Both moral and legal theory feature prominent talk about rights. Yet there is very little agreement about what rights are, about why we use rights in our moral or legal theories, or about what to do when there is a conflict between rights. This article surveys many of the popular theory for analysing rights and explaining their scope.

The article presents the conceptual groundwork for an understanding of the essentially improvisational dimension of human rationality. It aims to clarify how we should think about important concepts pertinent to central aspects of human practices, namely, the concepts of improvisation, normativity, habit, and freedom. In order to understand the sense in which human practices are essentially improvisational, it is first necessary to criticize misconceptions about improvisation as lack of preparation and creatio ex nihilo. Second, it is necessary to solve the (...) theoretical problems that derive from misunderstandings concerning the notions of normativity, habit, and freedom – misunderstandings that revolve around the idea that rationality is a form that is developed out of itself and thus works in a way similar to algorithms. One can only make sense of normativity, habit, and freedom if one understands that they all involve conflictual relationships with the world and with others, which in turn enables one to adequately take into account their constitutive connection to improvisation, properly understood. In outlining these conceptual connections, we want to prepare the foundations for an explanation of rational practices as improvisational practices. The article concludes by stating that human rational life is improvisatory because the conditions of human practice arise out of practice itself. (shrink)

Critical thinking and arguments -- What makes a good argument? -- Premises and conclusions -- Language -- Propositional arguments -- Categorical arguments -- Analogical arguments -- Statistical arguments -- Causal arguments -- Moral arguments -- Answers to selected exercises -- Reference guide.

This essay critically evaluates the claim that competition in medicine destroys the moral integrity of the traditional patient-physician relationship. The author argues that the traditional patient-centered ethic is indefensible on moral grounds, and that it should be jettisoned in favor of a fiduciary ethic. A fiduciary ethic is found to provide the best defensible account of the patient-physician relationship because it takes seriously the roles economic efficiency, competition, and respect for individual self-determination play in fashioning moral health care delivery. Keywords: (...) competition, patient-physician relationship, fiduciary ethic, patient-centered ethic CiteULike Connotea Del.icio.us What's this? (shrink)

New Essays on the Nature of Rights. Edited by Mcbride Mark.

In this paper, we develop an understanding of recognition in terms of individuals’ capacity for conflict. Our goal is to overcome various shortcomings that can be found in both the positive and negative conceptions of recognition. We start by analyzing paradigmatic instances of such conceptions—namely, those put forward by Axel Honneth and Judith Butler. We do so in order to show how both positions are inadequate in their elaborations of recognition in an analogous way: Both fail to make intelligible the (...) fundamental nexus between relations of recognition and individuals’ capacity for conflict. We then move on to reconsider aspects of Hegel's view of recognition—ones that, from our viewpoint, have been unjustly neglected in the debate about recognition: his focus on the constitution of relations of recognition in conflict and on the status of being an author of acts of recognition. On this basis, we then spell out in a more systematic way what we take to be a more convincing conception of recognition. This puts us in the position to gesture at some consequences of this conception in practical contexts, above all with regard to the justification, role and structure of political institutions. (shrink)

How is art both distinct and different from the rest of human life, while also mattering in and for it? This central yet overlooked question in contemporary philosophy of art is at the heart of Georg Bertram's new aesthetic. Drawing on the resources of diverse philosophical traditions – analytic philosophy, French philosophy, and German post-Kantian philosophy – his book offers a systematic account of art as a human practice. One that remains connected to the whole of life.

The concept of second nature promises to provide an explanation of how nature and reason can be reconciled. But the concept is laden with ambiguity. On the one hand, second nature is understood as that which binds together all cognitive activities. On the other hand, second nature is conceived of as a kind of nature that can be changed by cognitive activities. The paper tries to investigate this ambiguity by distinguishing a Kantian conception of second nature from a Hegelian conception. (...) It argues that the idea of a transformation from a being of first nature into a being of second nature that stands at the heart of the Kantian conception is mistaken. The Hegelian conception demonstrates that the transformation in question takes place within second nature itself. Thus, the Hegelian conception allows us to understand the way in which second nature is not structurally isomorphic with first nature: It is a process of ongoing selftransformation that is not primarily determined by how the world is, but rather by commitments out of which human beings are bound to the open future. (shrink)

