Sexual abuse by clergymen, poisoned water, police brutality—these cases each involve two wrongs: the abuse itself and the attempt to avoid responsibility for it. Our focus is this second wrong—the cover up. Cover ups are accountability failures, and they share common strategies for thwarting accountability whatever the abuse and whatever the institution. We find that cover ups often succeed even when accountability mechanisms are in place. Hence, improved institutions will not be sufficient to prevent accountability failures. Accountability mechanisms are tools (...) that people must be willing to use in good faith. They fail when people are complicit. What explains complicity? We identify certain human proclivities and features of modern organizations that lead people to become complicit in the wrongdoing of others. If we focus exclusively on the design of institutions, we will fail to constrain the perpetrators of wrongdoing. Understanding complicity is key to understanding accountability failures. (shrink)

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

Readers of this book are sure to view the ethics of incentives in a new light.

Morning Hours is the first English translation of Morgenstunden by Moses Mendelssohn, the foremost Jewish thinker of the German Enlightenment. Published six months before Mendelssohn's death on January 4, 1786, Morning Hours is the most sustained presentation of his mature epistemological and metaphysical views, all elaborated in the service of presenting his son with proofs for the existence of God. But Morning Hours is much more than a theoretical treatise. It also plays a central role in the drama of the (...) Pantheismusstreit, Mendelssohn's "dispute" with F. H. Jacobi over the nature and scope of Lessing's attitude toward Spinoza and "pantheism". In Morning Hours Mendelssohn attempts to set the record straight regarding his beloved Lessing in this connection, not least by demonstrating the absence of any practical difference between theism and a "purified pantheism". (shrink)

There is considerable confusion regarding the ethical appropriateness of using incentives in research with human subjects. Previous work on determining whether incentives are unethical considers them as a form of undue influence or coercive offer. We understand the ethical issue of undue influence as an issue, not of coercion, but of corruption of judgment. By doing so we find that, for the most part, the use of incentives to recruit and retain research subjects is innocuous. But there are some instances (...) where it is not. Specifically, incentives become problematic when conjoined with the following factors, singly or in combination with one another: where the subject is in a dependency relationship with the researcher, where the risks are particularly high, where the research is degrading, where the participant will only consent if the incentive is relatively large because the participant's aversion to the study is strong, and where the aversion is a principled one. The factors we have identified and the kinds of judgments they require differ substantially from those considered crucial in most previous discussions of the ethics of employing incentives in research with human subjects. (shrink)

A well-known objection to divine simplicity holds that the doctrine is incompatible with God’s contingent knowledge. I set out the objection and reject two problematic solutions. I then argue that the objection is best answered by adopting an “extrinsic model of divine knowing” according to which God’s contingent knowledge, which varies across worlds, does not involve any intrinsic variation in God. Solutions along these lines have been suggested by others. This paper advances the discussion by developing and offering partial defenses (...) of three such models. (shrink)

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several (...) competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. (shrink)

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several (...) competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. (shrink)

Increasingly in the modern world, incentives are becoming the tool we reach for when we wish to bring about change. In government, in education, in health care, between and within institutions of all sorts, incentives are offered to steer people's choices in certain directions. But despite the increasing interest in ethics and economics, the ethics of the use of incentives has raised very little concern. From a certain point of view, this is not surprising. When incentives are viewed from the (...) perspective of market economics, they appear to be entirely unproblematic. An incentive is an offer of something of value, sometimes with a cash equivalent and sometimes not, meant to influence the payoff structure of a utility calculation so as to alter a person's course of action. In other words, the person offering the incentive means to make one choice more attractive to the person responding to the incentive than any other alternative. Both parties stand to gain from the resulting choice. In effect, it is a form of trade, and as such, it meets certain ethical requirements by definition. A trade involves voluntary action by all parties concerned to bring about a result that is beneficial to all parties concerned. If these conditions were not met, the trade would simply not occur. And as inducements in a voluntary transaction, incentives certainly have the moral high ground over coercion as an alternative. (shrink)

Are all God’s activities identical to God? If not, which are identical to God and which not? Although it is seldom noticed, the texts of Aquinas (at least on the surface) suggest conflicting answers to these questions, giving rise to a diversity of opinion among interpreters of Aquinas. In this paper, we draw attention to this conflict and offer what we believe to be the strongest textual and speculative support for and against each of the main answers to these questions.

Incentives are typically conceived as a form of trade, and so voluntariness appears to be the only ethical concern. As a consequence, incentives are often considered ethically superior to regulations because they are voluntary rather than coercive. But incentives can also be viewed as one way to get others to do what they otherwise would not; that is, as a form of power. When incentives are viewed in this light, many ethical questions arise in addition to voluntariness: What are the (...) responsibilities of the powerful in using incentives? Can incentives be manipulative or exploitative, even if people are free to refuse them? Like all other forms of power, incentives can be abused. This paper develops criteria for distinguishing their legitimate from their illegitimate uses, viz. legitimacy of purpose, voluntariness, and effect on character. The criteria are then applied to three cases: plea bargaining, recruiting medical research subjects, and motivating children to learn. Thinking of incentives in terms of.. (shrink)

The privation account of moral evil holds that the badness of morally bad acts consists not in the positive act itself or in any positive feature of the act but rather in the act’s lack of conformity to the moral standard. Traditionally recognized for its theological usefulness, the account has been the target of at least five recent objections. In this paper I offer a positive philosophical argument for the account and then show that the objections fail.

