A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.

What all contemporary so-called aristotelian realists have in common has been identified by David Armstrong as the principle of instantiation. This principle has been put forward in different versions, but all of them have the following simple consequence in common: uninstantiated universals do not exist. Such entities are for the lotus-eating Platonist to countenance, but not for any sort of moderate realist. I shall argue that this principle, in any guise, is not the best way to differentiate aristotelianism from Platonism. (...) In its place, I shall suggest that the best way to differentiate the two versions of realism from each other is by means of a far more powerful idea: naturalism. And the surprising conclusion given this means of differentiation will be that contrary to the usual proclamations, Platonism will be the more naturalistic theory, whereas aristotelianism will come to be seen for what it really is, namely, non-naturalistic. (shrink)

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

What is the best way to respond to monuments in our communities if they represent people who stood for harmful ideas and/or societal structures? I start with the assumption that it would be best for everyone if all of the harmful monuments were removed from our public squares. The more interesting question is: Why would it be best? I will examine critically two different explanations as to why it would be best: one, Plato's, which rests on the harmful non-intellectual influences (...) of images and the other, Socrates’, which rests on the harmful intellectual influences of those images. In the end, I shall argue that Socrates got it right and Plato wrong due to the former's ability to explain human behaviour and the latter's surprising lack of that same ability, despite how widely it is believed. If the argument is correct, it will have deep and widespread implications for how we educate our children and ourselves about every important aspect of the human condition. (shrink)

In this book, Michael P. Berman uses Merleau-Ponty’s thought to develop a critique, grounded in his phenomenology, of certain issues in the philosophy of religion such as faith, love, vision, soul, magic and miracles, judgment, evil, and hallowing.

The Essential Berkeley and Neo-Berkeley is an introduction to the life and work of one of the most significant thinkers in the history of philosophy and a penetrating philosophical assessment of his lasting legacy. David Berman goes beyond providing an introduction and gives us a broader and deeper appreciation of Berkeley as a philosopher. He argues for Berkeley's work as a philosophical system with coherence and important key themes hitherto unexplored and provides an analysis of why he thinks Berkeley's (...) work has had such lasting significance. With a particular focus on Berkeley's dualist thinking and theories of 'mental types', Berman provides the reader with a key to unlocking the significance of this work. This introductory text will provide an insight into Berkeley's full body of work, the distinctiveness of his thinking and how deeply relevant this key thinker is to contemporary philosophy. (shrink)

Set aside fanciful doomsday speculations about AI. Even lower-level AIs, while otherwise friendly and providing us a universal basic income, would be able to do all our jobs. Also, we would over-rely upon AI assistants even in our personal lives. Thus, John Danaher argues that a human crisis of moral passivity would result However, I argue firstly that if AIs are posited to lack the potential to become unfriendly, they may not be intelligent enough to replace us in all our (...) jobs. If instead they are intelligent enough to replace us, the risk they become unfriendly increases, given that they would not need us and humans would just compete for valuable resources. Their hostility will not promote our moral passivity. Secondly, the use of AI assistants in our personal lives will become a problem only if we rely on them for almost all our decision-making and motivation. But such a (maximally) pervasive level of dependence raises the question of whether humans would accept it, and consequently whether the crisis of passivity will arise. (shrink)

This book is a story about promoting systemic change of SEL in the mindset and capabilities of staff, in the structure of the district, and in the vision, mission, and policies that guide the district.

Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century.

The Heythrop Journal, Volume 63, Issue 4, Page 520-530, July 2022.

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to be blameworthy is (...) to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (shrink)

Robert Adams defends a platonic account of goodness, understood as excellence, claiming that there exists a platonic good that all other good things must resemble, identifying the Good with God. Mark Murphy agrees, but argues that this platonic account is in need of Aristotelian supplementation, as resemblance must take into account a thing’s kind-membership. While this article will accept something like Murphy’s account of goodness, it will further develop its details and support. Without relying on theistic premises, I show that (...) the metaphysical status of an individual’s goodness consists in resemblance with the platonic good. As for the distinct question of what that goodness holds in virtue of, I conclude it holds in virtue of exactly: the thing’s own properties, those properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. I then develop an account of how K-standards resemble the platonic good: The K-standards resemble it firstly with respect to requiring activities, as the platonic good will be posited to be active, and must resemble it secondly also at the level of what teleology those activities are directed towards. I also motivate the need for a third respect of resemblance, to be developed in future work. The article ends with a discussion of the nature of the platonic good. (shrink)

Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. Moreover, Foot argues in effect that goodness admits of only the kind-based sort, obtaining solely in virtue of something’s satisfying kind-based standards. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be (...) bad for doing so. In defending my counterexample, I respond to the Aristotelian contention that evaluations should only be made from “within” the standpoint of a particular lifeform conception, rather than an “external” one from which that kind itself can be judged to be bad. (shrink)

Could Christians and Muslims be referring to the same God? For an account of the reference of divine names, I follow Bogardus and Urban (2017) in advocating in favour of using Gareth Evans’s causal theory of reference, on which a name refers to the dominant source of information in the name’s “dossier”. However, I argue further that information about experiences, in which God is simply the object of acquaintance, can dominate the dossier. Thus, this demonstrative use of names offers a (...) promising alternative avenue by which users of the divine names can refer to the same referent despite having different conceptions of God. I also respond to Burling’s (2019) worship-worthiness view. (shrink)

Faith has many aspects. One of them is whether absolute logical proof for God’s existence is a prerequisite for the proper establishment and individual acceptance of a religious system. The treatment of this question, examined here in the Jewish context of Rabbi Prof. Eliezer Berkovits, has been strongly influenced in the modern era by the radical foundationalism and radical skepticism of Descartes, who rooted in the Western mind the notion that religion and religious issues are “all or nothing” questions. Cartesianism, (...) which surprisingly became the basis of modern secularism, was criticized by the classical American pragmatists. Peirce, James and Dewey all rejected the attempt to achieve infallible absolute knowledge, as well as the presumptuousness of establishing such a knowledge by means of casting Cartesian hyperbolic doubt. They advocated an alternative approach which was more holistic and humane. This paper lays out Descartes’s approach and the pragmatists’ critique. Despite the place that pragmatic considerations hold in Jewish tradition, some thinkers reject the relevance of these ideas. Yet Berkovits’s thought suggest a different path. He rejected Descartes’ radical skepticism and his radical foundationalism, in favor of a moderate foundationalism, which allows for a belief in God alongside constructive doubts. Similar to Peirce’s conception of the fixation of belief, Berkovits views local doubts (distinct from the hyperbolic doubt) as necessary for thought. Berkovits’s understanding of the biblical human-divine encounter, following Rosenzweig, Buber, and Heschel, is conceptualized here as “encounter theology”. Berkovits criticizes the propositionalist attempts to prove God’s existence logically, as well as the presumptuousness of basing religious belief on the teleological world-order. However, Berkovits’s conception of the ‘caring God’ is not provable, and thus defined as a pragmatic ‘postulate’. The article concludes by considering Berkovits’s “encounter theology”. In contrast to the approach described by Haym Soloveitchik, of halakhic stringency and lack of subjective experience of God’s face, Berkovits’s approach is dialogic through and through. (shrink)

This article presents Franz Rosenzweig’s concept of redemption as a vehicle for raising some important questions for confronting the contemporary movement of Transhumanism. The upshot of our discussion is located in the existential questions asked, following a philosophical comparison of Rosenzweig’s religious and philosophical commitment to human life in its most robust form, with Transhumanism’s scientistic vision. To do so, the article first discusses some techno-scientistic assumptions of Transhumanism, showing that it presumes what was once a core principle of German (...) Idealism, the identity of reason and being, against which Rosenzweig rebelled. Then, the article turns to examine Rosenzweig’s humanistic redemptive vision and its emphasis on the corporeal, the temporal, and the worldly. The conclusion makes explicit the ways in which Rosenzweig’s redemptive vision provides a contrasting model to the one set forth by Transhumanism. (shrink)

This paper considers the responsibilities of the FDA with regard to disseminating information about the benefits and harms of e-cigarettes. Tobacco harm reduction advocates claim that the FDA has been overcautious and has violated ethical obligations by failing to clearly communicate to the public that e-cigarettes are far less harmful than cigarettes. We argue, by contrast, that the FDA’s obligations in this arena are more complex than they may appear at first blush. Though the FDA is accountable for informing the (...) public about the health risks and benefits of products it regulates, it also has other roles that inform when and how it should disseminate information. In addition to being a knowledge purveyor, it is also a knowledge producer, an advisor to the public, and a practical agent shaping the material conditions in which people make health-related choices. In our view, those other roles call for caution in the way the FDA interprets and communicates the available evidence. (shrink)

