In this paper I argue for three theses. First, most philosophical analyses of the problem of normative conflict, being based on the impossibility-of-joint-compliance test for conflict, are inadequate. Second, expanding on suggestions made by H. L. A. Hart and Stephen Munzer, I develop an understanding of normative conflict which is not tied to the concept of obedience. Such an understanding of normative conflict is expressly functional: normative conflicts arise when one norm interferes with the intended functioning of another. Third, working (...) from a functional concept of normative conflict, I develop a taxonomical classification scheme for the phenomenon of normative conflict. Normative conflict is the genus within which there are three species: normative contradiction, normative collision, and normative competition. Department of Philosophy, Southeast Missouri State University, Cape Girardeau, MO 63701, U.S.A. (shrink)

"Aristotelian Dialectic" is a dialogue between two persons, T and Q, concerning Aristotle's views on the nature of dialectic and rhetoric and also on the role of dialectic and rhetoric in modern education. T advances two theses: that Aristotle views dialectic and rhetoric as intellectual martial arts. to be used to combat the sophists; and that these arts form the basis of Homeric education. T defends this view by examining what Aristotle has to say in the Topics, The Sophistical Refutations, (...) The Posterior Analytics, and The Rhetoric. T also indicates a strong belief that these arts are as important for education today as they were in Aristotle's time. To drive home this point, T uses many of the techniques he ascribes to Aristotle on Q in the course of their discussion. (shrink)

Dewey's most direct treatment of law and legal theory, "Logical Method and Law," presents a sketch of a pragmatic theory of law. Dewey claims the law needs "a logic relevant to consequences, not antecedents." This paper unpacks Dewey's pragmatic theory of law and outlines some criticisms of Dewey's legal views set forth by the American Legal Realist Karl Llewellyn in an unpublished manuscript titled "John Dewey and Our Law." This paper aims to identify where Dewey and Llewellyn agree and where (...) they, as representatives of major schools of thought, part company. (shrink)

This paper chronicles the author’s experience, as an instructor and as an administrator, taking up the Americans with Disabilities Act (ADA) and implementing changes in the curriculum to accommodate a logic student with dyslexia. The author discusses his misconceptions about dyslexia and his attempts to determine more precisely how it affected his student’s reading abilities. While his student struggled with abstract symbol systems (e.g. standard logical notation), the student had no difficulty with sequences of letters. The author elected to teach (...) the introductory logic course with a logical notation composed entirely of letters, namely Lukasiewicz’ notation. The author details the work that went into learning this notation and teaching an introductory logic course in it, including overviews of lessons on semantics, syntax, and introduction/elimination rules for proofs. The student learned the material very quickly and with great success, progressing to moderately sophisticated proofs. The author reflects on how this reformulated version of an introductory logic course squares with the ADA’s language of “reasonable accommodations” and implores professional philosophers to take seriously what the ADA means for their pedagogy. (shrink)

Hamner seeks to discover what makes pragmatism uniquely American. She argues that the inextricably American character of pragmatism of such figures as C.S. Peirce and William James lies in its often understated affirmation of America as a uniquely religious country with a God-given mission and populated by God-fearing citizens.

PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of ethical and (...) clinical considerations in the use of this diagnosis. Importantly, the diagnostic criteria have changed to a degree with subsequent editions of the DSM. This may have an impact on the interpretation of past legal judgments. Moreover, extensive psychiatric comorbidity may complicate the clinical picture, e.g., mood disorders, substance use disorders, or psychosis. The diagnosis of PTSD is still based on clinical, largely subjective criteria, e.g., biological markers are not yet utilized. As such, there may not be consistent agreement about the diagnosis among experts. This paper summarizes some of these relevant issues in adjudicating violent crimes. (shrink)

There are a number of considerations, including ethical and clinical or diagnostic factors, in utilizing the diagnosis of posttraumatic stress disorder in criminal proceedings. The reliability and validity of the diagnosis may be questioned. Legal precedent may consider extant diagnostic criteria for PTSD and comorbid diagnoses. However, these diagnostic criteria are often in flux considering new research findings. For example, the introduction of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, (...) includes some changes in the PTSD diagnostic criteria. How will this affect interpretation of past legal judgments? Moreover, PTSD has significant psychiatric comorbidity, e.g., substance abuse, which in itself may influence violent behavior and its consequences. Some of these comorbid diagnoses also have changes in their diagnostic criteria. The introduction of biological tests in the assessment of PTSD will likely facilitate more objective diagnosis. (shrink)

Respect, Pluralism, and Justice is a series of essays which sketches a broadly Kantian framework for moral deliberation, and then uses it to address important social and political issues. Hill shows how Kantian theory can be developed to deal with questions about cultural diversity, punishment, political violence, responsibility for the consequences of wrongdoing, and state coercion in a pluralistic society.

Hamner seeks to discover what makes pragmatism uniquely American. She argues that the inextricably American character of pragmatism of such figures as C.S. Peirce and William James lies in its often understated affirmation of America as a uniquely religious country with a God-given mission and populated by God-fearing citizens.

