Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

I THE NATURE OF MAN To understand morals and politics, understand man. Leviathan , 'that mortal god, to which we owe under the immortal God, our peace and ...

David Gauthier is one of the most outstanding and influential philosophers working in moral theory today, and his book Morals by Agreement has established him as a preeminent defender of contractarian moral theory. This volume brings together a selection of his best essays on contractarianism, many of which have become difficult to find.

The incident in May-June 2007 involving a U.S. citizen traveling internationally while infected with drug-resistant tuberculosis involved the U.S. federal government's application of its quarantine and isolation powers. The incident and the isolation order raised numerous important issues for public health governance, law, and ethics. This article explores many of these issues by examining how the exercise of quarantine powers provides a powerful lens through which to understand how societies respond to and attempt to govern threats posed by dangerous, contagious (...) pathogens. The article considers historical aspects of governmental power to quarantine and isolate individuals and groups; analyzes the current state of quarantine and isolation law in the United States in light of the recent incident with drug-resistant tuberculosis; and explores global aspects of public health governance and law highlighted by this incident. (shrink)

The Logic of Leviathan The Moral and Political Theory of Thomas Hobbes.

From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...) roots of such ideas in some fascinating and largely forgotten strands of the history of economics. It draws attention to the question of "responsibility" which neoclassicism has utterly lost sight of. It is startlingly fresh in its overall approach, and unusually well written in its presentation. ... It constitutes a better case for its economic democracy viewpoint than anything else in the literature." . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes and Discussions THE UNITY OF WISDOM AND TEMPERANCE The attempt of Socrates to establish the unity of the virtues has long been an object of philosophic suspicion. Particular attention has been directed to the argument at Protagoras 332a-333b, in which Socrates seeks to demonstrate the unity of wisdom and temperance, by showing that they must be identified as the contrary of folly. The argument proceeds on the assumption (...) that wisdom and temperance are distinct, and so terminates in a contradiction between 'Whatever admits of a contrary admits of one only' and 'Folly, which is one thing, has two contraries, wisdom and temperance.' Scholars have generally rejected Socrates' proof of the second of the contradictory propositions. However, in a recent paper, Professor David Savan has claimed that the contradiction is derived in a formally valid way from premisses which either need no argument or are accepted by Protagoras} My intent in this paper is to cast doubt on this claim, and so to restore the status quo. According to the critics, the weak point in the argument is Socrates' defence of the statement 'Foolish acts and temperate acts are contraries.' But Saran holds that this statement follows from three conditionals, all stated by Socrates and accepted by Protagoras. These conditionals, referred to by Savan as F G and H, will here be termed P1-3. P1 If an act is right and advantageous, then it is temperate. Symbolically: (r.a) D t P2 If an act is wrong, then it is foolish. w~f P3 If an act is foolish, then it is not temperate. fD -t From these, Saran argues, "it follows that 'An act is right' and 'An act is temperate ' are truth functionallyequivalent, as are 'An act is wrong' and 'An act is foolish'.... Since right and wrong are either contraries or contradictories, temperate and foolish acts must also be either contraries or contradictories" (p. 24). Savan then argues that Protagoras, on the basis of his remarks earlier in the dialogue, must take right and wrong to be contradictories, so that temperate and foolish actions are also contradictories, rather than contraries. I want first to consider whether the material equivalences alleged to follow from P1-3 do in fact follow. They may be symbolized: Clr~t C2w =f It is immediately clear that neither C1 nor C2 follows from P1-3. But this is not surprising, because some expression of the relation between 'right' and 'wrong' 1D. Saran, "Socrates'Logic and the Unity of Wisdom and Temperance," in R. J. Butler (ed.), AnalyticalPhilosophy,2nd series(Oxford: BasilBlackwell,1965),pp. 20-26. [157] 158 HISTORY OF PHILOSOPHY must appear among the premises. Since Savan raises the question whether 'right' and 'wrong' are contraries or contradictories only after he claims to establish C1 and C2, we may suppose that the argument should hold whichever relation we assume. If 'right' and 'wrong' are contraries we add the premise: P4A r D --w And ifthey are contradictorieswe add the stronger premise: P4B r -- --w But neither C1 nor C2 follows from PI-3 together with either P4A or P4B. However, it may be urged, the argument fails only because 'advantageous' has been treated as an independent term. P1 should be replaced by: PI* r ~ t We now find that PI*-3 and P4B are sufficientto derive C1 and C2. But PI*-3 and P4A do not suffice.The most we can establish, using only P4A, is the disjunction : C1 vC2r -- t-v-w -- f And this is useless for the purposes of Socrates' argument. One further way of strengthening the premises might be suggested. Instead of dropping 'advantageous' from the argument, one might take it as related both to 'right' and to 'foolish.' That is, one might introduce additional premises from the pairs: P5A r ~ a P5B r - a and: P6A a D -f P6B a ---- -f P5A, added to P1-3 and P4B, will suffice for the derivation of C1 and C2. But no combination of premises not including P4B will do; from P1-3, P4A, P5B and P6B, one can derive C1 but not C2. It is, therefore, necessary to modify Savan's claim in two fairly important... (shrink)

