This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency (...) compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law. (shrink)

A common working assumption of theories of statutory interpretation is that the object of interpretation is uncontroversial. It is assumed that dispute only centers on the epistemics of interpretation. The assumption is unsound. Theories of statutory interpretation are importantly different from other sorts of theories. The subject matter of other sorts of theories can be identified uncontroversially. In the case of statutory interpretation, the object of interpretation is controversial. What counts as the object of interpretation therefore needs specification. Without the (...) required specification, criteria of evidence and warrant justifying an interpretation are not well-defined.An adequate theory of statutory interpreation must contain both epistemic and ontological components. It must provide criteria for treating information as evidence relevant to, and standards for, interpreting a statute. Providing such criteria in turn requires also giving an account of the object of interpretation — what a statute consists in. Practical reason theories fail to provide acceptable criteria and standards for interpreting a statute. These accounts therefore fail to supply an adequate epistemic components for a theory of statutory interpretation. As to the ontological component, things are less clear. I have argued in sections II and III that this component is partly a matter of substantive political theory. Although practical reason theorists fail to offer a substantive political theory for defining the proper object of interpretation, their accounts are in principle ontologically unobjectionable. At most, practical reason accounts are incomplete. Of course, practical reason accounts might still be defective for other reasons. They may invoke a defective substantive political theory. Or the constraints imposed on properties of a statute or relations between them may not in fact affectuate the goals set by the theory. Such failings would be normative, not metaphysical. Since practical reason accounts are epistemically inadequate and ontologically incomplete, legal theorists should find the accounts less attractive than they do, even putting aside the normative soundness of the accounts. (shrink)

Few American thinkers of the nineteenth and early twentieth centuries were acquainted with Eastern traditions of thought. Early Transcendentalists, including Ralph Waldo Emerson and Henry David Thoreau, were happy exceptions to this, with each showing passing familiarity of and an approving attitude toward the Bhagavad-Gita and other early Vedic texts. Other thinkers of the period, including Walt Whitman and Bronson Alcott, were influenced to varying degrees by Indian thought. Despite this limited fascination with the intellectual traditions of the East, (...) rare was the thinker who made an effort to encounter these texts on their own terms by learning the languages in which they were written. One notable exception .. (shrink)

Weinberg's 1972 work, in his description, had two purposes. The first was practical to bring together and assess the wealth of data provided over the previous decade while realizing that newer data would come in even as the book was being printed. He hoped the comprehensive picture would prepare the reader and himself to that new data as it emerged. The second was to produce a textbook about general relativity in which geometric ideas were not given a starring role for (...) (in his words) too great an emphasis on geometry can only obscure the deep connections between gravitation and the rest of physics. (shrink)

Released in 1984, Steven E. Rhoads' classic was considered by many to be among the best introductions to the economic way of thinking and its applications. This anniversary edition has been updated to account for political and economic developments - from the greater interest in redistributing income and the ascendancy of behaviorism to the Trump presidency. Rhoads explores opportunity cost, marginalism, and economic incentives and explains why mainstream economists - even those well to the left - still value free (...) markets. He critiques economics for its unbalanced emphasis on narrow self-interest as controlling motive and route to happiness, highlighting philosophers and positive psychologists' findings that happiness is far more dependent on friends and family than on income or wealth. This thought-provoking tour of the economist's mind is a must read for our times, providing a clear, lively, non-technical insight into how economists think and why they shouldn't be ignored. (shrink)

Steven French and Decio Krause examine the metaphysical foundations of quantum physics. They draw together historical, logical, and philosophical perspectives on the fundamental nature of quantum particles and offer new insights on a range of important issues. Focusing on the concepts of identity and individuality, the authors explore two alternative metaphysical views; according to one, quantum particles are no different from books, tables, and people in this respect; according to the other, they most certainly are. Each view comes with (...) certain costs attached and after describing their origins in the history of quantum theory, the authors carefully consider whether these costs are worth bearing. Recent contributions to these discussions are analyzed in detail and the authors present their own original perspective on the issues. The final chapter suggests how this perspective can be taken forward in the context of quantum field theory. (shrink)