Thomas E. Hill, Jr.; Servility and Self-Respect, The Monist, Volume 57, Issue 1, 1 January 1973, Pages 87–104, https://doi.org/10.5840/monist197357135.

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Objectives: To explore how subjects in a placebo-controlled vitamin A supplementation trial among Ghanaian women aged 15–45 years perceive the trial and whether they know that not all trial capsules are the same, and to identify factors associated with this knowledge.Methods: 60 semistructured interviews and 12 focus groups were conducted to explore subjects’ perceptions of the trial. Steps were taken to address areas of low comprehension, including retraining fieldworkers. 1971 trial subjects were randomly selected for a survey measuring their knowledge (...) that not all trial capsules are the same. The subjects’ fieldworkers were also interviewed about their characteristics and trial knowledge. Factors associated with knowledge were explored using multi-level modeling.Results: Although subjects knew they were taking part in research, most thought they were receiving an active and beneficial medication. Variables associated with knowledge were education and district of residence. Radio broadcasts benefited those with some schooling. Fieldworkers’ characteristics were not associated with subjects’ knowledge.Conclusions: Research and debate on new or improved consent procedures are urgently required, particularly for subjects with little education. (shrink)

I defend the relatively orthodox view that reasons for action are premises in good practical reasoning, against recent counterexamples that suggest that, like “government house” moral justifications, some reasons are to be ignored in deliberation. I also explain, positively, what is right about the orthodoxy. Unless reasons are premises in good practical reasoning, reasons cannot be normative in the way they are usually taken to be, and relatedly, are unfit to play certain familiar theoretical and related everyday roles that give (...) many appeals to reasons their distinctive point. (shrink)

Consider normative properties and facts, such as facts consisting in something's being what you ought to do, or the property of being morally wrong. Normative naturalism is the view that normative properties and facts such as these exist, and that they are natural properties and facts. Some suspect, however, that normativity is incompatible with a wholly naturalistic worldview: that the normative couldn't be natural because it's somehow “just too different” from the natural. I critically examine recent forms of this “just (...) too different” objection to normative naturalism, with a view to making the debate accessible to a general philosophical audience. (shrink)

With the progress of science we become more and more aware of the undiscovered, and of our feebleness to visualize or express what is dimly known to us. Geologists estimate that man evolved some 1,000,000 years ago on an earth which astronomers say is some 2,000,000,000 years old. Caution is required in accepting such figures, for we must remember how far out Lord Kelvin was in estimating the age of the earth—before the discovery of radium. Man has been civilized for (...) some 5,000 years, and Galileo, with his telescope and revolutionary ideas, lived some 300 years ago. There may be, we are told, a million million years before the sun grows weak and the earth becomes farther from the sun so that all life freezes. Long before this man may use up the metals available for his machines, and those ready sources of energy now so wastefully used, by which he at present multiplies and swarms in cities. In such case he will return through birth control or famine, or both, to a simple, uncrowded, pastoral existence. There is little likelihood of his being able to use atomic energy, other than that which reaches the earth as sun radiation and is available directly or as energy stored in water-power, wood, coal, and oil. (shrink)

Constitutivists attempt to ground reasons for action in the constitutive features of agency. Central to Enoch's famous “shmagency” objection to constitutivism is the idea that constitutivists should worry about the question whether there is reason to be an agent rather than a “shmagent”-where a shmagent is a non-agent being who lacks the constitutive features of agency, but is otherwise as similar to agents as can be. I explain why constitutivism isn’t in trouble even if there’s no reason to be an (...) agent. The nature of agency can in principle ground authoritative reasons for agents to act, even if there isn’t, in addition, a reason to be an agent. Relatedly, I explain why a prominent strand in previous responses to Enoch is misleading in focusing on whether the request for reasons to be an agent, as posed by the shmagent, is even possible or intelligible. Even if the shmagent’s request for reasons is possible and intelligible-as I argue it is-this doesn’t matter for constitutivists, for the request is misguided: constitutivists need no reasons to be an agent. (shrink)

Ancient moral philosophers, especially Aristotle and his followers, typically shared the assumption that ethics is primarily concerned with how to achieve the final end for human beings, a life of “happiness” or “human flourishing.” This final end was not a subjective condition, such as contentment or the satisfaction of our preferences, but a life that could be objectively determined to be appropriate to our nature as human beings. Character traits were treated as moral virtues because they contributed well toward this (...) ideal life, either as means to it or as constitutive aspects of it. Traits that tended to prevent a “happy” life were considered vices, even if they contributed to a life that was pleasant and what a person most wanted. The idea of “happiness” was central, then, in philosophical efforts to specify what we ought to do, what sort of persons we should try to become, and what sort of life a wise person would hope for. (shrink)

