Parents resemble trustees, conservators, and other fiduciaries; they exercise broad discretion while making choices for vulnerable people. Like other fiduciaries, parents can be tempted to neglect their duties or pursue self-interest at the expense of those they should protect. This article argues against treating parents as fiduciaries for three reasons. First, the scope of parental fiduciary duties cannot be narrowed enough to make them tolerable. Arguments limiting fiduciary duties to cases where parents exercise delegated powers or act within parenting roles (...) fail. Most parental decisions involve dual powers or roles. Efforts to address these dual-role cases produce principles that are unduly demanding, complex, arbitrary, and morally unappealing. Second, we could limit parental fiduciary duties by designing parental roles to benefit children. Since children need devoted, happy, well-rounded parents, the principle of designing parental roles to benefit children would produce rules that leave room for parents to flourish. However, this principle does not justify specific legal or moral fiduciary norms. Third, we could redefine fiduciary duties so parents can balance their interests against children’s interests, making fiduciary duties less burdensome. However, expanding the definition of fiduciary threatens to encompass many duties within the fiduciary category, rendering the description almost meaningless. (shrink)

This discussion responds to two recent articles defending a child-centered view of parenting. Anca Gheaus and James Dwyer argue that children should be reared by the best available parent, who, in turn, should make choices based only on children’s welfare. They claim that love and respect require this fiduciary stance. However, love and respect do not justify child-centered norms. If children were competent, they would embrace norms that accommodate parental interests because they benefit from nonfiduciary rules, are grateful to their (...) parents, and reject discrimination produced by child-centered principles. Furthermore, child-centered accounts imply unreasonably broad obligations to children. (shrink)

This paper reinterprets a child’s right to an open future as justified by authenticity rather than autonomy. It argues that authenticity can be recognized as valuable by people whose conceptions of the good do not value autonomy. As a running example, the paper considers ultra-Orthodox Jews who lead separatist lives and who deny their sons secular education beyond an elementary school level. If their adult sons want to have careers and participate in life outside the religious enclave, they cannot easily (...) do so. The parents see no reason to protect their child’s autonomy or to prepare their child for a life that conflicts with their values. This paper provides one response to their concerns. Following a political-liberal project of seeking overlapping consensus, it tries to base demands that children be prepared for varied futures on values that reasonable religious people can embrace. (shrink)

Journal of Applied Philosophy, EarlyView.

Theories of threats and offers can blind us to some wrongs even as they illuminate others. Spouses sometimes negotiate divorce settlements by proposing to litigate custody unless given financial concessions. Supported by theories that rely exclusively on rights, courts often uphold these settlements saying things like "[s]imply insisting upon ... what one believes to be his legal rights is not coercive." I suggest a means of distinguishing (divorcing) threats from offers that explains why it is sometimes coercive to insist on (...) one's rights in negotiations. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral (...) right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)

This article offers a timely, critical analysis of the male gaze upon sportswomen in male Chinese fans’ consumption of sporting megaevents. We use the most popular Chinese-language sports fandom platform, Hupu, as the data repository and scrutinise the threads of male Hupu users’ postings about two elite sportswomen at the Tokyo 2020 Olympics as the case studies. Drawing on feminist critical discourse analysis (FCDA), we elucidate the discursive strategies that male Chinese fans adopt to sexualise sportswomen and trivialise their accomplishments. (...) The research findings showcase how China’s sports fandom has evolved as a masculine terrain, where men’s visions of asymmetrical gender power relations are discursively negotiated and rationalised. (shrink)

From very early on, Western philosophers have been obsessed with the understanding of a relatively few works of philosophy which have played a disproportionately large and fundamental role in developing the Western philosophical canon, dominating the curriculum in the past and in the present; there is no indication that they will not do so in the future.Uses and Abuses of the Classics examines the various ways in which the different periods of the history of philosophy have approached these texts. The (...) editors have chosen for analysis some of the major philosophers from periods of the history of philosophy in which the interpretation of the classics has been particularly significant.Contributions to this book include entries on: Aristotle's reading of Plato; Averroes on Aristotle; Nietzsche on the Beginnings of Western Philosophy; and Thomas Aquinas's Commentary on Aristotle's Metaphysics. (shrink)

The year Leo Strauss published "Persecution and the Art of Writing" (1941), he prepared a lecture ("German Nihilism") that he never published. An analysis of this lecture shows that Strauss hadn't fully mastered the art of writing he'd discovered in others: his secrets are too exposed. In the context of "German Nihilism," it becomes clear that "Persecution and the Art of Writing" is about liberal persecution of authoritarianism, no the reverse, as liberals would assume. In response to recent apologias presenting (...) Strauss as a liberal who didn't "write between the lines," a Strauss-style reading of "German Nihilism" disproves both claims. (shrink)

