This paper is an ethical exegesis of the biblical story of Gibeah, which concludes the Book of Judges (19–21), to show the catastrophic failure of the anti-political politics of the “community of virtue”, i.e., the rejection of power for the sake of moral society, such as proposed by libertarians, neo-liberals, anarchists and utopians. I consider Kant’s statement of the political problem: given humanity’s unsocial sociality, where each person is tempted to act as an exception to universal law, humans (...) need rulers, but how to obtain rulers who are not themselves ruled by power, and become tyrannical, rather than being ruled by justice? The solution proposed by “the community of virtue” would reject power altogether and replace it with society regulated exclusively according to the moral virtue of its members. The Bible’s story of Gibeah shows graphically and conclusively the failure of any such attempt. Instead, as with normative political philosophy, the Bible endorses the rule of a king, i.e., the rule of the state, and a politics whereby power is disciplined to serve justice because it is rooted in Torah, i.e., a fundamental covenant, charter or constitution, aware and vigilant regarding the ambiguities and temptations of sovereignty, and therefore, ideally, always open to critique. As exemplified by biblical prophets, political protest against injustices perpetrated by the powerful against the least—widow, orphan, stranger—is at once religious obligation and true patriotism. (shrink)

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of (...) a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)

The debates over "universal" human rights versus alleged abuses in the name of culture and tradition are best understood as conflicts between different communities of judgment. This article attempts to respond to the pressing need for an adequate theory of the role of judgment in order to address these debates. Using Hannah Arendt's work on judgment as a starting point, the article tackles the problems and possibilities that arise out of Arendt's view that judgment relies on a "common sense" shared (...) by members of a community of judging subjects. The author identifies some of the puzzles surrounding the concepts of "common sense," "community," and "other judging subjects," concepts not fully developed in Arendt's theory. Section I begins with a brief outline of Arendt's theory and its relation to Kant's. In Section II, the author points to some of the virtues of a community-based theory of judgment and, in Section III, to the link between the issues in international human rights and judgment as community-based. Section IV identifies a set of interlocking puzzles posed by the idea of "community-based" judgment, while Section V offers a more detailed account of the concepts of "enlarged mentality" and "common sense" that serve as the basis for exploring these puzzles. These puzzles are then worked through in Section VI, particularly, the question of how can one decide to change or oppose "common sense" when it seems to be presupposed for judgment to be possible. Finally, Section VII addresses the implications of these theoretical arguments for human rights and the insights human rights debates provide for the theory. The author shows that it is necessary to understand these debates as a concrete manifestation of the problem of judgment across communities and how this particular problem, in turn, helps to refine the issues the theory must articulate and resolve. The modern world makes huge demands on our linked capacities for autonomy and judgment; in order to bestmeet these demands, we must understand the ways in which judgment is community-based. (shrink)

In this paper I want to analyse the meaning of the community of inquiry in multiethnic contexts and introduce best practice examples from Austria. The idea of community and the practice of philosophy are central to the work in Philosophy for Children. The development of community of inquiry is not only a method forfostering philosophical dialogue, it is a process that also leads to educational practice with community activity. So it has much to offer for the (...) education for democracy: it can prepare young people for life in a culturally and ethnically diverse society. A philosophy for children community provides an ideal framework for working out intersubjective perceptions and understanding of complex cultural differences. It is one way that the next generation will be prepared socially and cognitively to engage in the necessary dialogue, judging and questioning what is vital to existence for a democratic society. (shrink)

Today, the earth is an interconnected globe humming with electronic transmissions-a chattering planet nestled in the provident silence of space. The ethical question is whether this is contributing to authentic human development and helping individuals and peoples to be true to their transcendent destiny. The new media are powerful tools for education, cultural enrichment, commercial activity, political participation, intercultural dialogue and understanding. They also can serve the cause of religion. Yet the new information technology needs to be informed and guided (...) by solidarity in the service of the common good bridging the digital divide within and among nations. The value-laden message of Western secular culture to people and traditional societies in many cases ill-prepared to evaluate it leads to widespread crisis, for example, in regard to marriage and family life. This technology can be a means for solving human problems, promoting the integral development of persons, creating a world governed by justice, peace, and love. It also can help men and women in their age-old search for self-understanding. Like today's world itself, the world of media, including the Internet, has been brought by Christ, inchoately yet truly, within the boundaries of the kingdom of God and placed in service to the word of salvation. (shrink)

