This is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. By their fidelity to the Constitution, Americans are a textual people in that they live (...) in and through the terms of a fundamental text. On the basis of this central idea, the book presents a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution. (shrink)

Top-down feedback does not benefit speech recognition; on the contrary, it can hinder it. No experimental data imply that feedback loops are required for speech recognition. Feedback is accordingly unnecessary and spoken word recognition is modular. To defend this thesis, we analyse lexical involvement in phonemic decision making. TRACE (McClelland & Elman 1986), a model with feedback from the lexicon to prelexical processes, is unable to account for all the available data on phonemic decision making. The modular Race model (Cutler (...) & Norris 1979) is likewise challenged by some recent results, however. We therefore present a new modular model of phonemic decision making, the Merge model. In Merge, information flows from prelexical processes to the lexicon without feedback. Because phonemic decisions are based on the merging of prelexical and lexical information, Merge correctly predicts lexical involvement in phonemic decisions in both words and nonwords. Computer simulations show how Merge is able to account for the data through a process of competition between lexical hypotheses. We discuss the issue of feedback in other areas of language processing and conclude that modular models are particularly well suited to the problems and constraints of speech recognition. Key Words: computational modeling; feedback; lexical processing; modularity; phonemic decisions; reading; speech recognition; word recognition. (shrink)

Abstract:Recent developments in personality research point to an alchemy of character composed of five elements: extroversion, agreeableness, conscientiousness, neuroticism, and openness to experience. This paper surveys this research for its implications to the study of the virtues in organizational ethics. After subjecting each of these five character traits to several tests as to what constitutes a virtue, the empirical evidence supports an organizational virtue of agreeableness and an organizational virtue of conscientiousness. Although the empirical evidence falls short, an argument is (...) mobilized on behalf of an additional organizational virtue of openness to experience. (shrink)

I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate a (...) corollary thesis, namely, that strength, broadly construed, is a necessary condition of resentment-worthiness. I argue that weakness can make resentment unfitting in two ways. First, weakness may prevent a wrongdoer from shifting the balance of social power. Second, a weak wrongdoer may do social damage but be so lowly that resentment, which would represent him as excessively strong, would be inapt. Finally, I consider how accepting the ecological view might affect our theorizing about moral responsibility and the ethics of blame. (shrink)

This book brings together the relevant interdisciplinary and method elements needed to form a conceptual framework that is both pragmatic and rigorous. By using the best, and often the latest, work in thanatology, psychology, neuroscience, sociology, physics, philosophy and ethics, it develops a framework for understanding both what death is - which requires a great deal of time spent developing definitions of the various types of identity-in-the-moment and identity-over-time - and the values involved in death. This pragmatic framework answers questions (...) about why death is a form of loss; why we experience the emotional reactions, feelings and desires that we do; which of these reactions, feelings and desires are justified and which are not; if we can survive death and how; whether our deaths can harm us; and why and how we should prepare for death. Thanks to the pragmatic framework employed, the answers to the various questions are more likely to be accurate and acceptable than those with less rigorous scholarly underpinnings or which deal with utopian worlds.. (shrink)

Classic studies of explanation, such as those of Hempel and Bromberger, took it for granted that an explanation-seeking question of the form "Why P?" should be understood as asking about the proposition P. This view has been recently challenged by Bas van Fraassen and Alan Garfinkel. They acknowledge that some questions have the surface form "Why P?", but they hold that a correct reading for why-questions should take the form "Why P (rather than Q)?", where Q is a contrasting alternative. (...) This contrast theory is discussed here. It is argued that, properly understood, the contrast theory and the propositional approach can and should give equivalent readings to why-questions. (shrink)

Contemporary philosophers of moral responsibility are in widespread agreement that we can only be blamed for actions that express, reflect, or disclose something about us or the quality of our wills. In this paper I reject that thesis and argue that self disclosure is not a necessary condition on moral responsibility and blameworthiness: reactive responses ranging from aretaic appraisals all the way to outbursts of anger and resentment can be morally justified even when the blamed agent’s action expresses or discloses (...) nothing significant about his or her “deep self,” judgments and cares, or the quality of his or her will. I argue that the self-disclosure requirement on responsibility overestimates the extent to which our blaming practices and responsibility judgments are responsive to agents as opposed to actions, and that this mistake has the potential to distort both our reactive responses and our understanding of blamed agents’ characters. (shrink)

Robert Nozick has suggested that risky actions are a problem for a moral view based on rights. We ordinarily think that some actions are too dangerous to be permissible, taking into account both the harm risked and the degree of the risk. Other actions, although they run some risk of serious harm, are thought permissible. The problem is to draw this distinction in a principled way by looking to rights.I think that Nozick's argument about risk can be answered but a (...) different argument has convinced me that the rights view cannot handle risk in a satisfactory way. The inability is a function of the basic nature of the view. (shrink)

Hospital ethics, familiar enough in practice but surprisingly neglected in the literature, deals with the ethical problems that arise distinctively or typically in hospitals. More precisely, it consists of the ethical principles that shouldgovern 1) the conduct of healthcare professionals and other staff in their capacities as members of the hospital as an institution, and 2) the conduct of the hospital itself as an institution. It is a species of institutional ethics, which focuses on the ethical problems created or significantly (...) shaped by the institutional setting in which they occur. (shrink)