We review both the aspects of values-related research that complicate ideations of what we ought to do, as well as the psychological impediments to forming beliefs about the way things are. We find that more traditional moral theories are without solid empirical footing in the psychology of human values. Consequently, we revise the notion of values to align with their socially symbolic utility in self-affirmation and reformulate our understandings of moral agency to allow for the practicalities of context, circumstance, and (...) connectedness. We close by discussing the research and practical implications for these revisions. (shrink)

We re-examine the construct of Moral Hypocrisy from the perspective of normative self-interest. Arguing that some degree of self-interest is culturally acceptable and indeed expected, we postulate that a pattern of behavior is more indicative of moral hypocrisy than a single action. Contrary to previous findings, our results indicate that a significant majority of subjects exhibited fair behavior, and that ideals of caring and fairness, when measured in context of the scenario, were predictive of those behaviors. Moreover, measures of Individualism/Collectivism (...) appear more predictive of self-interested behavior than out-of-context responses to moral ideals. Implications for research and practice are discussed. (shrink)

Abstract:By combining normative philosophy and empirical social science, we craft a research framework for assessing differential expectations embodied in normative conceptions of the economic social contract in the United States. We argue that there are distinct views of such a contract grounded in individualist and communitarian philosophical ideologies. We apply this framework to organizational downsizing, postulating that certain human resource practices, in combination with the respective ideological orientations, will affect perceptions of the justice of downsizing policies.

We test conformity-related values applying the value-pragmatics hypothesis by evaluating how personal values related to compliance moderate the relationships between situational factors and unethical decisions. We examine the direct and indirect effects of the values of traditionalism, conformity, and stimulation, as they combine with the situational factors of rewards and punishments in the person–situation interaction model. We find strong support for the value-pragmatics view of ethical decision making and further build support for the person–situation interaction model.

George W. S. Bailey. prove that mental phenomena in general are not self- intimating in sense (3). Armstrong's argument is based on two claims: (a) Introspective awareness and its objects are distinct existences. (b) If introspective awareness ...

George McClure offers here a far-reaching analysis of the role of consolation in Italian Renaissance culture, showing how the humanists' interest in despair, and their effort to open up this realm in both social and personal terms, signaled a shift toward a heightened secularization in European thought. Analyzing works by fourteenth-and fifteenth-century writers, from Petrarch to Marsilio Ficino, McClure examines the treatment of such problems as bereavement, fear of death, illness, despair, and misfortune. These writers, who evinced a belief (...) in the legitimacy of secular sadness, tried to forge a wisdom that in their view dealt more realistically with the art of living and dying than did the disputations of scholastic philosophy and theology. Arguing that consolatory concerns helped spur the revival of classical schools of psychological thought, McClure reveals that the humanists sought comfort from once-neglected troves of Stoic, Peripatetic, Epicurean, Platonic, and Christian thought. He contends that the humanists' pursuit of solace and their duty as consolers provided not only a forum but perhaps also an incentive for the articulation of prominent Renaissance themes concerning immortality, the dignity of man, and the sanctity of worldly endeavor. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Although social contracts theory has been applied to organizations (Donaldson & Dunfee, 1994), rarely has the theory been tested empirically. This article uses the traditions of communitarianism and individualism to instantiate an ideal-type economic social contract. We asked 269 subjects to complete the Ideological Orientation Scale and to make judgments on eight downsizing scenarios. Using social judgment theory, we assess the direct and indirect influences of ideology on judgments of fairness. Our findings suggest that ideology indeed shapes individual’s conceptions of (...) organizational fairness. (shrink)

In this significant new addition to moral theory, George Harris challenges a view of the dignity and worth of persons that goes back through Kant and Christianity to the Stoics. He argues that we do not, in fact, believe this view, which traces any breakdowns of character to failures of strength. When it comes to what we actually value in ourselves and others, he says, we are far more Greek than Christian. At the most profound level, we value ourselves (...) as natural organisms, as animals, rather than as godlike beings who transcend nature. The Kantian-Christian-Stoic tradition holds that if we were fully able to realize our dignity as Kantians, Christians, or Stoics, we would be better, stronger people, and therefore less vulnerable to character breakdown. _Dignity and Vulnerability_ offers an opposing view, that sometimes character breaks down not because of some shortcoming in it but because of what is good about it, because of the very virtues and features of character that give us our dignity. If dignity can make us fragile and vulnerable to breakdown, then breakdown can be benign as well as harmful, and thus the conceptions of human dignity embedded in the tradition leading up to Kant are deeply mistaken. Harris proposes a foundation for our belief in human dignity in what we can actually know about ourselves, rather than in metaphysical or theological fantasy. Having gained this knowledge, we can understand the source of real strength. (shrink)