Criticism of Locke's account of personal identity has proceeded cumulatively. Three years after the publication of the chapter “Of Identity and Diversity”, John Sergeant raised an objection which, in Bishop Butler's hands, was to become famous as the dictum that “one should really think it self-evident that consciousness of personal identity presupposes, and therefore cannot constitute, personal identity: any more than knowledge, in any other case, can constitute truth, which it presupposes”. Berkeley added, in effect, that when consciousness is taken (...) to be the criterion of personal identity, one must admit that a man conscious of segments of his life at some times and not at others both is — because “conscious of” states a transitive relation — and is not — because of lack of consciousness—the same person. (shrink)

Improvisation gilt genreübergreifend als Charakteristikum von Jazzmusik, dessen Struktur zu verstehen eine zentrale Aufgabe der philosophischen Beschäftigung mit Jazz als künstlerischer Praxis ist. In diesem Beitrag analysiere ich, unter Verwendung grundlegender handlungstheoretischer Begriffe, insbesondere die Struktur der Interaktion zwischen gemeinsam Musizierenden. Ich argumentiere dafür, dass Interaktion bei Soloimprovisation ebenso eine Rolle spielt wie in verschiedenen Formen gemeinsamen Improvisierens und des Ensemblespiels. Damit wird ein Zugriff auf die Praxis der Jazzmusik entwickelt.

FürSolidarität die Politische Philosophie und die Politische Ethik sind Analysen praktischer Haltungen und sozialer Praktiken besonders dann interessant, wenn sie auf Gemeinschaft konstituierende Merkmale verweisen und mit der Überwindung von gesellschaftlichen Spannungen oder Konflikten in Verbindung gebracht werden. Toleranz und Solidarität werden als solche praktische Haltungen zur Herausforderung für die philosophische Reflexion, insofern Akteur:innen diese Haltungen angesichts weitreichender Unterschiede oder Gemeinsamkeiten zwischen Lebensentwürfen und Grundüberzeugungen einnehmen. Allerdings wird in der Reflexion über diese Haltungen ihr Vorliegen nicht nur konstatiert, sondern sie (...) werden unter bestimmten Voraussetzungen als moralisch gefordert, als Bezeichnung für Tugenden von Bürgern und politischen Praktiken oder als Vorzug eines politischen Gemeinwesens angesehen. (shrink)

Ein zentrales Erkenntnisinteresse der Theorie gemeinsamen Handelns liegt in der Analyse der Beziehungen zwischen gemeinsam Handelnden. In diesem Beitrag wird dafür argumentiert, diese Beziehungen als ontologische Beziehungen aufzufassen, insofern sie für die Verwirklichung genuin sozialer Eigenschaften und Fähigkeiten individueller Akteure konstitutiv sind. Diese Position des sozialen Externalismus wird als Kritik und Erweiterung von Michael Bratmans Theorie gemeinsamen Handelns entwickelt.