The experience of musical surprise is explained by psychologists in terms of the thwarting of prior musical expectations. The assumption that surprise is always caused by expectations is widespread not just in psychology at large, but also in philosophy. I argue here that this assumption is ill-founded. Many musical surprises, as well as many non-musical instances of perceptual surprise, can be explained by the falsification of assessments of the present, rendering the appeal to expectations unnecessary. I elaborate the positive view (...) before considering objections, and offering replies. (shrink)

Sex differences in behavior are most interesting when they are the result of inherent differences in the operational rules motivating behavior and not merely a reflection of differing life history experiences. American men and women exhibit a few differences in testamentary patterns of property allocation that appear to be due to inherently different rules of allocation. Even when analyses control for resources and surviving kin configurations, women distribute their property among a greater number of individual beneficiaries than do men. The (...) most striking differences in property allocation between men and women occur within the nuclear family and reflect differences in reproductive life span and the resulting reproductive conflicts between spouses that can endure beyond death. (shrink)

In arbitrating between representational and relational theories of perception, perceptual illusions—cases in which a subject’s perceptual experience diverges from the way the world really is—constitute an important battleground. The debate has, however, been dominated by discussions of visual perception. In attempting to extend the debate to audition, it is appropriate to start by considering what is thought to be a key case of auditory illusion. I consider the phenomenon of the ‘missing fundamental’, as well as examining a notion that is (...) often deployed by representationalists to explain it—namely, perceptual inference. Though it is frequently deployed as an explanatory concept by inferentialists, the notion of perceptual inference is somewhat opaque. Here, I formulate a ‘job description’ for perceptual inference, involving rule-following. I then identify two sets of cases that commonly prompt the invocation of perceptual inference: namely, cases of perceptual illusion, and cases of veridical perception where the perceptual content outstrips the information present in the stimulus. I then argue that an appeal to perceptual inference is unnecessary, in the case of the missing fundamental, for two reasons. Firstly, the missing fundamental is not, after all, a clear candidate for the ascription of inferential capacity to the auditory system: it is neither an illusion, nor is it the case that the stimulus is crucially impoverished. That is, it submits to a ‘direct’ explanation. Secondly, given the adequacy of a simpler explanation, and the difficulty between distinguishing between real rule-following and the mere appearance of it, I argue that we should avoid ascribing inferential capacity to the auditory system. I close by considering objections, and offering replies. (shrink)

This book is meant for sincere students, and especially for those who have some glimmering of what Krishna meant, when in Bhagavad-Gita, he said that after a while spiritual knowledge grows up within and illuminates with its rays all subjects and objects.

This article investigates the scope of a firm's enterprise strategy which is defined as the range of stakeholder satisfaction realized by a firm at a particular point in time. We found that prior profitability and several of the firm's grand strategies were correlated with enterprise strategy scope. Furthermore, environmental munificence was found to have a curvilinear relationship with enterprise strategy. Overall, this study refined and extended our understanding of enterprise strategy and stakeholder management.

Almost every facet of the experience of musical listening—from pitch, to rhythm, to the experience of emotion—is thought to be shaped by the meeting and thwarting of expectations. But it is unclear what kind of mental states these expectations are, what their format is, and whether they are conscious or unconscious. Here, we distinguish between different modes of musical listening, arguing that expectations play different roles in each, and we point to the need for increased collaboration between music psychologists and (...) philosophers in order to arrive at a more detailed characterisation of conscious musical experience and the role of expectations therein. (shrink)

A series of lectures given... at King's College, London, in 1958.

At the intersection of religion and sexuality, this article explores how lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people navigate dynamics of inclusion and exclusion within faith-based settings. Situated in a postcolonial setting, and with a specific focus on South Africa, the article delineates the oppressive dynamics at work at this intersection, along with how these are resisted through contemporary forms of activism. Grounded in a feminist analysis of relevant literature and of the field of activism in question, and (...) supplemented by interviews with key informants, the research offers a conceptual framework to advance transformative inclusion for LGBTIQ people within, and against, the dominant institutions, discourses and practices of faith.Contribution: This article contributes to the field of scholarship that concerns activism on sexual and gender rights in faith-based settings. It straddles theory and practice, offering an epistemological grounding for political action that advances the rights of LGBTIQ people. In bringing practitioner insights into academic discourse, the article adds to the burgeoning academic enquiry in this area, and offers a conceptual approach for supporting existing and new initiatives against marginalisation, exclusion and violence at the hands of faith. (shrink)

