How can tort law be justified? There are well-known difficulties with the three traditional theories of tort law dominating the literature (namely, economic theory, corrective justice theory, and civil recourse theory). Recently, some have turned to moral contractualism in search of tort law’s foundation. One of the most prominent attempts was made by Gregory Keating. Keating’s account, however, has been subjected to powerful objections. In a recent paper, John Oberdiek, through a sympathetic critique of Keating’s account, develops a new version (...) of contractualist tort theory that is alleged to be at once superior to the three traditional theories of tort law and immune to the objections to Keating’s account. The aim of my paper is to critically assess Oberdiek’s account; I will argue that, while Oberdiek’s account does improve upon Keating’s in some important respects, it is ultimately unsatisfactory. (shrink)

Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this paper (...) I will challenge that claim. I will argue that the courts can be seen as acting, not on behalf of the whole polity, but only on behalf of a subset of its citizens, namely, the just citizens (i.e. the citizens who cannot be seen to have wronged the deprived offenders). (shrink)

Andrew von Hirsch and Andrew Ashworth recently argued that there is generally a reason to punish a socially deprived offender less than his non-deprived counterpart (ie someone who is not socially deprived but is otherwise similar to the deprived offender in that he committed the same crime, caused the same harm, with the same degree of foresight, etc), because deprived offenders generally face stronger temptations to offend than their non-deprived counterparts. In reply, I will argue that we should draw a (...) distinction between (i) facing stronger temptations to offend when one offended and (ii) acting on stronger temptations in offending. The distinction is analogous to Antony Duff’s distinction between having a reason for an action and acting on/for that reason. After drawing the distinction, I will argue that while acting on stronger temptations in offending should be a mitigating factor, facing stronger temptations to offend per se should not be a mitigating factor. Moreover, I will argue that since it is not true that deprived offenders generally act on stronger temptations in offending, social deprivation cannot be defended as a general mitigating plea on the basis that deprived offenders generally act on stronger temptations in offending. (shrink)

In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to (...) establish the following claims: punishment is the only symbolically adequate response to a wrongdoing; and punishment is permissible if it is the only symbolically adequate response to a wrongdoing. (shrink)

The benefit-fairness theory of punishment, which is one of the most prominent retributive justifications of punishment, appeals to some benefits received by an offender in explaining why it is fair to impose punitive burdens on him. However, many see the two traditional versions of the theory, found in the works by writers such as Herbert Morris, Jeffrie Murphy, and George Sher, as being susceptible to fatal objections. In a recent paper, “Fairness, Political Obligation, and Punishment,” Zachary Hoskins offers a new (...) version of the benefit-fairness theory of punishment. I will highlight his original contribution by showing how his version of the benefit-fairness theory of punishment is different from the traditional versions in such a way that the main objections applying to the traditional versions do not apply to his account. Nonetheless, despite its many virtues, I will argue that Hoskins’s theory fails because it would entail disproportionate punishment. (shrink)

This article examines whether bad upbringing affects just or deserved punishment. There are two possible rationales for this claim. First,...

Two kinds of claims of responsibility arise in regard to health and medical care. Claims of one kind are obligation-limiting claims about individuals’ responsibility for coming to need health care. It may be argued, for example, that individuals have no claim to state-sponsored care for injuries they suffer as a result of risky activities such as mountain climbing, sky diving, or smoking. The claim is that because these individuals are responsible for what has happened to them, others are not obligated (...) to pay for their care. In a different context, it is claimed that because patients are, or should be, responsible for the kind of treatment they receive. They therefore need to be informed about the treatment options available to them so that they can decide which of these treatments, if any, they will undergo. The lecture provides an account of responsibility that explains claims of both of these kinds and explains how they are related. There follows a response to comments by Peter Chau, dealing in particular with “libertarian paternalism” and with the adequacy of my value of choice account of responsibility. (shrink)

This reissue of his collection of early essays, Logico-Linguistic Papers, is published with a brand new introduction by Professor Strawson but, apart from minor ...

