Pursuing equality is an important challenge for any modern democratic society but this challenge faces two sets of difficulties: the theoretical question of what sort of equality to pursue and for whom; and the practical question concerning which legal and political institutions are the most appropriate vehicles for implementing egalitarian social policy and thus realizing egalitarian justice. This book offers original and innovative contributions to the debate about equality of opportunity. The first part of the book sets out a theory (...) of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. The second part shifts the focus to the consideration of the practical application by courts or legislatures or public policy makers of policies for addressing racial, class or gender injustices. The author examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce. (shrink)

In this book Lesley Jacobs challenges the view, now prevalent in North America and Western Europe, that the primary function of a nation's social policy should be to provide support only for the poorest people instead of social services accessible to all its citizens. In an interesting and distinctive argument he develops and defends the idea that access to basic rights such as education, health care, adequate housing, and income support can provide a solid moral foundation for redistributive (...) state welfare programmes, maintaining that any nation which purports to take rights to basic liberties seriously must also be fully committed to the principles of the welfare state. Dr Jacob's thesis addresses a pressing political and philosophical problem at the heart of the policies and structure of the modern state. His justification of the redistribution of resources will be of particular interest to political philosophers, lawyers, and social policy analysts. (shrink)

This text aims to clearly explain the central ideas and concepts in modern political philosophy as well as the main differences between the dominant modern political ideologies; and to show how these various concepts and ideas fit together into a coherent vision of democratic politics.

Among political philosophers - and indeed public officials - it is generally believed that some sort of general principle of distributional equality can provide solid moral foundations for universal access to health care. In fact, this belief is so widely received that even among those who are very critical of egalitarianism, few have expressed doubts about the prospects for an egalitarian defense of universal access to health care. The purpose of this paper is to put pressure on this received view.

This chapter contains section titled: I Equality of Resources II Justice in Health Care III Why Universal Access Requires In‐kind Transfers IV Conclusion Acknowledgement.

Book review of Lesley A. Jacobs' Pursuing Equal Opportunities: The Theory and Practice of Egalitarian Justice.

Despite more than half a century of reform efforts, access to civil justice is still understood to be in a state of crisis. Part of the reason for this is because there is no consensus among the legal community on the meaning of justice in this context. This paper seeks to provide a much-needed theoretical underpinning to the access-to-civil-justice movement. It advances ‘justice as fairness,’ as articulated by the American philosopher John Rawls, in conjunction with Lesley Jacobs’ model (...) of equal opportunities, as a suitable theory in which to frame the access-to-civil-justice movement. I explain why this framework is appropriate for pluralistic democracies like Canada and how it can be used to define measures of justice. This exercise is thus not simply a theoretical discussion, but rather is intended to be used as a practical framework to assess current and proposed policy initiatives. (shrink)

This edited volume examines the realizations between theological considerations and natural law theorizing, from Plato to Spinoza.Theological considerations have long had a pronounced role in Catholic natural law theories, but have not been as thoroughly examined from a wider perspective. The contributors to this volume take a more inclusive view of the relation between conceptions of natural law and theistic claims and principles. They do not jointly defend one particular thematic claim, but articulate diverse ways in which natural law has (...) both been understood and related to theistic claims.In addition to exploring Plato and the Stoics, the volume also looks at medieval Jewish thought, the thought of Aquinas, Scotus, and Ockham, and the ways in which Spinoza's thought includes resonances of earlier views and intimations of later developments. Taken as a whole, these essays enlarge the scope of the discussion of natural law through study of how the naturalness of natural law has often been related to theses about the divine. The latter are often crucial elements of natural law theorizing, having an integral role in accounting for the metaethical status and ethical bindingness of natural law. At the same time, the question of the relation between natural law and God-and the relation between natural law and divine command-has been addressed in a multiplicity of ways by key figures throughout the history of natural law theorizing, and these essays accord them the explanatory significance they deserve. (shrink)