This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and intellectual properties and allocating rights and responsibilities based on the respective property sphere. It introduces a theoretical Hohfeldian framework, in which the grant of a positive limited-term monopoly right entails a corresponding (...) duty, to establish intellectual property law as a source of internal limits on intellectual property rights. The article is a prolegomena to a detailed matrix of those rights and duties within intellectual property law. This matrix could support patentee duties that go beyond public disclosure of the invention and could establish patent law as an alternative legal framework to tort law to address harms caused by inventions. (shrink)

ArgumentThis article argues that in order to discern the place of science in the epistemology of Chinese common readers, it is critical to look beyond the coastal enclaves where foreign missionaries and experts interacted with Chinese scholars and officials, beyond the translated treatises they produced, and even beyond the various forms of new media that attempted to more widely disseminate the principles of Western science. Instead, it asserts the need to engage a different register of materials that were less directly (...) tied to foreign expertise, more directly in line with pre-existing lineages of printed materials, and at the same time, integral to early-twentieth-century Chinese circuits of information. The article focuses explicitly on one print phenomena that has been completely overlooked in the scholarship to date, the expansion and revitalization of the genre of texts known aswanbao quanshu萬寶全書 (comprehensive compendia of myriad treasures) in the late Qing (1890-1911) and early Republic (1912-1930). (shrink)

Recently adopted international texts have given a new focus on conflicts of interests and access to information resulting from biomedical research. They confirmed ethical review committees as a central point to guarantee individual rights and the effective application of ethical principles. Therefore specific attention should be paid in giving such committees all the facilities necessary to keep them independent and qualified.

While we consider directive teaching to be detrimental to the Community of Inquiry, we nonetheless find ourselves in qualified agreement with Hand as he challenges certain norms of practice that support the common presumption in favour of nondirective teaching in the moral CoI. We agree with Hand that it is possible for teachers to impart their own moral beliefs without indoctrinating students, yet we argue that the risk of indoctrination remains present in the many realistic scenarios in which teachers (...) misjudge controversial standards as uncontroversial or in which teachers’ arguments bypass students’ reason. We agree with Hand that substantively closed questions can generate satisfying inquiries, with the caveat that in the absence of open inquiry there is a chronic risk of eroding the ethos of trust in a CoI. Similarly, we find qualified agreement with Hand regarding teachers’ philosophical self-effacement. We accept that teachers may judiciously suspend neutrality in order to ensure that sound arguments and objections are aired and understood, yet we caution teachers against endorsing any particular justification or rebuttal. We further raise three distinct concerns about Hand’s theory. Firstly, we argue that Hand’s theory is insensitive to the varieties of moral controversy that emerge within the CoI. We maintain that a nondirective approach is required for a proper exploration of controversy over conflicting justifications for shared moral standards grounded in diverse normative ethical theories, where the conative power of particular justifications may differ among individuals; controversy over the meaning, scope and significance of moral concepts; and controversy over the application of moral standards and concepts to actual cases. Secondly, we argue that in light of teachers’ susceptibility to motivated reasoning and myside bias, Hand’s theory places undue demands on teachers to exercise objective judgement. Where teachers unwittingly transmit biases to students, we are not assured that Hand’s proposal can safeguard against indoctrination. Thirdly, we do not share Hand’s conception of moral inquiry as concerned exclusively with argument over the content and justification of moral standards. The narrowness of this conception, together with available evidence that moral argument alone has little effect on moral behaviour, leads us to question Hand’s claim that a fundamental reason for engaging students in moral inquiry is to reinforce their moral formation. We suggest that the scope of the moral CoI should not be limited to argument over the content and justification of moral standards, but should also include the cultivation of virtues and dispositions that prepare students for complex moral decision-making, as well as the investigation of Aristotelian questions concerning what is worthwhile in human life. Given our broader conception of the CoI as both moral and ethical, and our emphasis on students having both the freedom and the responsibility to judge reasonableness for themselves, we conclude that nondirective teaching remains a beneficial regulatory principle for CoI practice. (shrink)