During the coronavirus pandemic, communities have faced shortages of important healthcare resources such as COVID-19 vaccines, medical staff, ICU beds and ventilators. Public health officials in the U.S. have had to make decisions about two major issues: which infected patients should be treated first (triage), and which people who are at risk of infection should be inoculated first (vaccine distribution). Following Beauchamp and Childress’s principlism, adopted guidelines have tended to value both whole lives (survival to discharge) and life-years (survival for (...) years past discharge). This process of collective moral reasoning has revealed our common commitment to both Kantian and utilitarian principles. For Kant, respecting people’s rights entails that we ought to value whole lives equally. Therefore we ought to allocate resources so as to maximise the number of patients who survive to discharge. By contrast, the principle of utility has us maximise life-years so that people can satisfy more of their considered preferences. Although people are treated impartially in the utilitarian calculus, it does not recognise their equal worth. Subjecting Kantian ethics and utilitarianism to the process of reflective equilibrium lends support to the idea that we need a pluralistic approach that would accommodate our moral intuitions regarding both the equal value of whole lives and the additive value of life-years. (shrink)

Science and the originality of life -- Christian facticity -- Grasping life as a topic -- Ruinance -- The retrieval of history -- Facticity and ontology -- Factical speaking -- Rhetoric -- Sophistry.

This volume centers on the exploration of the ways in which the canonical texts and thinkers of the phenomenological and existential tradition can be utilized to address contemporary, concrete philosophical issues. In particular, the included essays address the key facets of the work of Charles Guignon, and as such, honor and extend his thought and approach to philosophy. To this end, the four main sections of the volume deal with the question of authenticity, id est what it means to be (...) an authentic person, the ways in which the phenomenological and existential traditions can impact the sciences, how best to understand the fact of human mortality, and, finally, the ways philosophical reflection can help address current questions of value. The volume is designed primarily to serve as a secondary resource for students and specialists interested in rediscovering the practical application of existential and phenomenological thought. The collection of scholarly essays, then, could be used in conjunction with some of the more recent scholarship concerning the practical value of philosophy. Along with contributing to previous scholarship, the essays in this proposed volume attempt to update and expand the scope of phenomenological and existential inquiry. (shrink)

This ambitious, interdisciplinary book seeks to explain the origins of religion using our knowledge of the evolution of cognition. A cognitive anthropologist and psychologist, Scott Atran argues that religion is a by-product of human evolution just as the cognitive intervention, cultural selection, and historical survival of religion is an accommodation of certain existential and moral elements that have evolved in the human condition.

“Natural logic” was proposed by Lewis Henry Morgan as the engine of cultural evolution, concluding that the “course and manner” of cultural development “was predetermined, as well as restricted within narrow limits of divergence, by the natural logic of the human mind.” This essay argues that Morgan’s conception of natural logic aids the project of settler colonialism. Rather than being a false account of human agency, however, it is a conception of natural logic that is produced through the systematic narrowing (...) of possibilities for agency, human, and otherwise. This narrowed logic is thus only a part of a differently conceived logic of agency that is also general and normative. The discussion proceeds in four sections: first, a presentation of Morgan’s conception of natural logic and its origins; second, an analysis of four colonizing implications of Morgan’s view; third, examples of further developments of natural logic in the twentieth and twenty-first centuries in the work structuralist and post-structuralist theorists; and, last, a brief introduction of a decolonial logic that provides a broader alternative conception of the structure of agency, human, and otherwise, and that avoids the oppressive effects of the reductionism of the natural logic received from Morgan and his successors. (shrink)

Pragmatism, Experience, and the Given The doctrine of the Given is that subjects have direct non-inferential awareness of content of their experiences and apprehensions, and that some of a subject's beliefs are justified on the basis of that subject's awareness of her experiences and apprehensions. Pragmatist criticisms of the Given as a myth are shown here not only to be inadequate but to presuppose the Given. A model for a pragmatist account of the Given is then provided in terms of (...) refinements of Dewey's theory of experience. The doctrine of the Given is implicated in the functions of inquiry insofar as one must take it that experience is a source of justification. (shrink)

Many fans of Diogenes of Sinope laud his parrhesia, free speech used for critique. However, Diogenes abused not only the powerful but also the socially marginalized. We argue that interpreters of Diogenes cannot explain away the undeniably troublesome things that Diogenes said about those at the margins. But we also argue that Diogenes ought nonetheless to be preserved. Some of his chreiai can be reminders of how to be courageous and fight for the downtrodden, and others can serve as reminders (...) of how easily those aspirations can be forgotten. We offer a variety of ways to interpret Diogenes, especially since the figure of Diogenes is an historical composite from centuries of sources. But we arrive at a position of loving antagonism toward Diogenes, loving Cynic commitments to autarkeia and against wealth and power, and disapproving when Cynics fell short of their commitments and critical aspirations. (shrink)

Inspired by a debate between Noam Chomsky and Jean Piaget, this work traces the development of natural history from Aristotle to Darwin, and demonstrates how the science of plants and animals has emerged from the common conceptions of folkbiology.