Value Sensitive Design (VSD) is an established method for integrating values into technical design. It has been applied to different technologies and, more recently, to artificial intelligence (AI). We argue that AI poses a number of challenges specific to VSD that require a somewhat modified VSD approach. Machine learning (ML), in particular, poses two challenges. First, humans may not understand how an AI system learns certain things. This requires paying attention to values such as transparency, explicability, and accountability. Second, ML (...) may lead to AI systems adapting in ways that ‘disembody’ the values embedded in them. To address this, we propose a threefold modified VSD approach: 1) integrating a known set of VSD principles (AI4SG) as design norms from which more specific design requirements can be derived; 2) distinguishing between values that are promoted and respected by the design to ensure outcomes that not only do no harm but also contribute to good; and 3) extending the VSD process to encompass the whole life cycle of an AI technology in order to monitor unintended value consequences and redesign as needed. We illustrate our VSD for AI approach with an example use case of a SARS-CoV-2 contact tracing app. (shrink)

Adequate epistemic justification is best conceived as the appearance, over time, of knowledge to the subject. ‘Appearance’ is intended literally, not as a synonym for belief. It is argued through consideration of examples that this account gets the extension of ‘adequately justified belief’ at least roughly correct. A more theoretical reason is then offered to regard justification as the appearance of knowledge: If we have a knowledge norm for assertion, we do our best to comply with this norm when we (...) express as assertions only beliefs that appear to us to be knowledge. If we are doing our best, there is little point in further sanctions. So a norm of knowledge for assertion would lead to a secondary norm of justified belief as the appearance of knowledge, marking a point at which our assertions may be corrected but should not be blamed. (shrink)

The last decade has witnessed the mass distribution and adoption of smart home systems and devices powered by artificial intelligence systems ranging from household appliances like fridges and toasters to more background systems such as air and water quality controllers. The pervasiveness of these sociotechnical systems makes analyzing their ethical implications necessary during the design phases of these devices to ensure not only sociotechnical resilience, but to design them for human values in mind and thus preserve meaningful human control over (...) them. This paper engages in a conceptual investigations of how meaningful human control over smart home devices can be attained through design. The value sensitive design (VSD) approach is proposed as a way of attaining this level of control. In the proposed framework, values are identified and defined, stakeholder groups are investigated and brought into the design process and the technical constraints of the technologies in question are considered. The paper concludes with some initial examples that illustrate a more adoptable way forward for both ethicists and engineers of smart home devices. (shrink)

Spinoza's Ethics is one of the most remarkable, important, and difficult books in the history of philosophy: a treatise simultaneously on metaphysics, knowledge, philosophical psychology, moral philosophy, and political philosophy. It presents, in Spinoza's famous 'geometric method', his radical views on God, Nature, the human being, and happiness. In this wide-ranging 2006 introduction to the work, Steven Nadler explains the doctrines and arguments of the Ethics, and shows why Spinoza's endlessly fascinating ideas may have been so troubling to his (...) contemporaries, as well as why they are still highly relevant today. He also examines the philosophical background to Spinoza's thought and the dialogues in which Spinoza was engaged - with his contemporaries, with ancient thinkers, and with his Jewish rationalist forebears. His book is written for the student reader but will also be of interest to specialists in early modern philosophy. (shrink)

Baruch Spinoza (1632–1677) was one of the most important philosophers of all time; he was also arguably the most radical and controversial. This was the first complete biography of Spinoza in any language and is based on detailed archival research. More than simply recounting the story of Spinoza's life, the book takes the reader right into the heart of Jewish Amsterdam in the seventeenth century and, with Spinoza's exile from Judaism, right into the midst of the tumultuous political, social, intellectual (...) and religious world of the young Dutch Republic. Though the book will be an invaluable resource for philosophers, historians, and scholars of Jewish thought, it has been written for any member of the general reading public with a serious interest in philosophy, Jewish history, seventeenth-century European history, and the culture of the Dutch Golden Age. Spinoza: A Life has recently been awarded the Koret Jewish Book Award. (shrink)

This short work examines what the Hippocratic Oath said to Greek physicians 2400 years ago and reflects on its relevance to medical ethics today. Drawing on the writings of ancient physicians, Greek playwrights, and modern scholars, each chapter explores one passage of the Oath and concludes with a modern case discussion. This book is for anyone who loves medicine and is concerned about the ethics and history of the profession.

The distinction between presentism and eternalism is usually sought in some formula like ‘Only presently existing things exist’ or ‘Past, present, and future events are equally real’. I argue that ambiguities in the copula prevent these slogans from distinguishing significant opposed positions. I suggest in addition that one can find a series of significant distinctions if one takes spacetime structure into account. These presentisms and eternalisms are not contradictory. They are complementary elements of a complete naturalistic philosophy of time.