In _The Persistence of the Sacred in Modern Thought,_ Chris L. Firestone, Nathan A. Jacobs, and thirteen other contributors examine the role of God in the thought of major European philosophers from the seventeenth to the nineteenth century. The philosophers considered are, by and large, not orthodox theists; they are highly influential freethinkers, emancipated by an age no longer tethered to the authority of church and state. While acknowledging this fact, the contributors are united in arguing that this is (...) only one side of a complex story. To redress the imbalance of attention to secularism among crucial modern thinkers and to consolidate a more theologically informed view of modernity, they focus on the centrality of the sacred in the thought of these philosophers. The essays, each in its own way, argue that the major figures in modernity are theologically astute, bent not on removing God from philosophy but on putting faith and reason on a more sure footing in light of advancements in science and a perceived need to rethink the relationship between God and world. By highlighting and defending the theologically affirmative dimensions of thinkers such as Thomas Hobbes, Gottfried Leibniz, John Locke, Immanuel Kant, F. W. J. Schelling, G. W. F. Hegel, and others, the essayists present a forceful and timely correction of widely accepted interpretations of these philosophers. To ignore or downplay the theological dimensions of the philosophical works they address, they argue, distorts our understanding of modern thought. "Over the past twenty-five years there has been a gradual change in the study of modern philosophy toward recognizing the centrality of our relation to God in the work of most of the major modern thinkers of the period. _The Persistence of the Sacred in Modern Thought_ is a timely and useful collection that has the potential to crystallize this important development in the study of modern philosophy." —_John E. Hare, Yale Divinity School_. (shrink)

This chapter provides a historical reconstruction of how Alfred Schutz’s American writings were critically engaged by the feminist sociologists Dorothy E. Smith and Patricia Hill Collins. Schutz’s articulation of a phenomenological sociology in relation to, among others, the sociology of Talcott Parsons and the philosophies of science of Ernest Nagel and Carl G. Hempel proved fruitful to Smith in the development of her feminist standpoint theory in her 1987 The Everyday World as Problematic: A Feminist Sociology. Collins likewise draws on (...) Schutz’s writing in the development of her own standpoint theory in her 1986 paper “Learning from the Outsider Within: The Sociological Significance of Black Feminist Thought,” but in a way that addresses some of her own concerns with Smith’s feminist sociology. As I hope to show with the recovery of this underappreciated history, the critical insights of Smith and Collins with regard to the possible uses and limits of phenomenology for feminist theorizing, are still valuable today. (shrink)

D. M. Armstrong famously claims that deterministic laws of nature are contingent relations between universals and that his account can also be straightforwardly extended to irreducibly probabilistic laws of nature. For the most part, philosophers have neglected to scrutinize Armstrong’s account of probabilistic laws. This is surprising precisely because his own claims about probabilistic laws make it unclear just what he takes them to be. We offer three interpretations of what Armstrong-style probabilistic laws are, and argue that all three interpretations (...) are incompatible either with some feature of Armstrong’s broader metaphysics or with essential features of his account of laws (or both). (shrink)

The thinking of these philosophers is examined to assess the extent to which science affected their theories of social and political life. The book shows that the general notion of English liberalism being grounded in science is incorrect. It offers a broad study of the interface between theories of science and liberal political thought and sheds new light on the four philosophers.

The author of The Death and Life of Great American Cities looks at business fraud and criminal enterprise, overextended government farm subsidies and zealous transit police, to show what happens when the moral systems of commerce collide with those of politics.

Kant's lectures on anthropology capture him at the height of his intellectual power. They are immensely important for advancing our understanding of Kant's conception of anthropology, its development, and the notoriously difficult relationship between it and the critical philosophy. This 2003 collection of essays by some of the leading commentators on Kant offers a systematic account of the philosophical importance of this material that should nevertheless prove of interest to historians of ideas and political theorists. There are two broad approaches (...) adopted: a number of the essays consider the systematic relations of the anthropology to critical philosophy, especially speculative knowledge and ethics. Other essays focus on the anthropology as a major source for the clarification of both the content and development of Kant's work. The volume also serves as an interpretative complement to the translation of the lectures in the Cambridge Edition of the Works of Immanuel Kant. (shrink)

It is nearly impossible to open a textbook on Newtonian mechanics without encountering the concept of inertial frames: the frames that are privileged by the theory’s dynamics. In this paper, I argue that extant definitions of inertial frames are unsatisfactory. I criticise two common definitions of inertial frames: law-based definitions, according to which inertial frames are simply those in which the laws are true, and structure-based definitions, according to which inertial frames are those that are ‘adapted’ to spatiotemporal structure. I (...) then offer a new, symmetry-based definition of inertial frames. This definition offers a non-conventional way of specifying the dynamically privileged frames. The result clarifies the foundations of Newtonian mechanics and accounts for the empirical success of coordinate-dependent formulations of it. (shrink)

