This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...) modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

The results of a survey of business professionals verified a relationship between perceptions of corporate citizenship and organizational commitment. More important, the results demonstrated that the relationship between corporate citizenship and organizational commitment was stronger among employees who believe highly in the importance of the social responsibility of businesses. The results also indicated that the ethical measure of corporate citizenship was a stronger predictor of organization commitment than the economic, legal, and discretionary measures. Last, the results revealed that the discretionary (...) measure was more strongly associated with organizational commitment among female employees. (shrink)

Normativism holds that there is a close conceptual link between disease and disvalue. We challenge normativism by advancing an argument against a popular normativist theory, Jerome Wakefield’s harmful dysfunction account. Wakefield maintains that medical disorders are breakdowns in evolved mechanisms that cause significant harm to the organism. We argue that Wakefield’s account is not a promising way to distinguish between disease and health because being harmful is neither necessary nor sufficient for a dysfunction to be a disorder. Counterexamples to the (...) harmful dysfunction account are considered, such as mild infections, perceptual deficits, and beneficial illnesses. Then we consider two ways of amending the harmful dysfunction account to address these cases and argue that the proposed amendments raise even more serious problems for this account. These problems apply generally to any normativist theory and raise doubts about the entire normative approach to the philosophy of health and disease. (shrink)

Perhaps due to the numerous community and company benefits associated with corporate volunteer programs, an increasing number of national and international firms are adopting such programs. A major issue in organizing corporate volunteer programs concerns the strategies that are most effective for recruiting employee participation. The results of this study suggest that the most effective strategies for initiating participation in volunteer programs may not be the same as the strategies that are most effective in terms of maximizing the number of (...) volunteer hours contributed by employees. More importantly, the results suggest that the most effective recruitment strategies depend on the age of the employee. The results were discussed in terms of matching the recruitment strategies with the characteristics of the potential volunteers and the nature of the volunteer project. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

During a period of great religious upheaval Anglican philosopher and ecclesiastic Henry Longueville Mansel (1820-1871) became famous for his 1858 Bampton Lectures, which sought to defend traditional faith by employing a skeptical philosophy. Understanding Mansel and the passionate debate that surrounded his career provides insight into the current struggle for ancient religions to articulate their traditions in a modern world. In Scripture, Skepticism, and the Character of God Dane Neufeld explores the life and thought of the now forgotten nineteenth-century (...) theologian. Examining the ideological differences between this philosopher and his contemporaries, Neufeld makes a case for the coherence of Mansel's position and traces the vestiges of his thought through the generations that followed him. Mansel found himself at the centre of an explosive debate in the church, concerning the Christian scriptures and the moral character of the God they described. Though the rise of science is often credited with provoking a crisis of doubt in the nineteenth century, shifting ideas about humanity and God were just as central to the spiritual unrest of the era. Mansel's central argument, that the entire Bible must be read as a unified witness to the reality of God, provoked disagreement among theologians, churchmen, and free thinkers alike who were uncomfortable with certain aspects of the scriptural portrayal of God's activity and character. Mansel's attempt to reconcile theological skepticism with scripturalism was misunderstood. He was branded a hopeless fideist by the free thinkers and a dangerous skeptic by high, broad, and evangelical churchmen alike. Many of the controversies in contemporary Christianity concern the collision between modern morality and biblical renderings of God. Neufeld argues that Henry Mansel, while a deeply polarizing figure, brought clarity and precision to this debate by exposing what was at stake for Christian belief and biblical interpretation in the Victorian period. (shrink)

A common tactic in public debates over science and technology is to dismissively label innovations as mere technological fixes. This tactic can be readily observed in the long debate over agricultural biotechnology. While these criticisms are often superficial rhetorical tactics, they point to deeper philosophical disagreements about the role of technology in society. Examining the technological fix criticism can clarify these underlying philosophical disagreements and the debate over biotechnology. The first part of this essay discusses the origins of the notion (...) of a technological fix and distinguishes two types of technological fix criticisms, philosophical and practical. These distinctions are then applied to clarify and evaluate arguments for and against agricultural biotechnology. This analysis should clarify the debates over agricultural biotechnology and bring to light fundamental philosophical differences over the role of technology in agriculture. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

