of virtue do not outweigh competing considerations, but 'silence' them. He explains this claim in two different ways: a virtuous agent (a) will not be tempted to act in a way which is incompatible with virtue ('motivational silencing'), or (b) will not believe that he has any reason to act in a way which is incompatible with virtue ('rational silencing'). I identify a small class of cases in which alone McDowell's claims (...) about rational silencing are true. He draws his claims from Aristotle's assertion that a life of virtue is 'self-sufficient'. I offer an alternative reading of Aristotle's assertion, which does not imply the truth of McDowell's. But McDowell's claims about motivational silencing are true. (shrink)

Social Postmodernism offers a transformative political vision and addresses the live questions in identity politics. The postmodern focus on race, sexuality and gender is sharpened by integrating the micro-social concerns of the social movements associated with these issues and macro-institutional and cultural analysis. Social Postmodernism brings together leading theorists to explore further the implications for the discourses of feminism, post-Marxian cultural studies, African-American, Gay, Latino/a and postcolonial studies.

This paper is a response to a certain sort of argument defending the rights of animals. Part I is a brief explanation of the background and of the sort of argument I want to reject; Part II is an attempt to characterize those arguments: they contain fundamental confusions about moral relations between people and people and between people and animals. And Part III is an indication of what I think can still be said on—as it were–the animals' side.

The American Journal of Bioethics, Volume 12, Issue 7, Page 21-23, July 2012.

There is a natural view of nonsense, which owes what attraction it has to the apparent absence of alternatives. In Frege and Wittgenstein there is a view which goes against the natural one, and the purpose of this paper is to establish that it is a possible view of nonsense.

While Ralph Waldo Emerson has been increasingly acknowledged as an American thinker influential in the evolution of nineteenth-century philosophy, his essays have largely failed to escape the charges of quietism and political apathy bestowed upon them in his lifetime. Yet if Emerson insisted on the importance of silence to the antislavery movement, it was perhaps due to his theory that one's deepest obligations become involuntarily part of the self and thus refuse to withstand representation in direct speech. My article reads (...) Emerson's writing in this light, suggesting more broadly that the common notion that silence and politics are antithetical be reconsidered with regard to the possibility that what constitutes political speech need not be explicit — or even vocal. (shrink)

The ArgumentBlood tests developed at the turn of the century could in some cases discern genetic relations. While such tests could never prove that a given individual had fathered a child in question, men of certain blood types could be exonerated from paternity of children with other blood types. Starting in the 1930s, scientists and lawmakers attempted to introduce such evidence into paternity or bastardy trials to attest to a man's innocence. Evidence from blood tests soon came to be used (...) in divorce cases.Blood tests appeared to be ideal for providing relevant information in cases when divorcing men claimed as a part of their suit that they had not fathered their ex-wife's child or children. Nevertheless, the courts remained reluctant to intro duce such evidence in divorce cases. This paper will argue that reluctance derived not from a distrust of the science, but from the courts' clinging to a definition of paternity that was not rooted in genetic connection.Many judges and juries fell back on the pre-industrial assumption that once a man married a woman he was automatically the father of any children she bore. While this assumption flew in the face of scientific evidence, it did have the advantage of ensuring that the children of married women could not be bastard ized. The changing manner in which courts handled the tension between genetic paternity and traditional paternity in divorce cases reveals how society's views on paternity have evolved over the course of this century. (shrink)

What is it to "value" something, in the semi-technical sense of the term that Gary Watson establishes? I argue that valuing something consists in caring about it. Caring involves not only emotional dispositions of the sort that Agnieszka Jaworska has elaborated, but also a distinctive cognitive disposition – namely, a (defeasible) disposition to believe the object cared about to be a source of agent-relative reasons for action and for emotion. Understood in this way, an agent's carings have a stronger claim (...) to "speak for" her as her values than do other attitudes that have been proposed for this role. In particular, an agent's carings establish more robust psychological continuities and cross-temporal connections than do self-governing policies of the sort that Michael Bratman has described; and they forge diachronic coherence not just in her deliberation and action, as self-governing policies do, but also in her cognitive and emotional life. An agent's carings thus help to constitute her identity as a temporally persisting subject . Self-governing policies are at best ersatz -values, which an agent may choose to adopt when she finds that her proper values – her cares – leave her course underdetermined. (shrink)

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

Wittgensteinian ethics, it may be thought, is committed to detailed examination of realistically described cases, and hence to eschewing the abstract hypothetical cases, many of them quite bizarre, found in much contemporary moral theorizing. I argue that bizarre cases may be helpful in thinking about ethics, and that there is nothing in Wittgenstein's approach to philosophy that would go against this. I examine the case of the ring of Gyges from the Republic; and I consider also some contemporary arguments about (...) thought-experiments in philosophy. (shrink)

This book aims to productively engage the pioneering work of Queer theorists and point toe way towards a new sociological Queer studies.