The World Health Assembly adopted the new International Health Regulations on May 23, 2005. The new IHR represent the culmination of a decade-long revision process and an historic development for international law and public health. The new IHR appear at a moment when public health, security, and democracy have become intertwined, addressed at the highest levels of government. The United Nations Secretary-General Kofi Annan, for example, identified IHR revision as a priority for moving humanity toward “larger freedom.” This article analyzes (...) the new IHR and their implications for global health and security in the 21st century.The WHA instructed the WHO Director-General to revise the IHR in 1995 because the Regulations did not provide an effective framework for addressing the international spread of disease. Doubts about the IHR's effectiveness had, however, been present long before 1995. The critiques identified the narrow scope of the regulations, the lack of compliance by states, and the absence of a strategy for responding to rapid changes in public health's global economic and technological environments. (shrink)

Two contemporary strategies in cadaver organ transplantation, both with the potential to affect significantly expanding organ transplant waiting list sizes, have evolved: elective ventilation and use of nonheart-beating donors. Both are undergoing a period of critical review. It is not clear how widely EV is practiced around the world. In Great Britain, the Royal Devon and Exeter Hospital was the first hospital to develop an EV protocol, in 1988, after which other British hospitals followed suit. In the 1980s, new NHBD (...) protocols of two distinct types were implemented worldwide, although both rely on death confirmed by traditional cardiopulmonary criteria. The first type involves the removal of organs immediately after death, the preeminent example being the University of Pittsburgh Medical Center Protocol. The second involves the perfusion and cooling of kidneys immediately following death and subsequent organ removal. Protocols of this type have sprung up in Holland, Great Britain, Italy, France, Spain, Japan, and the United States. (shrink)

The principle of alternate possibilities (PAP), making the ability to do otherwise a necessary condition for moral responsibility, is supposed by Harry Frankfurt, John Fischer, and others to succumb to a peculiar kind of counterexample. The paper reviews the main problems with the counterexample that have surfaced over the years, and shows how most can be addressed within the terms of the current debate. But one problem seems ineliminable: because Frankfurt''s example relies on a counterfactual intervener to preclude alternatives to (...) the person''s action, it is not possible for it to preclude all alternatives (intervention that is contingent upon a trigger cannot bring it about that the trigger never occurred). This makes it possible for the determined PAPist to maintain that some pre-intervention deviation is always available to ground moral responsibility. In reply, the critic of PAP can examine all the candidate deviations and argue their irrelevance to moral responsibility (a daunting prospect); or the critic can dispense with counterfactual intervention altogether. The paper pursues the second of these strategies, developing three examples of noncounterfactual intervention in which (i) the agent has no alternatives (and a fortiori no morally relevant alternatives), yet (ii) there is just as much reason to think that the agent is morally responsible as there was in Frankfurt''s original example. The new counterexamples do suffer from one liability, but this is insufficient in the end to repair PAP''s conceptual connection between moral responsibility and alternate possibilities. (shrink)

In this book, ten experts in philosophy of film explore the importance of transcendence for cinema as an art form in the films of the great directors, David Cronenberg, Karl Theodor Dreyer, Federico Fellini, Werner Herzog, Stanley Kubrick, David Lynch, Terrence Malick, Yasujiro Ozu, and Martin Scorsese.

Dramatic events involving dangerous microbes often focus attention on isolation and quarantine as policy instruments. The incident in May-June 2007 involving Andrew Speaker and drug-resistant tuberculosis joins other communicable disease crises that have forced contemplation or actual application of quarantine powers. Implementation of quarantine powers, which encompasses authority for both isolation and quarantine actions, is important not only for the handling of a specific event but also because the use of such authority provides a window on broader issues of public (...) health and the legal rules, ethical principles, and governance systems that support it. Debates about quarantine powers reflect political and social attitudes about public health that often tell us more about this policy endeavor than acts of isolation and quarantine themselves. (shrink)