Betrachtet man die Geschichte des Begriffs ‚Phänomenologie‘, ist nicht auf den ersten Blick klar, was darunter zu verstehen ist. Wie Schuhmann (1984 ) herausgearbeitet hat, tritt dieser Begriff in der Philosophiegeschichte auf, noch lange bevor Edmund Husserl sich ihn zu Eigen machte, um sein eigenes philosophisches Projekt zu beschreiben. Auch hinderte Husserls Versuch, diesen Begriff für die Beschreibung seines eigenen einmaligen Projekts zu beanspruchen, seine Zeitgenossen (z.B. Pfänder, Reinach, Stein) keineswegs daran, denselben Begriff ebenfalls zur Beschreibung ihrer jeweiligen Projekte und (...) Methoden zu verwenden. Es versteht sich also, dass Husserl selbst beträchtlichen Aufwand betrieb, um zu definieren, was der Begriff ‚Phänomenologie‘ in seinen Augen zu bedeuten hatte. Zum Zeitpunkt der Publikation des ersten Buches seiner Ideen zu einer reinen Phänomenologie im Jahre 1913 charakterisiert Husserl Phänomenologie als eine neue Wissenschaft, die sich von jeder anderen, bereits geschichtlich verankerten Wissenschaft wie Physik, Psychologie oder Kulturwissenschaft unterscheidet (Hua III/1, 1). Diese Darstellung von Phänomenologie lässt auf Anhieb eine wichtige Abweichung von seiner einstigen Gleichsetzung von Phänomenologie und deskriptiver Psychologie in den Logischen Untersuchungen (1901) erkennen. In der breiteren philosophischen Landschaft wären angesichts Husserls positiver Bestimmung dessen, was diese phänomenologische Wissenschaft ist, möglicherweise auch heute noch viele genauso irritiert wie einige der damaligen Teilnehmer des VI. Kongresses für experimentelle Psychologie, denen Husserl 1914 erklärte: „Analog wie die reine Geometrie Wesenslehre des ‚reinen‘ Raumes bzw. Wissenschaft von den ideal möglichen Raumgestalten ist, ist die reine Phänomenologie Wesenslehre des ‚reinen‘ Bewusstseins, Wissenschaft von den ideal möglichen Bewusstseinsgestalten (mit ihren ‚immanenten Korrelaten‘)“ (Schumann 1914, 144-5). Was heute wie damals für ein Verständnis dieser Darstellung von Phänomenologie der Klärung bedarf, ist Husserls Beschreibung der Phänomenologie als einer Wesenslehre, d.h. einer reinen oder eidetischen Wissenschaft, ebenso wie seine Aussage, deren Untersuchungsgegenstand sei das von ihm sogenannte reine Bewusstsein. Nur indem man die beiden Bedeutungen von ‚rein‘ erhellt, die hiermit angesprochen sind, wird auch deutlich, inwiefern Husserl behaupten kann, Phänomenologie unterscheide sich von anderen Wissenschaften: sowohl von empirischen wie Physik oder experimenteller Psychologie als auch von anderen eidetischen Wissenschaften wie Geometrie und deskriptiver Psychologie. Diese Erläuterung zeigt nicht nur, inwiefern Phänomenologie von all diesen Disziplinen verschieden ist, sondern auch, inwiefern sie mit ihnen zusammenhängt – und damit ist gerade die Idee der Phänomenologie begründet. (shrink)

This article addresses an ambiguity in Edmund Husserl’s descriptions of what it means to be a human being in the world. On the one hand, Husserl often characterizes the human being in natural scientific terms as a psychophysical unity. On the other hand, Husserl also describes how we experience ourselves as embodied persons that experience and communicate with others within a socio-historical world. The main aim of this article is to show that if one overlooks this ambiguity then one will (...) misunderstand the relation between the subject that experiences a world (and that Husserl terms transcendental) and the human being within the world. (shrink)