There are challenges to the dominant research paradigm in breast cancer science. In the United States, science and social activism create paradigmatic shifts. Using interviews, ethnographic observations, and an extensive review of the literature, we create a three-dimensional model to situate changes in scientific controversy concerning environmental causes of breast cancer. We identify three paradigm challenges posed by activists and some scientists: to move debates about causation upstream to address causes; to shift emphasis from individual to modifiable societal-level factors beyond (...) an individual’s control; and to allow direct lay involvement in research, which may raise new questions and change how questions are approached, the methods used, and the standards of proof. We use our model to examine controversies about doing scientific research, interpreting scientific results, and acting on science. Ultimately, we aim to understand what impedes construction of new methodologies and knowledge about environmental factors in human disease. (shrink)

Universities in North America and Europe increasingly provide financial incentives to encourage collaboration between faculty in different disciplines, based on the premise that this yields more innovative and sophisticated research. Drawing from a wealth of empirical data, the contributors to Investigating Interdisciplinary Collaboration put that theory to the test. What they find reveals how interdisciplinarity is not living up to its potential, but also suggests how universities might foster more genuinely collaborative and productive research. Chapter 10 is available Open Access (...) here: https: //www.ncbi.nlm.nih.gov/books/NBK395883/. (shrink)

ABSTRACT:In 2010,Business Ethics Quarterlypublished ten articles that considered the potential contributions to business ethics research arising from recent scholarship in a variety of philosophical and social scientific fields (strategic management, political philosophy, restorative justice, international business, legal studies, ethical theory, ethical leadership studies, organization theory, marketing, and corporate governance and finance). Here we offer short responses to those articles by members ofBusiness Ethics Quarterly’s editorial board and editorial team.

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

In the last decade, the familiar problem of the regress of reasons has returned to prominent consideration in epistemology. And with the return of the problem, evaluation of the options available for its solution is begun anew. Reason’s regress problem, roughly put, is that if one has good reasons to believe something, one must have good reason to hold those reasons are good. And for those reasons, one must have further reasons to hold they are good, and so a regress (...) of reasons looms. In this new study, Aikin presents a full case for infinitism as a response to the problem of the regress of reasons. Infinitism is the view that one must have a non-terminating chain of reasons in order to be justified. The most defensible form of infinitism, he argues, is that of a mixed theory – that is, epistemic infinitism must be consistent with and integrate other solutions to the regress problem. (shrink)

1. This book is a fascinating look at how early cinema and moving images inspired and were inspired by other more static forms of visual culture, such as painting, photography, and tableaux vivants. The contributors to this volume demonstrate how cinema responded to and was positioned within broader artistic and cultural frameworks. 2. This book is another strong contribution to the Proceedings of Domitor series, of which we are now the sole publishers. 3. It will benefit from our well established (...) reputation in early cinema studies. (shrink)

_Kant and Applied Ethics_ makes an important contribution to Kant scholarship, illuminating the vital moral parameters of key ethical debates. Offers a critical analysis of Kant’s ethics, interrogating the theoretical bases of his theory and evaluating their strengths and weaknesses Examines the controversies surrounding the most important ethical discussions taking place today, including abortion, the death penalty, and same-sex marriage Joins innovative thinkers in contemporary Kantian scholarship, including Christine Korsgaard, Allen Wood, and Barbara Herman, in taking Kant’s philosophy in new (...) and interesting directions Clarifies Kant’s legacy for applied ethics, helping us to understand how these debates have been structured historically and providing us with the philosophical tools to address them. (shrink)

When examined critically, Kant's views on sex and marriage give us the tools to defend same-sex marriage on moral grounds. The sexual objectification of one's partner can only be overcome when two people take responsibility for one another's overall well-being, and this commitment is enforced through legal coercion. Kant's views on the unnaturalness of homosexuality do not stand up to scrutiny, and he cannot (as he often tries to) restrict the purpose of sex to procreation. Kant himself rules out marriage (...) only when the partners cannot give themselves to one another equally – that is, if there is inequality of exchange. Because same-sex marriage would be between equals and would allow homosexuals to express their desire in a morally appropriate way, it ought to be legalized. (shrink)