This article examines A.J. Heschel’s “Theology of pathos” in light of the critique Eliezer Berkovits raised against it. Heschel’s theology of pathos is the notion of God as the “most moved mover”, who cares deeply for humans, and thus highly influencing their prophetic motivation for human-social improvement. Berkovits, expressing the negative-transcendent theology of Maimonides, assessed that Heschel’s theology of pathos is not systematic, is anthropomorphic, and reflects a foreign Christian influence. However, when checking Berkovits’s own views as a thinker, it (...) turns out that he formulated some immanent theological notions that were overlapping those of Heschel, for example in attributing God the personal trait of caring. Surprisingly, most Heschel’s scholars did not consider this point. This riddle addressed here in two ways: (1) Psychological and Social, on which I understand Berkovits’s critique as a way of coping with his own religious perplexities, and in a wider sense, it is asserted that trans-denominational critique may be a discursive opportunity for mutual corrigibility. (2) Theological, since Heschel and Berkovits indeed faced a similar theological challenge, of rejecting any description of God as anthropomorphism. I thus offer a constructive theological argument for providing a justification to the immanent theologies of both Heschel and Berkovits. (shrink)

The contribution of this work is a classification of corporate social action underlying the Social Ratings Data compiled by Kinder Lydenburg Domini Analytics, Inc. We compare extant typologies of corporate social action to the results of our exploratory factor analysis. Our findings indicate four distinct latent constructs that bear resemblance to concepts discussed in prior literature. Akey finding of our research is that positive and negative social action are both empirically and conceptually distinct constructs and should not be combined in (...) future research. Additionally, we recommend that some prior research results be reconsidered to determine whether these newly derived measures might clarify some previous findings. (shrink)

This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...) paper then moves to examine whether his halakhic ruling may help us in understanding which approach was Hirschensohn’s favorable belief, by investigating his halakhic ruling regarding autopsies. Hirschensohn permits to perform such surgeries, however subject to some halakhic limitations. The paper concludes that the naturalistic belief regarding death appears to be the more dominant one in his thought. Finally, I point out a few consequences of this paper, for addressing some contemporary ethical dilemmas regarding human corpses. (shrink)

For Aristotle, the shape of a physical body is perceptible per se (DA II.6, 418a8-9). As I read his position, shape is thus a causal power, as a physical body can affect our sense organs simply in virtue of possessing it. But this invites a challenge. If shape is an intrinsically powerful property, and indeed an intrinsically perceptible one, then why are the objects of geometrical reasoning, as such, inert and imperceptible? I here address Aristotle’s answer to that problem, focusing (...) on the version of it that he presents in De caelo III.8. I argue that if we grant that Aristotle conceived of the shape of a sensible body as some kind of causal power, then the satisfactory resolution of that challenge pushes us to interpret him as having conceived of it as being, more specifically, an impure power—that is, as a property that is not only intrinsically powerful but also, in some way, intrinsically non-powerful as well. This is a notable result not only insofar as it illuminates Aristotle’s conception of shape but also insofar as it contributes to our knowledge of Aristotle’s theory of dunameis and his ontology more broadly. (shrink)

The 16th and 17th centuries witnessed a philosophical shift that would help pave the way for modern science, a shift from metaphysical theories of material objects to other views embracing only the empirically-accessible parts of material things. One much-debated topic in the course of this shift was regarding prime matter. The late scholastic Jacobus Zabarella (1533-1589) arrived upon his views about prime matter via his version of the regressus method, a program for a sort of scientific reasoning. In his De (...) rebus naturalibus, Zabarella defends the position that prime matter is extended. However, it is less clear how he accounts for its extension. There is an important text where he apparently suggests that prime matter is extended in and of itself. However, there are two other texts apparently stating that matter is extended in virtue of a distinct accident in the category of quantity. I argue that a decisive reading based solely upon any particular texts is not available. Nevertheless, examining Zabarella’s writing on the topic as a whole, the trajectory of his overall argument is remarkably sympathetic to Averroes, who famously took the accidentally quantified position. Thus, from this systematic feature, the accidentally quantified reading is more reasonable. (shrink)