By using multilevel mediation involving 322,589 posts made by 384 musicians over 104 weeks, we simultaneously analyze the short-term and long-term effects of charity-related signaling on sales, with social media engagement as the mediator. Specifically, we compare the effects of charity-related signals with those of two other types of signals: mission-related (i.e., promoting music and commercial products) and non-mission-related (i.e., other posts that do not relate to the other two categories). In the short term, the indirect effect of using charity (...) signaling on sales (through engagement) is positive, though smaller than the effects of mission-related and non-mission related signals. However, in the long term, the indirect effect of regularly using charity-related signaling on sales (through long-term engagement) is greater than for the effects involving the other types of signals. We derive from these findings three main implications for the business ethics literature. First, in the long term, the mutual economic benefits of charity signaling should encourage both entities (i.e., musicians and charities) to go beyond short-term, transactional philanthropy. Second, because it is profitable for musicians to partner with charities in the long-term, our research argues that charities have extensive bargaining power in such co-branding decisions. Third, our research highlights the importance of studying the longitudinal aspects of co-branding decisions involving non-profit organizations; the financial outlook of such decisions could greatly vary depending on the timeframe (i.e., short vs. long). (shrink)

A complete system of classical Aristotelian logic intended for honors high school and college.

Trust is a key component in delivering quality and respectful care within health care systems. However, a growing lack of confidence in health care, particularly among specific subgroups of the population in the United States, could further widen health disparities. In this essay, we explore one approach to building trust and reaching diverse communities to promote health: engaging community‐based organizations (CBOs) as trusted community messengers. We present case studies of partnerships in health promotion, community education, and outreach that showcase how (...) CBOs’ programs build and leverage trust in health care systems through their workforce, services, and engagement with the community. (shrink)

Ohne Rücksicht auf disziplinäre Schranken bringt dieses Buch verschiedene nicht-reduktionistische Lerntheorien miteinander ins Gespräch. In einem offenen Diskurs, der die Konzepte zueinander in Beziehung setzt, werden die unterschiedlichen Perspektiven kritisch abgewogen und hinsichtlich ihrer Stärken und Schwächen diskutiert.

Delo se loteva vprašanja aktualnosti pojma subjekta v filozofiji in politiki skozi analizo tistih avtorjev, ki so ga domnevno najbolj radikalno pokopali: pokaže, da vznik radikalno novega in problematika subjekta zavzema osrednje mesto v Deleuzovi filozofiji, kakor tudi v Lyotardovi pozni misli posvečeni praznini, v Foucaultovi obravnavi biopolitike in biooblasti, v delu Negrija in Hardta o Imperiju, ter nazadnje v Badioujevi predelavi temeljnih filozofskih kategorij biti, resnice in subjekta, na osnovi katerih je dandanes znova možna renesansa filozofije. Ta ima po (...) Badiouju štiri razsežnosti, ki se v delu Vznik subjekta nenehno prepletajo: »V osnovi želja filozofije implicira razsežnost upora: ni filozofije brez nezadovoljstva mišljenja v njegovem soočenju s svetom, kakršen je. Pa vendar želja filozofije vključuje tudi logiko: to je, prepričanje v moč argumenta in uma.«. (shrink)

The relationship of part to whole is one of the most fundamental there is; this is the first and only full-length study of this concept. This book shows that mereology, the formal theory of part and whole, is essential to ontology. Peter Simons surveys and criticizes previous theories, especially the standard extensional view, and proposes a more adequate account which encompasses both temporal and modal considerations in detail. 'Parts could easily be the standard book on mereology for the next (...) twenty or thirty years.' Timothy Williamson, Grazer Philosophische Studien. (shrink)