P.M.S. Hacker has argued that there are numerous misconceptions in James Conant's account of Wittgenstein's views and of those of Carnap. I discuss only Hacker's treatment of Conant on logical syntax in the _Tractatus. I try to show that passages in the _Tractatus which Hacker takes to count strongly against Conant's view do no such thing, and that he himself has not explained how he can account for a significant passage which certainly appears to support Conant's reading.

Caring is a complex attitude. At first look, it appears very complex: it seems to involve a wide range of emotional and other dispositions, all focused on the object cared about. What ties these dispositions together, so that they jointly comprise a single attitude? I offer a theory of caring, the Attentional Theory, that answers this question. According to the Attentional Theory, caring consists of just two, logically distinct dispositions: a disposition to attend to an object and hence to considerations (...) pertaining to it, and a disposition to respond to the real or apparent reasons those considerations provide. The emotional and other attitudes involved in caring are instantiations of these two, more general dispositions; and these apparently diverse emotional and other dispositions are connected because the real or apparent reasons to which they are dispositions to respond are connected, in structured “packages.” The fact that the reasons to which a caring agent responds are connected in this way provides the basis for an error theory, explaining why it appears as if the emotions involved in caring are governed by rational coherence requirements. (shrink)

Globalization; Islamic countries; Arab countries.

This text addresses various topics in applied ethics from Western and non-Western perspectives. Multicultural perspectives are fully integrated throughout the text.

Difference Troubles, first published in 1997, examines the implications for social theory and sexual politics of taking difference seriously. It explores the trouble difference makes not only for the social sciences, but also for the people - feminists, queer theorists, postmodernists - who champion difference. Seidman asks how social thinkers should conceptualize differences such as gender, race, and sexuality, without reducing them to an inferior status. This is a wide-ranging and sophisticated discussion of contemporary social theory and sexual politics, (...) presented with Seidman's familiar imagination and clarity. In addition, it argues persuasively for a pragmatic approach to difference troubles in theory and politics. (shrink)

In his adoption of the Maimonidean guidelines for extreme humility, the king acts as the supreme existential model for imitatio dei. Imperial governance, when filtered through the prism of Maimonidean humility, results in a regime that most closely resembles a divine one. Using those who occupy the very bottom of the social and political hierarchy (slaves and orphans) as models, the king projects his own sense of "lowliness" to the people. The king thereby promotes their sense of autonomy, and inhibits (...) any anthropocentrism that would be fostered if he were to be viewed as an autocrat. His administration of the royal office is limited by the ethical and philosophical dictates of humility, thereby offering a window into the distinction between its common (anivut) and extreme (shefal ruah) manifestations. Maimonides does in fact define the parameters of this extraordinary humility, but he chooses to do so within the context of a distinct and concrete personality--that of the king. (shrink)

Contested Knowledge d is a new sociological theory text. For the undergraduate or graduate course which inspires students to think afresh about sociological theory, it will be essential reading.

Anonymous sperm donation offspring often yearn for information about their biological fathers, and as they come of age that yearning increases in intensity. We first explore will and interest theory regarding this desire to know one’s heritage and argue that both theories lead to a right of the offspring to know. We then turn to the donor contract, look at the inconsistencies between donor ability to eschew parental responsibility compared to other biological fathers, and argue that there should be a (...) procedure similar to adoption procedures, whereby sperm donors take seriously the legal severing of their parental rights and responsibilities. We conclude that the offspring have a right to their genetic heritage and call for caring reproductive technological practices that ensure children of donors this right. (shrink)

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article (...) interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration. (shrink)

This anthology takes a broad approach to ethics, incorporating traditional topics and texts while bringing in voices and themes that are too often excluded. A substantial section on ethical theory is provided, as are readings on topics such as oppression, sex, identity, the environment, life and death, war and terror, and caring for others. Accessible introductions and discussion questions are included throughout to contextualize material for the student reader without playing favorites among the positions at issue.

This anthology offers a fresh approach to the ethics of business, casting a critical eye on entrenched assumptions and practices. It includes central works from such thinkers as John Locke, Karl Marx, Milton Friedman, Naomi Klein, and Thomas Piketty, while also introducing new voices on a range of pressing practical topics, including racial discrimination in the workplace, factory farming, climate change, affirmative action, and whistleblowing. A truly applied anthology, this book encourages students to see the real-world applications of the theories (...) at issue and to examine the consequences of business as usual. (shrink)