Early in the 1980s, a new category of crime appeared in the criminal law lexicon. In response to what was said to be an epidemic of prejudice-motivated violence, Congress and many state legislatures passed a wave of 'hate crime' laws that required the collection of statistics and enhanced the punishment of crimes motivated by certain prejudices. This book places in socio-legal perspective both the hate crime problem and society's response to it. From the outset, Jacobs and Potter adopt a (...) skeptical if not critical stance. They argue that hate crime is a hopelessly muddled concept and that legal definitions of the term are riddled with ambiguity and subjectivity. Moreover, no matter how hate crime is defined, the authors find no evidence to support the claim that the US is experiencing a hate crime epidemic—nor that the number or rate of hate crimes is at an historic zenith. (shrink)

L’article présente une reconstruction d’analyse husserlienne de l’éveil et démontre que, selon Husserl, seule une phénoménologie de l’attention est en mesure d’élucider les véritables caractéristiques de l’état d’éveil. Plus précisément, l’article démontre que, d’un point de vue husserlien, l’attention introduit une distinction entre thème et arrière-plan dans notre expérience et que cette différence est ce qui nous permettra de déterminer dans quelle mesure nous ne sommes jamais pleinement éveillés lorsque nous sommes éveillés (section 1 et 2), comment le sommeil au (...) sein de l’état d’éveil diffère du sommeil véritable (section 3), et, enfin, comment l’intentionnalité survenant lors du sommeil véritable, à l’instar des rêves, diffère radicalement de toute forme de conscience intentionnelle survenant lors de l’état d’éveil (section 4). (shrink)

This book begins with a critique of moral relativism and proceeds to develop a realist account of practical wisdom. The central claims are that there are objective moral facts and that knowledge of these facts can be action-guiding. The justification for these claims involves explaining the role of imagination in moral judgment and action and also showing how a realist approach to morality enables us to better account for immorality, revealing it to involve ignorance, error or falsification. The book concludes (...) with an analysis of how the character of social relations is crucial to the formation of self-conceptions and the development of moral knowledge and moral imagination. (shrink)

In this original study, Jonathan Jacobs provides a new account of ethical realism that combines both abstract meta-ethical issues defining the debate on realism and concrete topics in moral psychology. Jacobs argues that practical reasoners can both understand the ethical significance of facts and be motivated to act by that understanding. In that sense, objective considerations are prescriptive. In his discussion of the theory of practical realism, he extends themes and claims originating in Aristotelian ethics while engaging with (...) the most important contemporary literature. Arguing that desire and reason can agree on what is good, Jacobs explains how good action is naturally pleasing to the agent. In acting well, the agent affirms certain values and enjoys doing so. Jacobs grounds his explanation of ethical value in detailed explorations of the moral psychology of self-love, friendship, and respect. Students and scholars of philosophy will be intrigued by this integrated account of meta-ethics, practical reason, and moral psychology. (shrink)

Edward Shils presented his book Tradition (1981) as the first extensive study of the subject. This article casts light on Shils' multifaceted understanding of tradition, comprising pragmatic, Burkean, veridical, and evolutionist perspectives. His typology of traditions is noted, and his view of institutional bearers of tradition described. In assessing Shils' theory, however, we find that it overreaches, collapsing differences that exist between traditions, transmissions, and the traditional.

This essay re-examines and challenges the conventional wisdom regarding American laissez-faire capitalism, illuminates the extent of government activism and the currents of social democracy, and underscores the significance of the federal structure of the United States political system. We propose Critical Institutionalism to facilitate understanding of the complex, dynamic and contested nature of our political economy.

Although the “Introduction” to the DSM makes it clear that the presence of “clinical” distress or impairment is insufficient for a diagnosis of “mental disorder” , in practice the clinician is completely unshackled from the conceptual definition and is free to decide on a case-by-case basis if “enough” distress or impairment is present, regardless of circumstances, to judge that “mental disorder” can be diagnosed. It is argued that reference to a biological or psychological dysfunction cannot raise “mental disorder” from a (...) judgment quite like “This is pornography, not literature” to a technical–scientific term because “biological dysfunction” must be tied to an outcome that is itself less ambiguous than “mental disorder,” and “psychological dysfunction” erroneously assumes that how people are supposed to think, feel, and act, regardless of circumstances, can be as uncontentious as ideas about physical well being, and in addition erroneously assumes that human behavior can be causally explained. (shrink)