Since their introduction in the early 2000s, the use of social networking websites has exploded. Many businesses are seeing increased revenue due to their social commerce strategy. Despite the popularity of social commerce websites, some consumers are still hesitate to use them. This study aims to evaluate the factors that influence the adoption of social commerce. A sample of 721 Chinese We Chat users took part in the research. The findings reveal that social capital mediates the positive effect of social (...) commerce adoption and perceived ease of use on techno-stress and online impulse purchasing. Likewise, information overloading mediates the positive effect of social commerce adoption and PERU on techno-stress and online impulse purchasing. The findings have implications for both practice and research in understanding social commerce adoption in emerging economies. (shrink)

No research thus far has attempted to examine ethical decision- making in corporate entrepreneurial organizations. Results of such study would provide management executives with insights on what action, if any, is essential for achieving business ethics and corporate entrepreneurship simultaneously. This paper argues, theoretically, that the work characteristics, organizational characteristics, and some individual characteristics in a corporate entrepreneurial organization are conducive to ethical decisions. These characteristics help mitigate the adverse impact of the turbulent environments on ethical decision- making behavior. Based (...) on these arguments, a tentative model of ethical decison-making in corporate entrepreneurial organization is constructed. (shrink)

Because of the importance of Confucian doctrines in shaping ethical business practices under Chinese leadership, revealing the roles of other Chinese ethical doctrines in modern Chinese leadership is informative. A thorough understanding of the ethical foundations of Chinese leadership is necessary for fruitful interaction with Chinese leaders, according to cultural fit theory. The present study illustrates the philosophical foundations of business management, based on dialogues with five eminent corporate executive officers (CEOs). It reveals that the CEOs practice a style of (...) Chinese leadership synthesizing Confucian, Daoist, Mohist, and Legalist doctrines. The Confucian doctrines advocate benevolence, harmony, learning, loyalty, righteousness, and humility. They are the most prevalent tenets that support paternalism and collectivism. The Daoist doctrines emphasize flexibility and reversion (e.g., the principle that the weak can defeat the strong). They bolster the leader’s forbearance. The Mohist doctrines underpin thrift and working with the masses whereas the Legalist doctrines inculcate self-control and innovativeness. Hence, contemporary Chinese leadership does not rely exclusively on Confucian ethics and this reflects evolution over 1000s of years. (shrink)

Because of the importance of Confucian doctrines in shaping ethical business practices under Chinese leadership, revealing the roles of other Chinese ethical doctrines in modern Chinese leadership is informative. A thorough understanding of the ethical foundations of Chinese leadership is necessary for fruitful interaction with Chinese leaders, according to cultural fit theory. The present study illustrates the philosophical foundations of business management, based on dialogues with five eminent corporate executive officers. It reveals that the CEOs practice a style of Chinese (...) leadership synthesizing Confucian, Daoist, Mohist, and Legalist doctrines. The Confucian doctrines advocate benevolence, harmony, learning, loyalty, righteousness, and humility. They are the most prevalent tenets that support paternalism and collectivism. The Daoist doctrines emphasize flexibility and reversion. They bolster the leader's forbearance. The Mohist doctrines underpin thrift and working with the masses whereas the Legalist doctrines inculcate self-control and innovativeness. Hence, contemporary Chinese leadership does not rely exclusively on Confucian ethics and this reflects evolution over 1000s of years. (shrink)

This book examines the relationship between law and scientific advancement, with a particular focus on the theory of evolution and medical innovation. Historically, the law has struggled to keep pace with modern medical advances. The authors demonstrate that the laws that govern human behaviour must evolve in response to such advances."--Provided by publisher.