According to prevailing opinion, if a creaturely act is caused by God, then it cannot be free in the libertarian sense. I argue to the contrary. I distinguish intrinsic and extrinsic models of divine causal agency. I then show that, given the extrinsic model, there is no reason one holding that our free acts are caused by God could not also hold a libertarian account of human freedom. It follows that a libertarian account of human freedom is consistent with God’s (...) being the source and cause of all being apart from himself, including the being of free human actions. (shrink)

Peter Furlong has recently raised an objection to my defense of Aquinas’s approach to explaining how God could cause all creaturely actions without causing sin. In this short paper, I argue that the objection fails.

Aquinas maintains that, although God created the universe, he could have created another or simply refrained from creating altogether. That Aquinas believesin divine free choice is uncontroversial. Yet doubts have been raised as to whether Thomas is entitled to this belief, given his claims concerning divine simplicity.According to simplicity, there is no potentiality in God, nor is there a distinction in God between God’s willing, His essence, and His necessary being. On the surface, it appears that these claims leave no (...) room for divine free choice. I argue that attempts by Aquinas and a pair of his contemporary defenders to reconcile God’s freedom with God’s simplicity fail to resolve the problem. Nevertheless, I maintain that Aquinas provides the key to a resolution in his claim that while creatures are really related to God, God is not really related to creatures. (shrink)

This volume offers two complementary works, unabridged, in modernized, annotated texts--the only available edition priced for classroom use. Grant and Tarcov provide a concise introduction, a note on the texts, and a select bibliography.

The Condition of Madness provides a comprehensive philosophical explanation of the conceptual assumptions in psychiatry. Brian Grant begins this work with a historical overview of psychiatry and a discussion of the prevalent views in the contemporary discipline. He then critically examines DSM-IV and argues that the taxonomical categories presently used in psychiatry are almost entirely arbitrary. The book draws on the philosophy of mind and provides discussions of the mind, the self, the will, and madness. It concludes with recommendations (...) on how to view psychiatry and explores what the future holds for the discipline. (shrink)

Aquinas teaches that human acts are caused by God. Assuming that such causation entails theological determinism, philosophers with libertarian intuitions tend either to read around Aquinas’s teaching on the relation of divine causality and human action, or to reject that teaching altogether. Unfortunately, the arguments most often used by Aquinas and his contemporary defenders to show that his teaching is compatible with human freedom fail to address thelibertarian’s main concerns. In part one of this essay, I consider these arguments and (...) show why they fail. In part two, I attempt to address the libertarian’s concerns more directly by arguing that Aquinas should not be thought of as a theological determinist. I will show that theological determinism presupposes acertain logic or explanatory scheme, which Aquinas’s understanding of God, and in particular of divine simplicity, will not accommodate. Hence, the kinds ofinferences needed to make theological determinism intelligible do not apply in Aquinas’s case. (shrink)

Aquinas teaches that human acts are caused by God. Assuming that such causation entails theological determinism, philosophers with libertarian intuitions tend either to read around Aquinas’s teaching on the relation of divine causality and human action, or to reject that teaching altogether. Unfortunately, the arguments most often used by Aquinas and his contemporary defenders to show that his teaching is compatible with human freedom fail to address thelibertarian’s main concerns. In part one of this essay, I consider these arguments and (...) show why they fail. In part two, I attempt to address the libertarian’s concerns more directly by arguing that Aquinas should not be thought of as a theological determinist. I will show that theological determinism presupposes acertain logic or explanatory scheme, which Aquinas’s understanding of God, and in particular of divine simplicity, will not accommodate. Hence, the kinds ofinferences needed to make theological determinism intelligible do not apply in Aquinas’s case. (shrink)

John Locke's Some Thoughts Concerning Education began as a series of letters to his friend, Sir Edward Clarke. Written during the same period he was writing the final draft of An Essay Concerning Human Understanding, the Thoughts was first published in 1693. Locke was as concerned with cultivating the minds of adults as he was with childhood education. Of the Conduct of the Understanding addresses this concern. Locke's thoughts on education are part of his comprehensive epistemological, moral, and political reflections. (...) For this reason, this chapter begins by considering the Thoughts and the Conduct in turn for what they reveal of Locke's educational principles and recommended practices. Then, it turns to address the ways in which these writings on education can deepen our understanding of unresolved theoretical problems in Locke's thought, of key concepts such as freedom and reasonableness, and of the degree of coherence of his philosophy altogether. (shrink)

According to a classical teaching, God is not really related to creatures even by virtue of creating them. Some have objected that this teaching makes unintelligible the claim that God causally accounts for the universe, since God would be the same whether the universe existed or not. I defend the classical teaching, showing how the doctrine is implied by a popular cosmological argument, showing that the objection to it would also rule out libertarian agent causality, and showing that the objection (...) rests on an account of causality and sufficient reason that we have good reason to reject. (Published Online January 15 2007). (shrink)

Is it more dangerous to call something evil or not to? This fundamental question deeply divides those who fear that the term oversimplifies grave problems and those who worry that, to effectively address such issues as terrorism and genocide, we must first acknowledge them as evil. Recognizing that the way we approach this dilemma can significantly affect both the harm we suffer and the suffering we inflict, a distinguished group of contributors engages in the debate with this series of timely (...) and original essays. Drawing on Western conceptions of evil from the Middle Ages to the present, these pieces demonstrate that, while it may not be possible to definitively settle moral questions, we are still able—and in fact are obligated—to make moral arguments and judgments. Using a wide variety of approaches, the authors raise tough questions: Why is so much evil perpetrated in the name of good? Could evil ever be eradicated? How can liberal democratic politics help us strike a balance between the need to pass judgment and the need to remain tolerant? Their insightful answers exemplify how the sometimes rarefied worlds of political theory, philosophy, theology, and history can illuminate pressing contemporary concerns. (shrink)