A psychiatrist recounts a case of a man presenting with severe depression who claimed to have abused children and his pet dog.Clinical management of the case hinged on whether this claim was true, a lie or delusional. The uncertainty over this raised complex ethical dilemmas regarding confidentiality and protection of the public.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.2 (2001) 281-299 [Access article in PDF] Eighteenth-Century Anticipations of the Sociology of Conflict: The Case of Adam Ferguson Lisa Hill Adam Ferguson (1723-1816), a leading figure of the Scottish Enlightenment, is a most interesting figure in the history of sociological thought. Though sometimes perceived as a secondary figure, there have been some attempts to recover him as one of, if not (...) the first "sociologist." 1 Much has been written about Ferguson's contribution to modern social science; 2 this article focuses upon his highly prescient work in the area of conflict theory. It is important to note at the outset, however, that Ferguson's inspiration for these apparently novel insights is classical. His early social theory is curious because it "straddles traditions"; 3 on the one hand he owes a profound debt to classical civic humanism, [End Page 281] but on the other his work quite authentically signposts the emergence of social science proper. This bridging of traditions in Ferguson is a key theme of this paper.Ferguson relies heavily upon conflict in his explanation of historical processes and in the securing of social order. Conflict generates many positive unintended consequences; it leads to the formation of the state, formal defense institutions, and large scale communities; and it plays a pivotal role in the development of the moral personality and contributes to the maintenance of stability and social cohesion. Conflict preserves the balance of powers in government and prevents the encroachment of despotism. In this regard, then, conflict cannot be regarded as wholly unnecessary, destructive, or undesirable but as integral to progress and the march towards civilization. 4Gladys Bryson has noted that Ferguson's exposition of conflict was original with him and "set him off from the conventional position of his century." 5 Even so the benefits of conflict and dissension had been canvassed long before by Tacitus and Machiavelli, both of whom influenced Ferguson's analysis. 6 In it he challenges the false dichotomy promulgated by contractarians of tranquil society on the one hand and violent, isolated chaos on the other; rather, he argues, we are social beings with belligerent tendencies. He also confronts the Aristotelian (and later Hobbesian) premise that the key purpose of society is stability and social harmony. Instead, Ferguson lays great stress on the positive benefits of competition and conflict in our social development and in the maintenance of community. Conflict is just as natural as repose and may even be equally desirable. In this Ferguson indicates his debt to Socrates' suggestion that "some circumstances in the lot of mankind" prompt us to be social, while others prompt us "to war and dissension." 7 As a highlander, Ferguson was well acquainted with the realities of conflict. He also had a brief but lively career as chaplain to the Black Watch Regiment, 8 and it seems likely that his unique views on the positive aspects of "opposition" were reinforced by this experience.Because of this emphasis Ludwig Gumplowicz identified Ferguson as the first significant exponent of the "group struggle" theory of social development. 9 [End Page 282] Ferguson's discussion of conflict and its unintended effects is also partly responsible for his modern reputation as "father of sociology"; 10 and although it is doubtful that he deserves the title, Ferguson was probably the first thinker to place so great an emphasis upon the positive aspects of conflict. 11 The discussion also anticipates nineteenth- and twentieth-century conflict theory in positing conflict as an authentic medium, even form, of solidary association, there is an early dialectical historiography in which class conflict is shown to give rise to constitutional government. A particularly interesting aspect of the discussion is Ferguson's anticipation of Norbert Elias's work on the social function of competitive sport, particularly its role in the process of achieving "civilization."Because of Ferguson's providentialism and in particular his emphasis on the virtue of beneficence, 12 John Bernstein has suggested that "Ferguson's admiration for the qualities revealed in conflict constitute... (shrink)

A powerful set of projections has constructed post-apartheid higher education in South Africa. Among these is the expectation that technikons would become universities of technology, with a mission to drive the technology of national reconstruction and development. In this paper, one of the new universities of technology serves as a case study to explore organizational structure and to highlight the ethics of university management and leadership. Building a new university provides the opportunity to place ethics “upfront”, rather than as an (...) afterthought, by constructing an organizational framework that makes ethical issues integral to management and decision-making processes. In imagining the structure of a university of technology, the authors were inspired by future scripting methods developed by Bastiaan De Laat, and by Duncan Den Boer, Arie Rip and Sandra Speller. The research process firstly involved the identification of themes related to values and ethics through an analysis of the environment. These themes were incorporated into three scenarios of possible futures for this new university type. Using these scenarios, the ethical issues that emerged, are compared with the original themes. Conclusions are then drawn with regard to management structures that are hierarchical and entrench compliance, or that are traditionally collegiate and expertise-based, or that might enable mutual appreciation and allow for leaders to emerge within any functional space at a university of technology. (shrink)

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

Contemporary discussions of practical reason often refer vaguely to the Kantian conception of reasons as an alternative to various means-ends theories, but it is rarely clear what this is supposed to be, except that somehow moral concerns are supposed to fare better under the Kantian conception. The theories of Nagel, Gewirth, Darwall, and Donagan have been labeled “Kantian” because they deviate strikingly from standard preference models, but their roots in Kant have not been traced in detail and important differences may (...) go unnoticed. All this is not surprising, of course, because Kant’s conception of practical reason is inseparable from his ideas of freedom, which are notoriously difficult and controversial. It is hard enough to characterize these ideas accurately in Kantian terminology, harder still to explain them in terms of contemporary debates about reasons for action. (shrink)