In Contingency, Irony, and Solidarity, Richard Rorty courageously takes a stand against the public dissemination of ironist philosophical theory, such as that produced by Nietzsche, because he sees it as being socially undermining and irreconcilable in theoretical terms with liberal democratic values. And yet, the intellectuals in his ideal society would, privately, share many of the same views from which Rorty would desire that the general public be protected. Thus Rorty would appear to trade tensions between the individual and the (...) state for tensions between the intellectual and the nonintellectual---a dubious improvement. By redescribing both the motives of the typical ironist theorist and his basic view of large-scale, sociopolitical structure I will try to reinstate the social value of ironist theory. Throughout the paper I will fomlulate perspectives and raise questions illustrative of such theory and aimed at trying to maintain as full and open a communication as possible between the individual, whether intellectual or not, and the sociopolitical structures within which he finds himself. (shrink)

In cases in which we must choose between either (i) preventing a woman from remaining unwillingly pregnant or (ii) preventing a fetus from being killed, we should prevent the fetus from being killed. But this suggests that in typical cases abortion is wrong: typical abortions involve preventing a woman from remaining unwillingly pregnant over preventing a fetus from being killed. So abortion is typically wrong—and this holds whether or not fetuses are persons.

In my article "Even if the fetus is not a person, abortion is immoral: The impairment argument" (this journal), I defended what I called “The impairment argument” which purports to show that abortion is immoral. Bruce Blackshaw (2019) has argued that my argument fails on three accounts. In this article, I respond to his criticisms.

This article is a response to Stephen Law's article ‘The evil-god challenge’. In his article, Law argues that if belief in evil-god is unreasonable, then belief in good-god is unreasonable; that the antecedent is true; and hence so is the consequent. In this article, I show that Law's affirmation of the antecedent is predicated on the problem of good (i.e. the problem of whether an all-evil, all-powerful, and all-knowing God would allow there to be as much good in the world (...) as there is), and argue that the problem of good fails. Thus, the antecedent is unmotivated, which renders the consequent unmotivated. Law's challenge for good-god theists is to show that good-god theism is not rendered unreasonable by the problem of evil in the same way that evil-god theism is rendered unreasonable by the problem of good. Insofar as the problem of good does not render belief in evil-god unreasonable, Law's challenge has been answered: since it is not unreasonable to believe in evil-god (at least for the reasons that Law gives) it is not unreasonable to believe in good-god. Finally, I show that – my criticism aside – the evil-god challenge turns out to be more complicated and controversial than it initially appears, for it relies on the (previously unacknowledged) contentious assumption that sceptical theism is false. (shrink)

Skeptical theism is a popular response to arguments from evil. Many hold that it undermines a key inference often used by such arguments. However, the case for skeptical theism is often kept at an intuitive level: no one has offered an explicit argument for the truth of skeptical theism. In this article, I aim to remedy this situation: I construct an explicit, rigorous argument for the truth of skeptical theism.

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

This anthology of essays on the work of David Kaplan, a leading contemporary philosopher of language, sprang from a conference, "Themes from Kaplan," organized by the Center for the Study of Language and Information at Stanford University.

I provide an updated version of The Impairment Argument against abortion and respond to numerous objections that can be (and have been) raised to it.

Critics of skeptical theism often claim that if it (skeptical theism) is true, then we are in the dark about whether (or for all we know) there is a morally justifying for God to radically deceive us. From here, it is argued that radical skepticism follows: if we are truly in the dark about whether there is a morally justifying reason for God to radically deceive us, then we cannot know anything. In this article, I show that skeptical theism does (...) not entail that we are in the dark about whether (or for all we know) there is a morally justifying reason for God to deceive us. And hence arguments against skeptical theism that make use of this assumption fail. (shrink)

Arguments from evil purport to show that some fact about evil makes it (at least) probable that God does not exist. Skeptical theism is held to undermine many versions of the argument from evil: it is thought to undermine a crucial inference that such arguments often rely on. Skeptical objections to skeptical theism claim that it (skeptical theism) entails an excessive amount of skepticism, and therefore should be rejected. In this article, I show that skeptical objections to skeptical theism have (...) a very limited scope: only those who reject certain (apparently) popular epistemological theories will be threatened by them. (shrink)