Some of us believe in giving priority to people who are badly off in designing social policies and in acting ourselves to help others. As Thomas Nagel puts it, the badly off should be first in the queue when benefits are distributed. This idea is one way of explaining moral views that are called ‘egalitarian.’ Egalitarian moral views can depend either on the idea of valuing equality itself or on the idea of giving priority to the interests of the badly (...) off. This paper is concerned with the second kind of egalitarianism.The purest form of the idea explains the priority in this way: a benefit for someone badly off can be more important morally, or can have more value, than a benefit of the same size for someone better off. This is to suppose that the priority in question cannot be explained by thinking in utilitarian terms and accepting the principle of diminishing marginal utility. (shrink)

Abstract:This study explores a phenomenon that has been shown to adversely affect managers’ decisions—competitive irrationality. Managers are irrationally competitive in their decisions when they focus on damaging the profits of competitors, rather than improving their own profit performance. Studies by Armstrong and Collopy (1996) and Griffith and Rust (1997) suggest that the phenomenon is common but not universal. We examine the question of why some individuals exhibit competitive irrationality when making decisions, while others do not by focusing on four aspects (...) of moral philosophy—deontological orientation, cognitive moral development, idealism, and relativism. Results suggest that individuals high in deontological orientation, high in cognitive moral development, high in idealism, and low in relativism will be less competitively irrational than those who are not. (shrink)

In this paper, I argue that the principle of respect for autonomy can serve as the basis for laws that significantly limit conduct, including orders mandating isolation and quarantine. This thesis is fundamentally at odds with an overwhelming consensus in contemporary bioethics that the principle of respect for autonomy, while important in everyday clinical encounters, must be 'curtailed', 'constrained', or 'overridden' by other principles in times of crisis. I contend that bioethicists have embraced an indefensibly 'thin' notion of autonomy that (...) uproots the concept from its foundations in Kantian ethics. According to this thin conception, respect for autonomy, if unconditioned by competing principles (beneficence, justice, non-maleficence) would give competent adults the right to do anything they desired to do so long as they satisfied certain baseline psychological conditions. I argue that the dominant 'principlist' model of bioethical reasoning depends on this thin view of autonomy and show how it deprives us of powerful analytical tools that would help us to think seriously about the foundations of human rights, justice, and law. Then, I offer a brief sketch of a 'thick', historically grounded notion of autonomy and show what we could gain by taking it seriously. (shrink)

Abstract:Mentoring is an age-old process that continues to be practiced in most contemporary organizations. Although mentors are often heralded as virtuous agents of essential continuity, mentoring commonly results in serious dysfunctions. Not only do mentors too often exclude people different from themselves, but also the people they mentor are frequently abused in the process. Based on the conception of mentor as a quasi-professional, this paper lays out the ethical responsibilities of both parties in the mentoring process.

Digital technologies are changing our understanding of ethical emulation. In this article, Matthew Dennis proposes that some social media technologies have given rise to a strikingly new set of ethical ideals, often concerned with the ideal of self-cultivation. While there is relatively little philosophical discussion of these kinds of ideals, Dennis suggests that scrutiny of Friedrich Nietzsche's ethical philosophy offers a guiding account of why the ideal of self-directed character change is important. He concludes by speculating on how (...) the digital affordances of social media technologies will change the way in which ethical exemplars influence future generations. (shrink)

Sometimes we make decisions which affect our lives at times when we will hold values that are different from our values at the time the decision is made. What is the reasonable way to make such a choice? Some think we should accept a requirement of temporal neutrality and take both sets of values into account, others think we should decide on the strength of our present values, yet others think that in evaluating what will happen at that other time (...) we should use the values that we will endorse at that time instead of our present values. These views see the problem as one about finding some attitude towards time itself that is distinctively rational. This article argues that these views are subject to serious objections. It suggests that instead we should think in terms of well-being. If a person approves of, or positively responds to, the way their life is going they will experience more well-being than if there is no positive response. The article explores the implications of a positive response condition on well-being for deciding what it is rational to do in cases involving changing goals. (shrink)

Several writers have tried to describe the foundations of an egalitarian moral view. Their aim is to explain the way of thinking on which distinctively egalitarian conclusions depend. Egalitarianism is frequently located by reference to utilitarianism. The basic features of the utilitarian view are reasonably well understood and most of us find it at least plausible. Egalitarians want to show that their own view differs from the utilitarian view in some fundamental respect. They hope to convince us that the egalitarian (...) stand on that fundamental matter is at least as plausible as that of utilitarianism. (shrink)

Abstract:It is argued that virtuous peers in work organizations have two elements of character no matter what the nature of the goods the organization produces: loyalty to common projects for their own sake and trustworthiness. Each of these is shown to be a uniquely human attribute, an element of character that contributes to a life well lived, and a trait that leads to the flourishing of an entire work community.