Nothing in our world seems more obvious, real, and commonsensical than the idea of self. This book is a fascinating examination of our assumptions about the deceptively simple concept of "self", of the many ways those assumptions are now being challenged, and of the possible new ways of being that may arise in their place.

"One can rarely read or hear commentary on art, popular culture, society, literature, or politics these days without being confronted by the mysterious term 'postmodern.' Unlike any other artistic, critical, or philosophical movement in history, postmodernism has come charging out of the ivory tower and into the minds and mouths of the public. The postmodern lens is now the one through which we all are expected to be able to view the world, but how many of us know what this (...) really means? The tenets of postmodernism are much more than a trendy system of thought or an academic dialogue. Rather, they offer practical tools for coming to terms with a world composed of vast amounts of unsettling information, daily interactions with unfamiliar cultures and beliefs, and a continuous and overwhelming set of choices. [This book] is a stimulating and accessible exploration of the complexities of postmodern thought--constructivism, deconstruction, irony, pluralism, multiculturalism--as diverse as the world it describes. Readers will discover the roots of postmodernism, what it does to cultural symbols and differences, and how it affects psychology, religion, and science in essays both profoundly serious and thoroughly entertaining. [The editor] acts as a guide to this difficult terrain by leading readers through each essay, describing new and provocative ideas in detail, dispelling confusion, and, most important, showing what this thinking has to offer everyone. [This book] is an indispensable handbook for the new cultural literacy of our emerging postmodern world"--. (shrink)

Healthcare is becoming increasingly automated with the development and deployment of care robots. There are many benefits to care robots but they also pose many challenging ethical issues. This paper takes care robots for the elderly as the subject of analysis, building on previous literature in the domain of the ethics and design of care robots. Using the value sensitive design approach to technology design, this paper extends its application to care robots by integrating the values of care, values that (...) are specific to AI, and higher-scale values such as the United Nations Sustainable Development Goals. The ethical issues specific to care robots for the elderly are discussed at length alongside examples of specific design requirements that work to ameliorate these ethical concerns. (shrink)

A collection of essays that provides an introduction to the emerging postmodern world. The reader is guided through the subject and shown how it affects psychology, philosophy, religion and science.

The past few years has seen a resurgence in the public interest in space flight and travel. Spurred mainly by the likes of technology billionaires like Elon Musk and Jeff Bezos, the topic poses both unique scientific as well as ethical challenges. This paper looks at the concept of generation ships, conceptual behemoth ships whose goal is to bring a group of human settlers to distant exoplanets. These ships are designed to host multiple generations of people who will be born, (...) live, and die on these ships long before it reaches its destination. This paper takes reproductive ethics as its lens to look at how genetic enhancement interventions can and should be used not only to ensure that future generations of offspring on the ships, and eventual exoplanet colonies, live a minimally good life but that their births are contingent on them living genuinely good and fulfilling lives. The paper makes the further claim that if such a thesis holds, it also does so for human enhancement on Earth. (shrink)

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

The potential for vaccines to prevent the spread of infectious diseases is crucial for vaccination policy and ethics. In this paper, I discuss recent evidence that the current COVID-19 vaccines have only a modest and short-lived effect on reducing SARS-CoV-2 transmission and argue that this has at least four important ethical implications. First, getting vaccinated against COVID-19 should be seen primarily as a self-protective choice for individuals. Second, moral condemnation of unvaccinated people for causing direct harm to others is unjustified. (...) Third, the case for a harm-based moral obligation to get vaccinated against COVID-19 is weak. Finally, and perhaps most significantly, coercive COVID-19 vaccination policies (e.g., measures that exclude unvaccinated people from society) cannot be directly justified by the harm principle. (shrink)

Drawing upon research in philosophical logic, linguistics and cognitive science, this study explores how our ability to use and understand language depends upon our capacity to keep track of complex features of the contexts in which we converse.

Steven Crowell has been for many years a leading voice in debates on twentieth-century European philosophy. This volume presents thirteen recent essays that together provide a systematic account of the relation between meaningful experience and responsiveness to norms. They argue for a new understanding of the philosophical importance of phenomenology, taking the work of Husserl and Heidegger as exemplary, and introducing a conception of phenomenology broad enough to encompass the practices of both philosophers. Crowell discusses Husserl's analyses of first-person (...) authority, the semantics of conscious experience, the structure of perceptual content, and the embodied subject, and shows how Heidegger's interpretation of the self addresses problems in Husserl's approach to the normative structure of meaning. His volume will be valuable for upper-level students and scholars interested in phenomenological approaches to philosophical questions in both the European and the analytic traditions. (shrink)

Rockefeller (religion and philosophy, Middlebury College) combines biography and intellectual history in an introduction to the philosophy of Dewey (1859-1952) which emphasizes the evolution of the religious faith and moral vision at the heart of his thought. Annotation copyright Book News, Inc. Po.