There is widespread agreement that there should be a principle requiring that artificial intelligence be ‘explicable’. Microsoft, Google, the World Economic Forum, the draft AI ethics guidelines for the EU commission, etc. all include a principle for AI that falls under the umbrella of ‘explicability’. Roughly, the principle states that “for AI to promote and not constrain human autonomy, our ‘decision about who should decide’ must be informed by knowledge of how AI would act instead of us” :689–707, 2018). There (...) is a strong intuition that if an algorithm decides, for example, whether to give someone a loan, then that algorithm should be explicable. I argue here, however, that such a principle is misdirected. The property of requiring explicability should attach to a particular action or decision rather than the entity making that decision. It is the context and the potential harm resulting from decisions that drive the moral need for explicability—not the process by which decisions are reached. Related to this is the fact that AI is used for many low-risk purposes for which it would be unnecessary to require that it be explicable. A principle requiring explicability would prevent us from reaping the benefits of AI used in these situations. Finally, the explanations given by explicable AI are only fruitful if we already know which considerations are acceptable for the decision at hand. If we already have these considerations, then there is no need to use contemporary AI algorithms because standard automation would be available. In other words, a principle of explicability for AI makes the use of AI redundant. (shrink)

This book analyses the straw man fallacy and its deployment in philosophical reasoning. While commonly invoked in both academic dialogue and public discourse, it has not until now received the attention it deserves as a rhetorical device. Scott Aikin and John Casey propose that straw manning essentially consists in expressing distorted representations of one's critical interlocutor. To this end, the straw man comprises three dialectical forms, and not only the one that is usually suggested: the straw man, the weak (...) man and the hollow man. Moreover, they demonstrate that straw manning is unique among fallacies as it has no particular logical form in itself, because it is an instance of inappropriate meta-argument, or argument about arguments. They discuss the importance of the onlooking audience to the successful deployment of the straw man, reasoning that the existence of an audience complicates the dialectical boundaries of argument. Providing a lively, provocative and thorough analysis of the straw man fallacy, this book will appeal to postgraduates and researchers alike, working in a range of fields including fallacies, rhetoric, argumentation theory and informal logic. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

Pornography is everywhere, and it raises a host of difficult questions. What counts as pornography, first of all? When does material cross the line from being erotic to being objectionable? Where does a person's entitlement to sexual freedom end and another person's right not to feel objectified begin? How should rights be weighed against consequences in deciding what laws and policies ought to be adopted? Philosophers Andrew Altman and Lori Watson explore these and other issues in this succinct and (...) readable for-and-against volume. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

The pedagogical technique of the playful Plato, especially his ability to create living discourses that directly address the student, is the subject of Plato the Teacher. “The crisis of the Republic” refers to the decisive moment in his central dialogue when philosopher-readers realize that Plato’s is challenging them to choose justice by going back down into the dangerous Cave of political life for the sake of the greater Good, as both Socrates and Cicero did.

Despite the growing number of studies on the topic of guanxi in a work context, there is a paucity of research on supervisor-subordinate guanxi in the field of organisation and management. This article critically reviews the extant literature on guanxi in human resource management and organisational behaviour and applies an inductive approach to explore the perception of guanxi from both superior and subordinate perspectives in the People's Republic of China. The study reports positive and ethical features of guanxi as well (...) as unethical and negative practices in the Chinese workplace. On the positive side, guanxi comprises reciprocal exchange and perceived positive attributes, whereas its darker aspects include perceived unfairness and supervisor-targeted impression management. Managerial and research implications are discussed. (shrink)

Most ethics guidelines for distributing scarce medical resources during the coronavirus pandemic seek to save the most lives and the most life‐years. A patient’s prognosis is determined using a SOFA or MSOFA score to measure likelihood of survival to discharge, as well as a consideration of relevant comorbidities and their effects on likelihood of survival up to one or five years. Although some guidelines use age as a tiebreaker when two patients’ prognoses are identical, others refuse to consider age for (...) fear of discriminating against the elderly. In this paper, I argue that age is directly relevant for maximizing health benefits, so current ethics guidelines are wrongly excluding or deemphasizing life‐stage in their triage algorithms. Research on COVID‐19 has shown that age is a risk factor in adverse outcomes, independent of comorbidities. And limiting a consideration of life‐years to only one or five years past discharge does not maximize health benefits. Therefore, based on their own stated values, triage algorithms for coronavirus patients ought to include life‐stage as a primary consideration, along with the SOFA score and comorbidities, rather than excluding it or using it merely as a tiebreaker. This is not discriminatory because patients ought to have equal opportunity to experience life‐stages. The equitable enforcement of that right justifies unequal treatment based on age in cases when there is a scarcity of life‐saving resources. A consideration of life‐stage would thus allow healthcare workers to responsibly steward public resources in order to maximize lives and life‐years saved. (shrink)

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)