Cela fait maintenant dix ans que Nicola Lacey nous a livré cette saisissante biographie de l’illustre juriste britannique H.L.A. Hart, intitulée A Life of H.L.A. Hart, the Nightmare and the Noble Dream. La tâche n’était pas aisée. D’une part, Hart est sans doute le juriste le plus lu du monde anglo-saxon, et comme certains ont pu le remarquer, il est parfois compliqué d’écrire sur Hart étant donné que tout le monde a débuté ses études de droit avec la lecture du (...) Concept de droit. Pour cette... (shrink)
The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the (...) applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)
For the last fifty years, the United States healthcare system has done an extremely poor job of delivering healthcare in a just and fair manner. The United States holds the dubious distinction of being the only industrialized nation in the world lacking provisions to ensure universal coverage. We attempt to provide some of the reasons this dysfunctional system has persisted and show that healthcare should not be a commodity. We begin with a brief historical overview of healthcare delivery in the (...) United States since WWII. This is followed by a critical analysis of the for-profit model including reasons to support the view that healthcare should not be a free market commodity. We also demonstrate how special interest groups have been able to win support for their practices based on propaganda rather than fact. A brief analysis of the Affordable Care Act is offered along with critical comments regarding its ineffectiveness. We conclude with a brief overview of international approaches that have resulted in universal coverage and suggest the United States ought to adopt an approach similar to those outlined so that it no longer stands as the only industrialized nation to ignore the glaring problems that exist. (shrink)
This study tested four theoretical models of leadership with data from the ethnographic record. The first was a game-theoretical model of leadership in collective actions, in which followers prefer and reward a leader who monitors and sanctions free-riders as group size increases. The second was the dominance model, in which dominant leaders threaten followers with physical or social harm. The third, the prestige model, suggests leaders with valued skills and expertise are chosen by followers who strive to emulate them. The (...) fourth proposes that in small-scale, kin-based societies, men with high neural capital are best able to achieve and maintain positions of social influence and thereby often become polygynous and have more offspring than other men, which positively selects for greater neural capital. Using multiple search strategies we identified more than 1000 texts relevant to leadership in the Probability Sample of 60 cultures from the Human Relations Area Files. We operationalized the model with variables and then coded all retrieved text records on the presence or absence of evidence for each of these 24 variables. We found mixed support for the collective action model, broad support for components of the prestige leadership style and the importance of neural capital and polygyny among leaders, but more limited support for the dominance leadership style. We found little evidence, however, of emulation of, or prestige-biased learning toward, leaders. We found that improving collective actions, having expertise, providing counsel, and being respected, having high neural capital, and being polygynous are common properties of leaders, which warrants a synthesis of the collective action, prestige, and neural capital and reproductive skew models. We sketch one such synthesis involving high-quality decision-making and other computational services. (shrink)
The current essay introduces the guidance theory of representation, according to which the content and intentionality of representations can be accounted for in terms of the way they provide guidance for action. The guidance theory offers a way of fixing representational content that gives the causal and evolutionary history of the subject only an indirect role, and an account of representational error, based on failure of action, that does not rely on any such notions as proper functions, ideal conditions, or (...) normal circumstances. Moreover, because the notion of error is defined in terms of failure of action, the guidance theory meets the “meta-epistemological requirement” that representational error should be potentially detectable by the representing system itself. In this essay, we offer a brief account of the biological origins of representation, a formal characterization of the guidance theory, some examples of its use, and show how the guidance theory handles some traditional problem cases for representation: the representation of fictional and abstract entities. Being both representational and actiongrounded, the guidance theory may provide some common ground between embodied and cognitivist approaches to the study of the mind. (shrink)
Reestablishing feelings of control after experiencing uncertainty has long been considered a fundamental motive for human behavior. We propose that rituals (i.e., socially stipulated, causally opaque practices) provide a means for coping with the aversive feelings associated with randomness due to the perception of a connection between ritual action and a desired outcome. Two experiments were conducted (one in Brazil [n = 40] and another in the United States [n = 94]) to evaluate how the perceived efficacy of rituals is (...) affected by feelings of randomness. In a between-subjects design, the Scramble Sentence Task was used as a priming procedure in three conditions (i.e., randomness, negativity, and neutral) and participants were then asked to rate the efficacy of rituals used for problem-solving purposes. The results demonstrate that priming randomness increased participants' perception of ritual efficacy relative to negativity and neutral conditions. Implications for increasing our understanding of the relationship between perceived control and ritualistic behavior are discussed. (shrink)
This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great (...) lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)