The value-free ideal for science prohibits noncognitive values from influencing the practice of science. After all, a scientist should not reject an empirical theory on religious grounds. But while motivated by reasonable concerns, VFI overlooks legitimate roles for noncognitive values in science. Contra VFI, Hugh Lacey explains that noncognitive values can promote scientific aims by grounding new methodologies that may lead to novel theories and extend to new domains. Yet, Lacey agrees with one aspect of VFI: noncognitive values should not (...) serve as grounds in the empirical evaluation of theories. This has led some critics to misidentify his view merely as an updated version of VFI. I argue that views of the kind Lacey endorses, which I call Dialectical Empiricism, deserve further investigation. They capture what VFI gets right; but they also show that noncognitive values are essential to good science. Throughout the dissertation I explore variants of DE, demonstrating its potential and flexibility. Furthermore, I defend DE against its critics, especially those who mistake it for a version of VFI. In stark opposition to VFI, DE reveals how the illusion of value-freedom sometimes blinds us to promising alternatives to mainstream scientific approaches. I demonstrate this by applying the framework of DE to contemporary research in agricultural and nutritional science. These case studies show that noncognitive values really do influence scientific practices. And, most importantly, they demonstrate how embracing a value-laden view of science can open our eyes to promising alternative approaches that may have the potential to increase our knowledge of the world and of possibilities for human flourishing. (shrink)

Pride expressions draw attention to one’s achievement, and therefore can enhance one’s status. However, such attention has been linked to negative interpersonal consequences (i.e. envy). Fortunately, people have been found to regulate their pride expressions accordingly. Specifically, pride expressions are lower when the domain of the achievement is of high relevance to observers. We set out to replicate this effect in a non-Western sample. Additionally, we extended the current finding by investigating the moderating role of self-monitoring, an individual’s ability and (...) willingness to adjust their behaviours under different social contexts to cultivate status. This allows us to explore the previously assumed underlying status motive in regulating pride expressions. Data from two preregistered studies (N1 = 913; N2 = 1081) replicated the effect that pride expressions are inhibited when the achievement domain is relevant. A significant main effect of self-monitoring was found, such that high self-monitors express more pride than low self-monitors, consistent with the conceptualisation of self-monitoring as rooted within a status-enhancement motive. The assumed interaction effect between domain relevance and self-monitoring was not significant. Our findings suggest that the effect of domain relevance on pride expression is robust and status driven. (shrink)

In this short but meaty book, Peter Unger questions the objective answers that have been given to central problems in philosophy. As Unger hypothesizes, many of these problems are unanswerable, including the problems of knowledge and scepticism, the problems of free will, and problems of causation and explanation. In each case, he argues, we arrive at one answer only relative to an assumption about the meaning of key terms, terms like "know" and like "cause," even while we arrive at (...) an opposite answer relative to quite different assumptions, but equally arbitrary assumptions, about what the key terms mean. (shrink)

Narrative thinking -- Narrative thinking about one's past -- Grief : a case study -- Narrative thinking about one's future -- Self-forgiveness : a case study -- The narrative sense of self -- Narrative, truth, life, and fiction.

This essay examines the theological method employed by Newman in An Essay on the Development of Christian Doctrine by considering its objective content and subjective methodology. The objective content concerns the principles of authentic development of doctrine that culminated in his identification of Roman Catholicism as the true Apostolic Church. The subjective methodology consists of his heuristic application of the notes that guided him to the attainment of certitude. Newman’s Essay on Development thus resulted in his conviction in the overpowering (...) vision of truth in the Roman claim in which ecclesial faith is experienced as simultaneously wholly objective and wholly personal. (shrink)

This essay examines the theological method employed by Newman in An Essay on the Development of Christian Doctrine by considering its objective content and subjective methodology. The objective content concerns the principles of authentic development of doctrine that culminated in his identification of Roman Catholicism as the true Apostolic Church. The subjective methodology consists of his heuristic application of the notes that guided him to the attainment of certitude. Newman’s Essay on Development thus resulted in his conviction in the overpowering (...) vision of truth in the Roman claim in which ecclesial faith is experienced as simultaneously wholly objective and wholly personal. (shrink)

This article engages the conversation between Sarah Coakley, Daphne Hampson, and Aristotle Papanikolaou on the appropriateness of kenosis as a theological trope for women and deeply oppressed and vulnerable others. It affirms Coakley's and Papanikolaou's stance, which maintains that kenosis is a necessary or at least distinctively valuable category in Christian theology for understanding the transformation and redemption of all persons. The paper expands on Papanikolaou's analysis of the kenosis involved in the healing and recovery of personhood, arguing that the (...) “emptying of fear” reaches the fullness of self‐giving love in the scandalous act of forgiveness. (shrink)