The texts in this volume offer critical assessments of a number of leading figures in contemporary intellectual life, who are in different ways thinkers at the intersection of history and politics. They include Roberto Unger, advocate of plasticity; the historians of antiquity and of revolution, Geoffrey de Ste. Croix and Isaac Deutscher; the philosophers of liberalism, Norberto Bobbio and Isaiah Berlin; the sociologists of power, Michael Mann and W.G. Runciman; the exponents of national identity, Andreas Hillgruber and Fernand Braudel; the (...) ironists of science, Max Weber and Ernest Gellner; Carlo Ginzburg, explorer of cultural continuity, and Marshall Berman, herald of modernity. A concluding chapter looks at the idea of the end of history, recently advanced by Francis Fukuyama, in its successive versions from the nineteenth century to the present, and considers the situation of socialism today in the light of it. (shrink)

Ethics, Policy & Environment, Volume 15, Issue 2, Page 133-135, June 2012.

The present study examined how ethical beliefs and external factors affecting ethical beliefs are related to age and gender of business professionals. The results indicated that business professionals in the younger age group exhibited a lower standard of ethical beliefs. In the younger age groups, the females demonstrated a higher level of ethical beliefs, while in the older age group, the results suggested that the males had a slightly higher level of ethical beliefs. With regards to the influence of external (...) factors on ethical beliefs, the results yielded a significant interaction between age and gender. The younger age groups, males in particular, were more susceptible to external factors. People at home had the most influence on beliefs about ethics, while the individual''s supervisor had the least impact. The results were discussed in terms of theories of moral development. (shrink)

Journalists’ and publics’ relationship with truth-telling is so messy because the term “truth” holds multitudes of competing senses that are rarely acknowledged in journalism discourse. People approach contested subjects from many, sometimes incommensurate, senses of truth. When journalists fail to identify the competing senses embedded in varying truth claims, they reproduce confusion as to the validity and verifiability of such claims and contribute to a rolling epistemic crisis in the public sphere. This essay explores six senses of truth – logical, (...) empirical, affective, ideological, authoritarian, and narrative – and discusses their interaction and problematic conflation. (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

One common method of criticizing genetically modified organisms (GMOs) is to label them as “magic bullets.” However, this criticism, like many in the debate over GMOs, is not very clear. What exactly is the “magic bullet criticism”? What are its origins? What flaw is it pointing out in GM crops and agricultural biotechnology? What is the scope of the criticism? Does it apply to all GMOs, or just some? Does it point to a fatal flaw, or something that can be (...) fixed? The goal of this paper is to answer these questions and clarify the magic bullet criticism of agricultural biotechnology. It is hoped that the results of this exercise will be helpful in advancing deliberation over the role GMOs and agricultural biotechnology should play in 21st century agriculture. (shrink)

Epictetus was born a slave. His master, Epaphroditus, allowed him to attend the lectures of the Stoic philosopher Musonius Rufus and later gave him his freedom. From numerous references in his Discourses it is clear that Epictetus valued freedom as a precious possession. He would have been on the side of the many people living now who, while not actually enslaved, are denied true freedom by the harsh circumstances of their lives. Epictetus's teachings about freedom and human dignity have echoed (...) through the millennia-in the writings of Spinoza, Thomas Paine and Martin Luther King, Jr., to name a few. He was much concerned with human behavior. His advice to not worry about what is not in our control is pointedly relevant to our busy modern society-which is often fraught with anxiety. Some people might argue that what Epictetus taught is not serious philosophy, more like self-help. But the range of topics addressed by the essays in this book clearly indicates that the teachings of Epictetus provide strong incentive to present day philosophical thinking. "Epictetus: His Continuing Influence and Contemporary Relevance" is the title of a conference on Epictetus held at Rochester Institute of Technology in April 2012, when many of the ideas in these essays were first presented. (shrink)

Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I conclude that (...) there is no right to the death of the fetus—or, if there is one, Räsänen has not shown it. (shrink)