Traditional approaches to measurement of violations of academic integrity may overestimate the magnitude and severity of cheating and confound panic with planned cheating. Differences in the severity and level of premeditation of academic integrity violations have largely been unexamined. Results of a study based on a combined sample of business students showed that students are more likely to commit minor cheating offenses and engage in panic-based cheating as compared to serious and planned cheating offenses. Results also indicated there is a (...) significant interaction between severity and type of cheating. We hypothesized serious and planned cheating offenses would be related to justifications and found the largest differences were between panic and planned. Finally, panic and minor cheating were associated with two self-control-related personality traits. Implications for cheating research are discussed. (shrink)
Recent research has demonstrated that word learners can determine word-referent mappings by tracking co-occurrences across multiple ambiguous naming events. The current study addresses the mechanisms underlying this capacity to learn words cross-situationally. This replication and extension of Yu and Smith (2007) investigates the factors influencing both successful cross-situational word learning and mis-mappings. Item analysis and error patterns revealed that the co-occurrence structure of the learning environment as well as the context of the testing environment jointly affected learning across observations. Learners (...) also adopted an exclusion strategy, which contributed conjointly with statistical tracking to performance. Implications for our understanding of the processes underlying cross-situational word learning are discussed. (shrink)
Astroturf organizations are fake grassroots organizations usually sponsored by large corporations to support any arguments or claims in their favor, or to challenge and deny those against them. They constitute the corporate version of grassroots social movements. Serious ethical and societal concerns underline this astroturfing practice, especially if corporations are successful in influencing public opinion by undertaking a social movement approach. This study is motivated by this particular issue and examines the effectiveness of astroturf organizations in the global warming context, (...) wherein large corporate polluters have an incentive to set up astroturf organizations to undermine the importance of human activities in climate change. We conduct an experiment to determine whether astroturf organizations have an impact on the level of user certainty about the causes of global warming. Results show that people who used astroturf websites became more uncertain about the causes of global warming and humans’ role in the phenomenon than people who used grassroots websites. Astroturf organizations are hence successful in promoting business interests over environmental protection. In addition to the multiple business ethics issues it raises, astroturfing poses a significant threat to the legitimacy of the grassroots movement. (shrink)
As understanding of the human microbiome improves, novel therapeutic targets to improve human health with microbial therapeutics will continue to expand. We outline key considerations of balancing risks and benefits, optimising access, returning key results to research participants, and potential conflicts of interest.
This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
Recent trends in the philosophy of mind and cognitive science can be fruitfully characterized as part of the ongoing attempt to come to grips with the very idea of homo sapiens--an intelligent, evolved, biological agent--and its signature contribution is the emergence of a philosophical anthropology which, contra Descartes and his thinking thing, instead puts doing at the center of human being. Applying this agency-oriented line of thinking to the problem of representation, this paper introduces the Guidance Theory, according to which (...) the content and intentionality of representations can be accounted for in terms of the way they provide guidance for action. We offer a brief account of the motivation for the theory, and a formal characterization. (shrink)
In recent years, we have seen a new concern with ethics training for research and development professionals. Although ethics training has become more common, the effectiveness of the training being provided is open to question. In the present effort, a new ethics training course was developed that stresses the importance of the strategies people apply to make sense of ethical problems. The effectiveness of this training was assessed in a sample of 59 doctoral students working in the biological and social (...) sciences using a pre-post design with follow-up and a series of ethical decision-making measures serving as the outcome variable. Results showed not only that this training led to sizable gains in ethical decision making but also that these gains were maintained over time. The implications of these findings for ethics training in the sciences are discussed. (shrink)
As multilevel selection theory has gained greater acceptance over the past quarter-century, scientists and scholars have shown an increased interest in the theory's historical antecedents. Despite this interest, however, the early twentieth century remains largely unexplored. It is generally assumed that biologists thought "naively" about evolutionary dynamics during this era, and that their attempts to explain biological phenomena often lacked sophistication. Now that several recent works have called attention to the complex relationship between biological individuality and the levels of selection, (...) we believe it will prove instructive to revisit these early-twentieth-century biologists and reassess their criteria for biological individuality. Doing so reveals that they constructed a multilevel explanation of evolution that anticipated modern interpretations in several important ways. Though it is certainly true that most of these early biologists failed to recognize natural selection's pervasive agency, it is no less true that one of them, termite expert Alfred Emerson, artfully united the multilevel theory of "emergent evolution" with natural selection in a way that differs but little from the theory of multilevel selection that many scientists and scholars now promote. After reviewing the historical record, we place these early-twentieth-century biologists in their proper historical context, and we compare their interpretation of evolution with modern interpretations. (shrink)
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.