ABSTRACT In its attempt to prove that voters, politicians, and bureaucrats are motivated by the public interest, Self-Interest and Public Interest in Western Politics overlooks a great deal of public-choice research, to which much has been added during the two decades since it was published. The importance of self-interest at both the micro and macro levels of politics becomes clear once one looks not simply at the ?inputs? of a democracy but at its ?outputs? as well. The prevalence of interest (...) groups, the dysfunction of the United States tax code, the lobbying by unions for their members? self-interest, the earmarks in the Patriot Act, the numerous cases of corruption in Western democracies, and the dissatisfaction of citizens with their governments? failings all point to the importance of self-interest in politics. (shrink)

Contemporary Kant-scholarship has a tendency to allign Kant’s understanding of depravity closer to Erasmus than Luther in their famous debate on the freedom of the will (1520–1527). While, at face value, some paragraphs do warrant such a claim, I will argue that Kant’s understanding of the radical evil will draws closer to Luther than Erasmus in a number of elements. These elements are (1) the intervention of the Wille for progress towards the good, (2) a positive choice for evil, (3) (...) the inscrutability of moral progress, (4) the rejection of prudence as a means for salvation and (5) the rejection of moral sentimentalism. I believe that Kant-scholarship mistakenly pegs Kant’s rational Enlightenment optimism for an existential optimism while Kant’s view of fallen nature draws closer to Lutheran than Erasmusian depravity. A tacit Lutheran influence pervades Kant’s moral philosophy which could explain the influence Kant’s has had on some more pessimistic 19th century philosophers such as Arthur Schopenhauer and Friedrich Nietzsche. (shrink)

Aristotle is often credited with views about practical reasoning, desire, and action collectively referred to as the theory of the practical syllogism.Some commentators are skeptical about the existence of any such general theory, but most would agree that a theory of some sort is outlined in the De Motu Animalium and that it influences Aristotle’s account of akrasia in the icomachean Ethics.This paper will begin by describing the most important ideas in the De Motu Animalium discussion of the practical syllogism. (...) The ideas are simple but I think that their implications and philosophical importance have not been appreciated. I will suggest that the practical syllogism is Aristotle’s model for the rational explanation of action. Other commentators have made this claim, but I think that it can be given a very precise sense. Aristotle thinks that an action can be rationally explained if the agent acts in response to the strength of the reasons that he sees for acting. The practical syllogism is an argument that expresses the reasons in favor of the action, so if the agent acts for those reasons the action is explained by the practical syllogism. The second part of the paper considers the work that the practical syllogism does in Aristotle’s account of akrasia. I will argue that in akrasia—at least in the most extreme kind of akrasia—the agent acts intentionally to satisfy a desire but the action cannot be explained by a practical syllogism. Aristotle distinguishes between explanation by the motivational strength of desires and explanation by a practical syllogism. The last part of this paper comments on David Charles’s interpretation of Aristotle’s views about desire, practical reason, and akrasia. Charles discusses the traditionally disputed questions in a provocative way, and more importantly his suggestions fit together into a complex and philosophically sophisticated reading of Aristotle. I disagree with his most important claims, but I can best explain and defend my own interpretation by contrasting it with his. (shrink)

I very much enjoyed reading and thinking about Krister Bykvist's interesting and carefully written paper. My comments will not be criticisms. I will not challenge the conclusions the paper draws about the complicated examples of conflicts between preferences that it discusses. For example, I will not attempt to defend any of the views criticized in section IV of the paper. And I agree with the positive solution presented in section V, when that solution is characterized in the broadest possible way. (...) In cases where a choice that I must make now will create one or the other of two possible future ‘selves’ whose preferences would conflict over the question of which choice I should make, prudence tells me to create the self that will experience a higher level of well-being or welfare. (shrink)

There is a mental malaise creeping through the collective human mindset. Mass psychosis is becoming normalized. It is time to break free... One of the key problems facing human beings today is that we do not look after our minds. As a consequence, we are unaware of the malicious impacts that infiltrate and influence us on a daily basis. This lack of awareness leaves people open and vulnerable. Many of us have actually become alienated from our own minds, argues Kingsley (...) L. Dennis. This is how manipulations occur that result in phenomena such as crowd behaviour and susceptibility to political propaganda, consumerist advertising and social management. Mass psychosis is only possible because humanity has become alienated from its transcendental source. In this state, we are prisoners to the impulses that steer our unconscious. We may believe we have freedom, but we don’t. Healing the Wounded Mind discusses these external influences in terms of a collective mental disease – the wetiko virus (Forbes), ahrimanic forces (Steiner), the alien mind (Castaneda), and the collective unconscious shadow (Jung). The human mind has been targeted by corrupt forces that seek to exploit our thinking on a grand scale. This is the ‘magician’s trick’ that has kept us captive within the social systems that both distract and subdue us. In the first part of this transformative book, the author outlines how the Wounded Mind manifests in cultural conditioning, from childhood onwards. In the second part, he examines how ‘hypermodern’ cultures are being formed by this mental psychosis and shaping our brave new world. In an inspiring conclusion, we are shown the gnostic path to freedom through connecting with the transcendental source of life. (shrink)