The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the (...) United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. (shrink)

This book applied the insights of the Marxist tradition in social theory and politics to the law. It is written in straight-forward non-technical language which is easily accessible to those not acquainted with Marxism or the law.

This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements.

This Article explores the idea that the moral standards of relational or interpersonal justice can be used to lay the foundations for a theory of justice in work, rather than relying on principles of justice developed for society as a whole in philosophical theories of distributive justice. It is argued that a rich and distinctive scheme of interpersonal justice can be developed by using a method of internal critique and by focusing on two distinctive features of contracts of employment. Because (...) they are incomplete by design, like other relational contracts, contracts of employment depend for their success on a broad obligation of performance in good faith. Contracts of employment also usually function within organizations which provide the source of customary norms of associational justice that govern relations between members of the firm. These principles of associational justice include rewards based on desert, a strong egalitarian principle, protection from unjustified exclusion, and a right to have a voice in the affairs and the direction of the organization. (shrink)

This book provides an accessible introduction to jurisprudence and legal theory. It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern ones such as Feminist Theory, Economic Analysis of Law and Foucault and Law, The book is designed for students of jurisprudence and legal theory, but it will also assist those studying law and legal systems within courses (...) on Political Science, Philosophy and Sociology. (shrink)

Educational research suggests that the response biases of educators can negatively influence student performance and aptitude (Blanchett 2006; Bloom 2001; Darity et al. 2001; Gordon 2005; and Skiba et al. 2000). This article introduces ?good enough methods? for autoethnography as an alternative approach to this problem. Luttrell (2000, 13) conceptualizes ?good enough methods? researchers as those seeking to understand and appreciate difference and accept errors often made because of their blind spots and intense involvement. Evidence of this approach via autoethnography (...) is provided here from cases of graduate student-practitioners and their Intergroup/Intercultural Education professor. Moreover, the article highlights (a) a connection of autoethnography to research in Education, (b) five key decisions of a ?good enough methods? approach to autoethnography, and (c) how this approach can be applied to expose and address educator biases relating to ?the matrix? (Hill-Collins 1990) of race, class, and gender. (shrink)

“Yet another book on Tocqueville!” This was the opening line of Delba Winthrop’s review of Sheldon Wolin’s Tocqueville between Two Worlds: The Making of a Political and Theoretical Life in 2002. In...

This is an opinionated guide to the literature on epistemic dilemmas. It discusses seven kinds of situations where epistemic dilemmas appear to arise; dilemmic, dilemmish, and non-dilemmic takes on them; and objections to dilemmic views along with dilemmist’s replies to them.

Daniel Greco (forthcoming) argues that there cannot be epistemic dilemmas. I argue that he is wrong. I then look in detail at a would-be epistemic dilemma and argue that no non-dilemmic approach to it can be made to work. Along the way, there is discussion of octopuses, lobsters, and other ‘inscrutable cognizers’; the relationship between evaluative and prescriptive norms; a failed attempt to steal a Brueghel; epistemic and moral blame and residue; an unbearable guy who thinks he’s God’s gift to (...) women; excuses; stupid games involving hats; radical permissivism; how I’ll never be able to afford to buy a house in Hampstead; and many other exciting topics. (shrink)

As the principle of natural selection is generalized to explain (adaptive) patterns of human behavior, it becomes less clear what the selective environment empirically refers to. While the environment and individual are relatively separable in the non-human biological context, they are highly entangled in the context of moral, social, and institutional evolution. This chapter brings attention to the problem of generalizing the selective environment, and argues that it is ontologically disunified and definable only through its explanatory function. What unifies the (...) selective environment is that it explains adaptation in a non-agential way, by screening off various forms of agency, whether divine, organismic, or human. This explanatory function of the selective environment helps avoid some sources of confusion when the theory of natural selection is applied to humanities and social sciences. (shrink)

Philosophers often claim that humility is a dependent virtue: a virtue that depends on another virtue for its value. I consider three views about this relation: Specific Dependence, Unspecific Dependence, and Fittingness. I argue that, since humility cannot uniquely depend on another virtue, and since this uniqueness is desirable, we should reject Specific and Unspecific Dependence. I defend a Fittingness view, according to which the humble person possesses some objectively good quality fitting for humility. I show beyond Slote’s original characterization (...) of the dependence relation that, even if humility’s value depends on having objectively good qualities, humility itself can be one such quality. So, humility can depend on itself. I call this view Bootstrapped Fittingness. (shrink)

Recasts Plutarch's Lives as a work of political philosophy emerging from the imperial encounter of Greece and Rome.

An original argument about how scientific models often times distort reality rather than accurately reflect it. And it's this distortion that often gives scientific models their epistemic power.

This volume is a philosophical introduction and exploration of the nature and value of personal relationships. It is an ideal text for introductory philosophy, ethics, or applied ethics courses.

In this article we discuss two divergent accounts of non-human animals as analog models of human biomedical phenomena. Using a classical account of analogical reasoning, toxicologists and teratologists claim that if the model and subject modeled are substantially similar, then test results in non-human animals are likely applicable to humans. However, the same toxicologists report that different species often react very differently to the same chemical stimuli. The best way to understand their findings is to abandon the classical view of (...) analogical - i.e., linear - reasoning, and replace it with a version informed by chaos theory. We briefly outline the current understanding of chaos, and trace its implications for toxicology and teratology. (shrink)