A historical survey of the inheritance practices of farming families in North America and elsewhere indicates that resource allocations among children differed through time and space with regard to sex bias and equality. Tensions between provisioning all children and maintaining a productive economic entity (the farm) were resolved in various ways, depending on population pressures, the family’s relative resource level, and the number and sex of children.Against a backdrop of generalized son preference, parents responded to ecological circumstances by investing in (...) offspring differentially within and between the sexes. Vesting the preponderance of family resources in one heir increased the likelihood of at least one line surviving across several generations, whereas varying degrees of parental investment in emigrating sons or out-marrying daughters might yield boom or bust harvests of grandchildren according to circumstances in more remote locales. Primogeniture (eldest son as primary heir) allowed early identification of heirs and appropriate socialization, as well as more time for parents to contribute to the heir’s reproductive success. Son bias and unigeniture decreased as numbers of children per family declined, as land became less critical to economic success, and as legal changes improved the resource-holding potential of females. We suggest that changing ecological conditions affected parental decisions regarding resource allocation among children at least as much as did changing ideologies of parent-child relations. (shrink)

In controlled human infection (CHI) studies, investigators deliberately infect healthy individuals with pathogens in order to study mechanisms of disease or obtain preliminary efficacy data on investigational vaccines and medicines. CHI studies offer a fast and cost‐effective way of generating new scientific insights, prioritizing investigational products for clinical testing, and reducing the risk that large numbers of people are exposed to ineffective or harmful substances in research or in practice. Yet depending on the pathogen, CHI studies can involve significant risks (...) or burdens for participants, pose risks to individuals or communities not involved in the research, and lead to public controversy. It is therefore essential to ensure that the risks of CHI studies are justified by their social value—that is, their potential to generate benefits for society—and that public trust can be maintained. In this paper, we aim to clarify how research sponsors, research ethics committees and other reviewers should judge the social value of CHI studies. We develop a list of relevant considerations for making social value judgments based on the standard view of social value. We then use this list to discuss the example of potentially conducting dengue virus CHI studies in endemic settings. We argue that dengue virus CHI studies in endemic settings would fall on the higher end of the spectrum of social value, mostly because of their potential to redirect all fields of future dengue research. Drawing on this discussion, we derive several general recommendations for how reviewers should judge the social value of CHI studies. (shrink)

This paper explores the relationship between environmental scarcity, organization size, and board composition with measures of financial and social performance. All three correlates were found to be related to both measures of performance and the hypotheses were largely supported. Anomalous relationships, however, were found between organizational size and social performance as well as outsider representation and financial performance. This study demonstrates that normative explorations focusing only on financial performance can lead to misleading conclusions about organizational effectiveness.

Substance use disorder (SUD) care among women in the sex trade poses multiple ethical challenges. We propose a framework with three lenses—autonomy, power, and place—that can inform and help improve more ethical clinical care for people who trade sex seeking SUD treatment. A relational perspective on autonomy, an analysis of power relations in the clinic, and a geographical analysis can inform how we create space for people with experience in the sex trade in substance use treatment facilities and beyond. We (...) conclude with some practical applications of this framework, all while integrating a composite clinical vignette throughout our analysis. This analysis addresses a clinical and ethical gap in ways to provide better care for women in the sex trade, an understudied and chronically marginalized population deserving of care that meets them where they are. (shrink)

Objectives: To analyse and compare the surveys on German doctors and judges on end of life decision making regarding their attitudes on the advance directive and on the dying process.Design: The respondents were to indicate their agreement or disagreement to eight statements on the advance directive and to specify their personal view on the beginning of the dying process.Participants: 727 doctors in three federal states and 469 judges dealing with guardianship matters all over Germany.Main measurements: Comparisons of means, (...) analyses of variance, pivot tables and factor analyses .Results: Three attitude groups on advance directive were disclosed by the analysis: the decision model, which emphasises the binding character of a situational advance directive; the deliberation model, which puts more emphasis on the communicative aspect; and the delegation model, which regards the advance directive as a legal instrument. The answers regarding the beginning of the dying process were broadly distributed, but no marked difference was observed between the responding professions. The dying process was assumed by most participants to begin with a life expectancy of only a few days.Conclusions: A high degree of valuation for advance directive was seen in both German doctors and judges; most agreed to the binding character of the situational directive. Regarding the different individual concepts of the dying process, a cross-professional discourse on the contents of this term seems to be overdue. (shrink)

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible (...) wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’. (shrink)