Inspired by a 1988 trip to El Salvador, Michael J. Perry's new book is a personal and scholarly exploration of the idea of human rights. Perry is one of our nation's leading authorities on the relation of morality, including religious morality, to politics and law. He seeks, in this book, to disentangle the complex idea of human rights by way of four probing and interrelated essays. * The initial essay, which is animated by Perry's skepticism about the (...) capacity of any secular morality to offer a coherent account of the idea of human rights, suggests that the first part of the idea of human rights--the premise that every human being is "sacred" or "inviolable"--is inescapably religious. * Responding to recent criticism of "rights talk", Perry explicates, in his second essay, the meaning and value of talk about human rights. * In his third essay, Perry asks a fundamental question about human rights: Are they universal? In addressing this question, he disaggregates and criticizes several different varieties of "moral relativism" and then considers the implications of these different relativist positions for claims about human rights. * Perry turns to another fundamental question about human rights in his final essay: Are they absolute? He concludes that even if no human rights, understood as moral rights, are absolute or unconditional, some human rights, understood as international legal rights, are--and indeed, should be--absolute. In the introduction, Perry writes: "Of all the influential--indeed, formative--moral ideas to take center stage in the twentieth century, like democracy and socialism, the idea of human rights is, for many, the most difficult. It is the most difficult in the sense that it is, for many, the hardest of the great moral ideas to integrate, the hardest to square, with the reigning intellectual assumptions of the age, especially what Bernard Williams has called 'Nietzsche's thought': 'There is not only no God, but no metaphysical order of any kind....' For those who accept 'Nietzsche's thought', can the idea of human rights possibly be more than a kind of aesthetic preference? In a culture in which it was widely believed that there is no God or metaphysical order of any kind, on what basis, if any, could the idea of human rights long survive?" The Idea of Human Rights: Four Inquiries will appeal to students of many disciplines, including law, philosophy, religion, and politics. (shrink)

Is evil evidence against the existence of God? Does divine hiddenness provide an evidential problem for theism? Is our evolutionary history evidence that God doesn’t exist? Skeptical theism is the view that humans are cognitively limited in important ways that prevent us from providing affirmative answers to these evidential questions. In this book—the first monograph published on skeptical theism—Perry Hendricks gives careful, novel, and compelling arguments in favor of skeptical theism and provides a comprehensive defense of it, addressing all (...) major objections to skeptical theism on offer. The implications of skeptical theism are teased out: it undermines the most prominent arguments for atheism on offer, which significantly lowers the epistemic status of atheism. (shrink)

Trent Dougherty has argued that commonsense epistemology and skeptical theism are incompatible. In this paper, I explicate Dougherty’s argument, and show that (at least) one popular form of skeptical theism is compatible with commonsense epistemology.

This volume tackles the slippery subject of 'meaning'.

According to Victoria McGeer’s “scaffolding view” (SV) (McGeer 2019), responsibility is a matter of moral reasons-sensitivity (MRS) which, in turn, requires only a “susceptibility to the scaffolding power of the reactive attitudes, experienced as a form of moral address” (2019: 315). This claim prompts a prima facie challenge: doesn’t this susceptibility lead to doing the right things for the wrong reasons? Although the SV offers a nuanced and sophisticated answer to this challenge, one that moreover respects the social nature of (...) moral knowledge and the fragility of moral motivation, it does not succeed. It redefines MRS to fit our responsibility practices in a way that overlooks our (fragile) capacity for “genuine MRS.” The first and primary objective of this paper is to contrast SV-MRS with genuine MRS. The second objective is to suggest that rather than redefining MRS (which is both unwarranted and costly), we should accept that there is a gap between our practices (and thus responsible agency) and genuine MRS. (shrink)

This book addresses issues of philosophy and religion from a non Western as well as a Western perspective.

This book engages in critical discussion of the role of reason and rationality in philosophy, the human mind, ethics, science, and the social sciences. Philosophers from Poland, Germany, and the United States examine reason in the light of emotion, doubt, absolutes, implementation, and interpretation. They throw new light on old values.

Since the fall of communism in 1989 Southeast Europe has been a site of far-reaching societal transformation, much of it marked by political crisis, economic upheaval, ethnic tension, and bitter war. The book comprises articles investigating the history and development of civil society in post-communist Southeast Europe. How is civil society to be grasped, what are the historical factors shaping the civil societies of the region?, what is the function of civil society in the transition to democracy and a market-economy?, (...) and what are the prospects for the future development of the civil societies of the region in an age of globalization?, –these are just a few of the major questions addressed in this collection of articles. Many of the authors are social scientists, philosophers, and activists from the region, offering first-hand critical analysis of the state of civil society in Southeast Europe and suggesting theoretical and practical strategies for the future course of its development. The aim is to provide the reader with insight into the complex challenges that face the civil societies of the region. (shrink)