Certain questions have recurred throughout the history of philosophy. They are the big questions-about happiness and the good life, the limits of knowledge, the ultimate structure of reality, the nature of consciousness, the relation between causality and free will, the pervasiveness of suffering, and the conditions for a just and flourishing society-that thinkers in different cultures across the ages have formulated in their own terms in an attempt to make sense of their lives and the world around them. The essays (...) in this book turn to the major figures and texts of the Buddhist tradition in order to expand and enrich our thinking on these enduring questions. Examining them from a comparative and cross-cultural perspective demonstrates the value of alternative ways of addressing philosophical problems, showing how different approaches can produce new and unexpected kinds of questions and answers. Engaging with the Buddhist tradition, this book shows, helps return philosophy to its practical as well as theoretical aim: not only understanding the world but also knowing how to live in it. Featuring striking and generative comparisons of Buddhist and Western thought, Philosophy's Big Questions challenges our thinking in fundamental ways and offers readers new conceptual tools, methods, and insights for the pursuit of a good and happy life. (shrink)

Design for Values (DfV) philosophies are a series of design approaches that aim to incorporate human values into the early phases of technological design to direct innovation into beneficial outcomes. The difficulty and necessity of directing advantageous futures for transformative technologies through the application and adoption of value-based design approaches are apparent. However, questions of whose values to design are of critical importance. DfV philosophies typically aim to enrol the stakeholders who may be affected by the emergence of such a (...) technology. However, regardless of which design approach is adopted, all enrolled stakeholders are human ones who propose human values. Contemporary scholarship on metahumanisms, particularly those on posthumanism, have decentred the human from its traditionally privileged position among other forms of life. Arguments that the humanist position is not (and has never been) tenable are persuasive. As such, scholarship has begun to provide a more encompassing ontology for the investigation of nonhuman values. Given the potentially transformative nature of future technologies as relates to the earth and its many assemblages, it is clear that the value investigations of these design approaches fail to account for all relevant stakeholders (i.e., nonhuman animals). This paper has two primary objectives: (1) to argue for the cogency of a posthuman ethics in the design of technologies; and (2) to describe how existing DfV approaches can begin to envision principled and methodological ways of incorporating non-human values into design. To do this, the paper provides a rudimentary outline of what constitutes DfV approaches. It then takes up a unique design approach called Value Sensitive Design (VSD) as an illustrative example. Out of all the other DfV frameworks, VSD most clearly illustrates a principled approach to the integration of values in design. (shrink)

In Hegel's Critique of Liberalism , Steven B. Smith examines Hegel's critique of rights-based liberalism and its relevance to contemporary political concerns. Smith argues that Hegel reformulated classic liberalism, preserving what was of value while rendering it more attentive to the dynamics of human history and the developmental structure of the moral personality. Hegel's goal, Smith suggests, was to find a way of incorporating both the ancient emphasis on the dignity and even architectonic character of political life with the (...) modern concern for freedom, rights, and mutual recognition. Smith's insightful analysis reveals Hegel's relevance not only to contemporary political philosophers concerned with normative issues of liberal theory but also to political scientists who have urged a revival of the state as a central concept of political inquiry. (shrink)

Introduction: a day at the shelter -- How can I volunteer at an animal shelter? -- How can I volunteer at a wildlife center? -- How can I volunteer as a citizen scientist? -- How can I Volunteer at a zoo?

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of (...) power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

Emerging technologies such as cloud computing, augmented and virtual reality, artificial intelligence and robotics, among others, are transforming the field of manufacturing and industry as a whole in unprecedent ways. This fourth industrial revolution is consequentially changing how operators that have been crucial to industry success go about their practices in industrial environments. This short paper briefly introduces the notion of the Operator 4.0 as well as how this novel way of conceptualizing the human operator necessarily implicates human values in (...) the technologies that constitute it. Similarly, the design methodology known as value sensitive design (VSD) is drawn upon to discuss how these Operator 4.0 technologies can be design for human values and, conversely, how a potential value-sensitive Operator 4.0 can be used to strengthen the VSD methodology in developing novel technologies. (shrink)