In this study, academic optimism as an individual teacher belief was investigated. Teachers? self?efficacy beliefs were measured using the short form of the Teacher Sense of Efficacy Scale. One subtest from the Omnibus T?Scale, the faculty trust in clients subtest, was used to measure teachers? trust in students and parents. One subtest from the Organizational Climate Index was used to measure academic emphasis. Pupil Control Ideology was used to measure teachers? beliefs about classroom management. Constructivist teaching subscale of the Teacher?s (...) Belief Survey was used to measure teachers? instructional beliefs and practices. Organizational Citizenship Behaviour Scale was used to measure teachers? citizenship behaviour. Life Orientation Test was used to measure dispositional optimism. The findings indicated that teachers differed in the extent of their academic optimism. The findings also indicated that teacher?s sense of academic optimism is positively and significantly related to student?centred teaching, citizenship behaviour and dispositional optimism. The findings further indicated that student?centred teaching beliefs, dispositional optimism and citizenship behaviour emerged as significant predictors of individual teacher?s academic optimism. Lastly, the findings revealed that teaching phase is the only teachers? biographical variable that is a significant predictor of academic optimism. (shrink)

This is a contribution to an Author Meets Critics special issue on John Martin Fischer's _Our Fate: Essays on God and Free Will_.

Throughout the history of psychoanalysis, the study of creativity and fine art has been a special concern. _Psychoanalytic Studies of Creativity, Greed and Fine Art: Making Contact with the Self_ makes a distinct contribution to the psychoanalytic study of art by focusing attention on the relationship between creativity and greed. This book also focuses attention on factors in the personality that block creativity, and examines the matter of the self and its ability to be present and exist as the essential (...) element in creativity. Using examples primarily from visual art_ David Levine_ explores the subjects of creativity, empathy, interpretation and thinking through a series of case studies of artists, including Robert Irwin, Ad Reinhardt, Susan Burnstine, and Mark Rothko. _Psychoanalytic Studies of Creativity, Greed and Fine Art_ explores the highly ambivalent attitude of artists toward making their presence known, an ambivalence that is evident in their hostility toward interpretation as a way of knowing. This is discussed with special reference to Susan Sontag’s essay on the subject of interpretation. Psychoanalytic Studies of Creativity, Greed and Fine Art contributes to a long tradition of psychoanalytically influenced writing on creativity including the work of Deri, Kohut, Meltzer, Miller and Winnicott among others. It will be of interest to psychoanalysts, psychoanalytic psychotherapists, historians and theorists of art. (shrink)

The adoption of the new International Health Regulations in May 2005 represents an historic development for international law and public health. This article describes the IHR revision process and analyzes why the new IHR constitute an advance in global health governance.

This symposium issue of the Journal of Law, Medicine & Ethics indicates that interest in public health law in the United States is enjoying a renaissance. The focus of the articles reflects this renaissance, as they explore the state of public health law in various contexts within the United States. Additionally, all but one of the symposium authors plies his or her trade at a university, institution, or government agency in the United States. My task here is different: I focus (...) on public health law within the context of international relations.Analyzing public health law with an international perspective proves no easy assignment. Examining the role of public health law in the proverbial global village takes the analysis out of the familiar territory of law operating within a single sovereign state. The analysis could take two forms. One could compare different national systems of public health law on specific issues. Such a comparative law approach would be interested in, for example, how the public health laws of the United States and South Africa differ in connection with regulating tobacco consumption. (shrink)

:War has broken out in the technological global economy, principally in battles over intellectual property. A particularly fierce aspect of this battle sets people who guard proprietary software against hackers, who want information to be free. The key challenge today is to produce an adequate conceptual lens for seeing what ethically is at stake in this battle. Toward this end, this paper uses the just war tradition to analyze differences between proponents of Free Software and proponents of Open Source Software. (...) This paper’s use of three just war criteria—Just Cause, Right Intention, and Discrimination—illustrates how the just war tradition can raise the level of ethical awareness about the intellectual property wars that continue to rage in the technological global economy.The division between the two [open source and free software] is often bitterly contested, both from inside and outside the communities. The holiest of holy wars are not fought over word processors, operating systems, or compilers. They are all about software licenses.—Joe Barr. (shrink)