In Aristotle’s writings regarding the biology of embryology, especially in the Generation of Animals, he contends that the mother’s menstrual fluids provide the material for the generation of the offspring, and the father’s form determines its formation as a member of that species (e.g. human). The katamenia (menstrual fluids) of the mother are said to be potentially all the body parts of the offspring, though actually none of them. So, the fluids are potentially the offspring. But are they a first (...) potentiality or second potentiality (first actuality) of a human, in the terminology of De Anima II? In this paper I will argue that katamenia are a first potentiality of a human. My first argument is that katamenia do not have the potential for human activities such as thinking, but rather the potential of becoming something having the potential for those activities. I answer the objection that katamenia are not even a first potentiality, by appealing to an important text contending that for any x whose source of becoming is external, x is potentially y if nothing in x with respect to matter needs to be changed in order for an external principle to make x into y. (shrink)

In a recent article, Marilyn Baffoe-Bonnie offers three arguments for conducting CRISPR/Cas9 biotechnology research to cure sickle-cell disease (SCD) based on addressing historical and current injustices in SCD research and care. I show that her second and third arguments suffer from roughly the same defect, which is that they really argue for something else rather than for conducting CRISPR/Cas9 research in particular. For instance, the second argument argues that conducting this gene therapy research would improve the relationship between SCD sufferers (...) (who are mostly of African descent) and health care providers. But really what is essential in improving this relationship is for those providers to genuinely care and be concerned, and this could be lacking even with the CRISPR research being done. Indeed, this relationship could be improved even without that research being done, as long as there is genuine concern. Thus, this argument actually argues for the need for genuine concern. As for the third argument, one (of two) problems arises because it claims that CRISPR research for SCD should be pursued because the benefits would be shared by even non-research-participants, as non-participants would be encouraged. However, this argues for any research for SCD, not for CRISPR research in particular. I conclude that a better justice-based argument will use only Baffoe-Bonnie’s first argument, which is based on historic neglect of an actual cure for SCD (going beyond merely management or transplant therapies). (shrink)

We argue that corporate social performance (CSP) has become a legitimizing identity (brand) for researchers in the business and society field, but it has not developed into a viable theoretical or operational construct. Because measuring CSP is contingent on the operational setting (industry, issues, etc.), it is difficult to produce worthwhile comparisons across studies or generalizing beyond the boundaries of a specific study. The authors suggest that researchers remove the CSP label from their operational variables, and instead narrowly define their (...) studies in operational terms. They provide aworking example of the proposed research direction by examining the theory underlying the popular CSP–financial performance (FP) debate. In the authors’ conceptualization, stakeholder action provides the underlying logic connecting CSP-FP, and we recast the research question to investigate the conditions under which stakeholders will take action to influence the focal organization and when those actions will influence the CSP-FP link. (shrink)

It is easier to resist at the beginning than at the end.– Leonardo da VinciPhysicians often believe that a conscious commitment to ethical behavior and professionalism will protect them from industry influence. Despite increasing concern over the extent of physician-industry relationships, physicians usually fail to recognize the nature and impact of subconscious and unintentional biases on therapeutic decision-making. Pharmaceutical and medical device companies, however, routinely demonstrate their knowledge of social psychology processes on behavior and apply these principles to their marketing. (...) To illustrate how pharmaceutical marketing strategies use psychological techniques to promote targeted therapies, we draw on the relevant social psychology literature on conflicts of interest and on the six principles of influence articulated by the eminent social psychologist Robert Cialdini. Hospitals, professional organizations, medical educators, and other stakeholders must also draw on social psychology to respond effectively to commercial activities that compromise good medical practice. (shrink)

Pharmaceutical and medical device companies apply social psychology to influence physicians' prescribing behavior and decision making. Physicians fail to recognize their vulnerability to commercial influences due to self-serving bias, rationalization, and cognitive dissonance. Professionalism offers little protection; even the most conscious and genuine commitment to ethical behavior cannot eliminate unintentional, subconscious bias. Six principles of influence — reciprocation, commitment, social proof, liking, authority, and scarcity — are key to the industry's routine marketing strategies, which rely on the illusion that the (...) industry is a generous avuncular partner to physicians. In order to resist industry influence, physicians must accept that they are vulnerable to subconscious bias and have both the motivation and means to resist industry influence. A culture in which accepting industry gifts engenders shame rather than gratitude will reduce conflicts of interest. If greater academic prestige accrues to distant rather than close relationships with industry, then a new social norm may emerge that promotes patient care and scientific integrity. In addition to educating faculty and students about the social psychology underlying sophisticated but potentially manipulative marketing and about how to resist it, academic medical institutions should develop strong organizational policies to counteract the medical profession's improper dependence on industry. (shrink)