Franz Boas, the major founding figure of anthropology as a discipline of America, came to the United States from Germany in 1886. Though this fact is widely known, the significance of Boas' roots in German intellectual tradition and late nineteenth century German anthropology remains obscure. The essays in Volkgeist a Method and Ethic explore the Germanic influences on Boasian anthropology and clarify their implications for the ethnographic practice that Boas promulgated.

My purpose in this essay is to provide a critical survey of arguments within recent analytic philosophy regarding the so-called “mind-body problem” with a particular view toward the relationship between these arguments and the philosophy of A.N. Whitehead (and Charles Hartshorne’s closely related views).1In course, I shall argue that Whitehead’s panexperientialist physicalism avoids paradoxes and difficulties of both materialist-physicalism and Cartesian dualismas advocated by a variety of analytic philosophers. However, and I believe that this point is not often sufficiently recognized, (...) analytic philosophy of mind is no monolith, and there are those who have found some form of panexperientialism to be attractive enough to merit serious consideration or even full-fledgedacceptance (David Chalmers, Thomas Nagel, Ralph Pred, William Seager, and Galen Strawson among them). A critical discussion of such thinkers should beincluded in any adequate survey of the relation between process panexperientialism and the analytic tradition. Moreover, the revisionary strain of the analyticaltradition which looks to natural science for its construction of worldviews (Broad, Russell, Bunge, Carnap, Quine, etc.) would move us in the direction of examining arguments concerning Whitehead’s view and contemporary empirical scientific considerations. (For a discussion of the basic nature of analytic philosophy and the descriptive and revisionary approaches contained within it, see my Process and Analysis, 5-9, 12-13, 57; and McHenry.) Here I shall argue that Whiteheadian panexperientialism very naturally accommodates important aspects of quantum theory, including the top-down causation involved in neuroplastic phenomena under a quantum mechanical interpretation of brain processes and in so-called Quantum Zeno Effect. The overall picture which emerges is that Whitehead’s position is (at the very least) a strongly plausible alternative in philosophy of mind.While I must confess that this essay can only represent the merest sketch—indeed an adequate treatment of the richly complex interpretive, comparative, and substantive philosophical issues here requires at the very least a monograph—I nonetheless hope to present a coherent and useful précis of major arguments and comparative conceptual relationships, especially for the reader who may not be readily familiar with this terrain. I thus hope that this essay will serve as a short expository and critical introduction to the interface between process and analytic philosophy of mind, and a presentation of the several theoretical advantages gained by listening to Whitehead’s theory as it connects with concerns of analytic philosophers.I shall proceed by first working though the main outlines of John Searle’s important and widely reaching “The Recent History of Materialism,” an essay which exposes critical flaws in a variety of materialist theories in ways which Whiteheadians should find especially fitting and congenial. I shall then examine defenses of dualism and the relation of Whitehead to such defenses, followed by a separate section on Chalmers, Nagel, and Pred. I will then consider a number ofimportant objections to process panexperientialism, including objections arising from the work of Jaegwon Kim and John Searle. I close with a discussion of thementioned empirical scientific arguments. (shrink)

It is the task of theology in every age to discover formulations of belief which are both traditionally and genuinely meaningful. The Book of Acts presents Jesus Christ, absent since his ascension, yet powerfully present in a complex of ways, which may be catalytically provocative for the thinking of faith today.

This essay set the stage for the 2003 Star Island conversation on “Ecomorality” by remembering the cosmic, geological, and ecological context in which we live. It reflects on the immense journey that matter and life have traveled from the beginning and reminds us that, throughout that journey, all that was and is emerged from a fertile mix of individual well-being and reciprocity. But to sense the meaning of the story and to know our place in it takes more than hearing (...) its broad outline. We need to remember the individual actors who have gone before us; to read their stories in particular places, like the rocks and ecosystems of Star Island; and to listen carefully for the meaning to be found in those actors and those places. Those stories, actors, and places invite us to sense the sacredness of our time and place and to reconsecrate our selves and our energies to developing an ethic that honors our common ancestry. (shrink)