La critique de la religion est pour l'essentiel terminée : voilà ce que Marx écrivait en 1843. Le début du XXIe siècle semble lui donner tort. Fondamentalistes de tous poils qui relèvent la tête veulent imposer leurs brigades des moeurs et réglementer la liberté de la parole, djihadistes qui font régner la terreur au Levant, terroristes qui manient la AK47 au nom d'Allah, camions qui foncent dans des foules pacifiques et tuent des dizaines de personnes : ceux qui pensaient que (...) nous étions définitivement entrés dans un monde désenchanté en sont pour leurs frais. Denis Collin s'inscrit dans cette tradition philosophique pour laquelle vivre sous la conduite de la raison, c'est s'émanciper de la servitude religieuse et défendre le libre esprit et le libre examen. Il s'agit donc ici de revenir aux principes afin d'examiner ce qu'il en est du fait religieux aujourd'hui et de proposer quelques lignes d'une bataille à mener sur le terrain des idées. (shrink)

This chapter describes some basic, often puzzling features of intentionality, with an eye to its role not so much in ordinary folk ascriptions but in serious psychological explanations, especially in many of Noam Chomsky's own presentations of his theory. It then considers Chomsky's censure of the notion, leading him to deny what would seem to be the explicit intentionalisms on which he seems to rely. Implicit in Chomsky's treatment of grammar is the idea that the positing of the language faculty (...) offers an “abstract” perspective on a physical system (the human brain) that implements the relevant features of the abstracta in ways we currently don’t understand. Two initial problems might be raised for this picture, one regarding inference and the other, generalization. The proposed model is effectively saying that theorists track states and generalizations of the linguistic system in an explicitly representational format, but what the theory is true of need not have such representational properties. (shrink)

This paper draws an earlier book (with Evans and Higgins) entitled _Bad Call: Technology’s Attack on Referees and Umpires and How to Fix It_ (hereafter _Bad Call_) and its various precursor papers. These show why it is that current match officiating aids are unable to provide the kind of accuracy that is often claimed for them and that sports aficianados have been led to expect from them. Accuracy is improving all the time but the notion of perfect accuracy is a (...) myth because, for example, lines drawn on sports fields and the edges of balls are not perfectly defined. The devices meant to report the exact position of a ball—for instance ‘in’ or ‘out’ at tennis—work with the mathematically perfect world of virtual reality, not the actuality of an imperfect physical world. Even if ball-trackers could overcome the sort of inaccuracies related to fast ball speeds and slow camera frame-rates the goal of complete accuracy will always be beyond reach. Here it is suggested that the purpose of technological aids to umpires and referees be looked at in a new way that takes the viewers into account. (shrink)

In Search of Excellence was the book that launched a thousand popular management books. In this concise book, David and Jack Collins demonstrate the emptiness of business excellence and in so doing reveal the flawed foundations of popular management theory. Focusing upon the conduct of those organizations vaunted as 'exemplars of excellence' the authors build upon insightful case reports to demonstrate wholesale misconduct at the very heart of the excellence project. Indeed, The Emptiness of Business Excellence demonstrates that the (...) exemplars of excellence indulged bribery, corruption, racism, sexism and anti-Semitism...and more besides! Furthermore, the book demonstrates that, despite their claims to knowledge, Peters and Waterman often knew little about the financial performance of their excellent organizations and were either unaware of or had chosen to overlook reports which highlighted deeply problematic conduct within those formations, which they offered as beacons for change and renewal. This book will be of interest to researchers, scholars and students with an interest in business and management, especially those focusing on the realities of managerial practice. (shrink)

Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.

The utterance “I am humble” is thought to be paradoxical because a speaker implies that they know they are virtuous or reveals an aim to impress others – a decidedly non-humble aim. Such worries lead to the seemingly absurd conclusion that a humble person cannot properly assert that they are humble. In this paper, I reconstruct and evaluate three purported paradoxes of humility concerning its self-attribution, knowledge and belief about our own virtue, and humility's value. I argue that humility is (...) not genuinely paradoxical and that these puzzles do not have meaningful implications for its conceptual analyses. I instead offer error theoretical explanations of humility's apparent paradoxicality. (shrink)

Since its publication in 1918, Oswald Spengler's The Decline of the West has been the object of academic controversy and opprobrium. In their efforts to dispose of it, scholars have resorted to a variety of tactics: bitter invective, icy scorn, urbane mockery, or simply pretending that the book is not there. Yet generations of readers have refused to be warned off, finding in Spengler a prophetic voice and a source of profound intellectual excitement. H. Stuart Hughes's Oswald Spengler offers a (...) judicious and objective reading of Spengler's works that admirably fills the gap between hypercritical invective and naive enthusiasm. This pioneering volume makes clear why Spengler's pessimistic reading of the fate of European civilization continues to resonate with contemporary anxieties. Despite the author's self-imposed intellectual and social isolation, Spengler's work was as Hughes demonstrates, a part of the enormous effort of intellectual reevaluation that has characterized the early twentieth century. Viewing Spengler in the broadest possible perspective, the author places his thought in its cultural relationship to that of such predecessors as Giambattista Vico, Friedrich Nietzsche, and Nikolai Danilevsky and contemporaries including Benedetto Croce, Henri Bergson, and Vilfredo Pareto. A chapter of Hughes's book is devoted to Spengler's influence on later cyclical thinkers such as Arnold Toynbee and Pitirim Sorokin. Another chapter clarifies the essentially antagonistic relationship between his thought and Nazi ideology. Throughout, Hughes is carefully attuned to the complex and often bewildering shifts of Spengler's ideas and manner, providing a unified picture of the sober historian; the lofty seer; the cool, detached observer; and the impassioned participant. In his introduction to this new edition, Hughes comments on the timeliness of Spengler's message with respect to technology and environmental issues and draws some unexpected and fascinating parallels between Spengler's thought and that of Ludwig Wittgenstein. Oswald Spengler offers an illuminating view of the achievements and limitations of one of the most influential and representative figures of the twentieth century. It will be of concern to intellectual historians, philosophers, political scientists, and sociologists. (shrink)