To facilitate access for the wider international audience interested in issues of organ allocation the texts in this volume are all in English. But in view of the fact that Analyse & Kritik, though an international journal, is published in Germany it seemed appropriate to provide a German introduction and overview. This overview outlines the background of organ donation and transplantation as seems useful for the ‚uninitiated‘ reader and positions the papers of the volume on the intellectual map. In the (...) end the articles of the volume speak for themselves while the comments that conclude it may be helpful as springboards for further critique. (shrink)

The implementation of a new kidney allocation algorithm by Eurotransplant was a ‘rule choice’ with serious ethical, legal, and political implications. Eurotransplant made that choice in view of a careful analysis of empirically predictable consequences of alternative rule specifications. This paper studies in a stylized way how the decision on the allocation algorithm emerged. Hopefully an understanding of central features of the described successful case of initiating improvements may be helpful in other cases with a similar structure.

A work ehic is a value-based motivation for working. In the now developed world, three such values have been stressed over time: soial status, duty, and wealth or, simply, money. Craft pride has also been proffered but is increasingly a victim of automation. Each will be considered here. First, however, a few remarks about how socio-economic conditions influence a society's stance regarding one's obligation to work.

Although the notion of empiricism looms large in many histories of early modern philosophy, its origins are not well understood. This paper aims to shed light on them. It examines the notions of empirical philosopher, physician, and politician that are employed in a range of seventeenth- and eighteenth-century texts, alongside related notions (e.g. "experimental philosophy") and methodological stances. It concludes that the notion of empiricism used in many histories of early modern thought does not have pre-Kantian origins. It first appeared (...) and became widely used in late eighteenth-century Germany, in the course of the early debates on Kant's Critical philosophy. (shrink)

Scholars have sometimes argued that we should conceive of social research as a form of moral inquiry, at least in part, but none have made clear exactly how and why observational research can make a distinctive contribution to moral insight. Returning to an era before the modern distinction between social science and the humanities became entrenched, this article argues that Adam Smith provided a clear and forceful rationale for the moral role of social research, especially history. Smith believed that moral (...) understanding relies on emotional reactions to richly described cases, preferably where our own interests are not at stake. These meditations on particular cases, in turn, provide the basis for moral generalizations that can inform future encounters with particular cases. This perspective led Smith (along with his friend David Hume) to the view that historical writing makes a more important contribution to moral understanding than abstract philosophy does. This article reconstructs Smith’s arguments about the role of empirical observation in cultivating moral sensibility in The Theory of Moral Sentiments, his Lectures on Jurisprudence, and his Lectures on Rhetoric and Belles Lettres. It then connects his argument to contemporary ideas about the nature of moral understanding in philosophy and cognitive science. (shrink)

Recent studies on crying show that crying is more common in happier, freer, and richer countries than in poorer and less free countries. These results can sound counterintuitive and contradict the hypothesis that crying is more observable in countries where people experience more distress. Adam Smith may offer an explanation: In the severe hardship of poverty, showing emotion and distress can be read as a sign of weakness, attracting no sympathy and compromising survival. As a result, emotional displays are avoided. (...) Instead, wealthier commercial societies offer ease and tranquility which allows individuals to express their emotions with fewer negative consequences. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

The increasingly wide spread use of RCM, rational choice modeling, and RCT, rational choice theory, in disciplines like economics, law, ethics, psychology, sociology, political science, management facilitates interdisciplinary exchange. This is a great achievement. Yet it nurtures the hope that a unified account of rational active choice making might arise from ‘reason’ in terms of intuitively appealing axioms. Such ‘rationalist’ characterizations of rational choice neglect real human practices and empirical accounts of those practices. This is theoretically misleading and practically dangerous. (...) Searching for a wide reflective equilibrium, WRE, on RCT in evidence-oriented ways can explicate ‘rational’ without rationalism. (shrink)

This article proposes a way to zoom in on the concept of the social license to operate from the broader normative perspective of contractarianism. An SLO can be defined as a contractarian basis for the legitimacy of a company’s specific activity or project. “SLO”, as a fashionable expression, has its origins in business practice. From a normative viewpoint, the concept is closely related to social contract theory, and, as such, it has a political dimension. After outlining the contractarian normative background (...) to the SLO, we will show how academic concepts such as legitimacy and stakeholder management have a tendency to provide the intellectual underpinning for the business case for securing an SLO. While business case perspectives on the SLO may well be in line with the use of the term in business practice, we will highlight certain difficulties and ambiguities related to the instrumental use of the expression. In the final section, we briefly introduce the articles of this Special Issue to the reader and explain how they relate to the topic. (shrink)

Research Articles James W. Ceaser, Social Philosophy and Policy, FirstView Article.

A legal system is any institution or set of institutions in a given society that provides dispute resolution in a systematic and reasonably predictable way. it does so through the exercise of three functions: the judicial, the legislative, and the executive. The judicial function, the adjudication of disputes, is the core of any legal system; the other two are ancillary to this. The legislative function is to determine the rules that will govern the process of adjudication (this function may be (...) merged with the judicial function, as when case law arises through precedents, or it may be exercised separately), while the executive function is to secure submission (through a variety of means, which may or may not include violence) to the adjudicative process and compliance with its verdicts. A government or state (for present purposes i shall use these terms interchangeably) is any organisation that claims, and in large part achieves, a forcibly maintained monopoly, within a given geographical territory, of these legal functions, and in particular of the use of force in the executive function. now the market anarchist objection to government is simply a logical extension of the standard libertarian objection to coercive monopolies in general.1 First, from a moral point of view, among people regarded as equals2 it cannot be legitimate for some to claim a certain line of work as their own privileged preserve from which others are to be forcibly excluded; we no longer believe in the divine right of kings, and on no other basis could such inequality of rights be justified. Second, from an economic point of view, because monopolies are insulated from market competition and hold their customers by force, they lack both the information and the incentive to provide consumers with fair, efficient, and inexpensive service. The anarchist accepts these arguments, and merely asks why they should apply with any less force to the provision of legal services. (shrink)