While Hermann Levin Goldschmidt didn’t read Yiddish anarchists, there seems to have been a convergent evolution in their thinking. Goldschmidt’s looking up to Jewish lore as a source of liberating creativity is commonly encountered in Yiddish anarchist texts. His view of action as a constant response to internal and external challenges in the struggle for an open future is developed by Isaac Nachman Steinberg on the basis of nineteenth-century vitalism. Goldschmidt’s theory of anarchist individualism as willed self-limiting solidarity has a (...) compelling parallel in Hillel Solotaroff’s view of history. His use of impressionism and photography to eternalize the immediacy of human actuality is akin to Rudolf Rocker’s championing of decadent literature. In both cases, the goal of anarchism is not a dictatorship of the former downtrodden, but a continuous and contradictory evolution of freedom in ever-changing contexts. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

Metz holds that we can use African communal ethics to constitute global economic practices such as appropriation, production, distribution and consumption in such a way that promotes harmonious relations. In this article, I will show that Metz’s reformist approach to constituting the global economic practices is problematic as it fails to deal with the fundamental problem that pertains to a racialised world order that is structurally configured by coloniality of being. I will show that reformist approaches such as Metz’s use (...) of African communal ethics to constitute global economic practices in a way that promotes harmonious relations are undesirable attempts that are opposed and curtailed by a structural racialised logic/ontology of the world that governs and supervises the evolution of the world economic structures and practices in a way which undermines harmonious relations and in a way which causes economic marginalisation and impoverishment of historically disadvantaged indigenous Africans. (shrink)

Philosophy of music has flourished in the last thirty years, with great advances made in the understanding of the nature of music and its aesthetics. Peter Kivy has been at the center of this flourishing, and now offers his personal introduction to philosophy of music, a clear and lively explanation of how he sees the most important and interesting philosophical issues relating to music. Anyone interested in music will find this a stimulating introduction to some fascinating questions and ideas.

Abstractabstract:Karl Marx’s acerbic observation in the opening lines of The Eighteenth Brumaire that “all facts and personages of great importance in world history occur the first time as tragedy, the second as farce” may be profitably applied to a reconsideration of literary farce sui generis, a genre represented in this article by a long-neglected work of utopian fiction, Archibald Marshall’s Upsidonia (1915). Although Upsidonia’s current disregard is arguably undeserved, the article’s chief interest is not to reclaim the novel on aesthetic (...) grounds but to illuminate the mechanics of what Marx would call its “serious buffoonery.” In its persistent reversal of capitalist principles and relations, Upsidonia naturally invites readers to revisit Marx, whose mordant gambit may serve as a key to Marshall’s own farcical plot and praxis, rooted in return and repetition, the essential maneuvers of farce itself. (shrink)

This introduction by leading scholar Peter Trawny is the first to tackle the Black Notebooks, whose recent publication revealed the extent of Heidegger's anti-Semitism. Trawny directly confronts the most problematic aspects of Heidegger's thought, also fully surveying his work, from early writings to his magnum opus, Being and Time.

In the early 1990s, the Commonwealth reformed its political structure to allow interference in domestic affairs of member states. This article examines whether such an institutional transformation has helped the organization to fulfil its purpose to work in the common interests of member countries and of their people. The article demonstrates that, while, as a consequence of post-Cold War globalization, concerns about the Commonwealth's political credibility and public perception have relaxed Commonwealth leaders' reluctance to accept legally binding norms of the (...) organization, strong resistance to Commonwealth interference in internal affairs exists among developing member states. It is argued that, because the new Commonwealth political structure lacks legitimacy and is contrary to the real interests of the majority of members, institutionalizing the Commonwealth has not contributed to the formation of a collective identity among Commonwealth members and to the resolution of the problem of inequality within and without the organization. (shrink)