Seat belt mandates seem like a paradigmatic case of justified paternalism. Even those who generally object to paternalism often concede that seat belt laws are justified. Against this near-consensus in favor of mandates, I argue that seat belt laws are unjust and public officials should not enforce them. The most plausible exceptions to a principle of anti-paternalism do not justify seat belt mandates. Some argue that seat belt mandates are not paternalistic because unbelted riders are (...) not fully autonomous. Others claim that the decision to ride unbelted harms other people. Yet these attempts to defend seat belt mandates on non-paternalistic grounds cannot overcome the case against seat belt mandates. I therefore conclude that even seat belt mandates are unjust. With this comprehensive case against seat belt mandates, I demonstrate the more general difficulties in justifying any form of coercive paternalism. (shrink)

_ Source: _Page Count 24 Seat belt mandates seem like a paradigmatic case of justified paternalism. Even those who generally object to paternalism often concede that seat belt laws are justified. Against this near-consensus in favor of mandates, I argue that seat belt laws are unjust and public officials should not enforce them. The most plausible exceptions to a principle of anti-paternalism do not justify seat belt mandates. Some argue that seat belt mandates are not (...) paternalistic because unbelted riders are not fully autonomous. Others claim that the decision to ride unbelted harms other people. Yet these attempts to defend seat belt mandates on non-paternalistic grounds cannot overcome the case against seat belt mandates. I therefore conclude that _even_ seat belt mandates are unjust. With this comprehensive case against seat belt mandates, I demonstrate the more general difficulties in justifying any form of coercive paternalism. (shrink)

_Many people who stand to pee raise the toilet seat so that they have a larger target to aim at. However, if the seat is left in this position, any subsequent toilet user who defecates or pees sitting down will need to lower the seat. Some of us believe that this inconvenience should not be visited on those who pee sitting down, while others deny that there is anything wrong with leaving the toilet seat in the (...) position that you used it. This article offers the first scholarly defense of the seat-down norm. In so doing, it shows that recent claims that this norm would be unfair and inefficient are unwarranted_. _Keywords: _Toilet seats; Toilets; Bathrooms; Gender Inequality; Urination; Defecation; Expensive tastes; Stehpinkler; Sitzpinkler. (shrink)

Jocelyn Maclure | : Alan Patten’s Equal Recognition is a major contribution to the normative literature on minority rights. I nonetheless suggest that liberal culturalism as a normative theory, even in Patten’s sophisticated version, is ill suited to deal with the challenges related to the status of religion in the public sphere that are so prevalent in contemporary democracies. In addition, I submit that Patten did not supply a fully convincing answer to the argument that liberal egalitarianism, well understood, is (...) capacious enough to secure fair terms of social cooperation for members of cultural minorities, making the language of “cultural rights” and “cultural recognition” superfluous. | : Le livre Equal Recognition d’Alan Patten contribue de façon majeure aux travaux de philosophie politique sur les droits des minorités culturelles. Je suggère néanmoins que la théorie normative qu’est le « culturalisme libéral », y compris dans la version sophistiquée défendue par Patten, n’est pas outillée pour penser les omniprésents défis concernant le statut de la religion dans l’espace public. De plus, j’avance que Patten n’a pas été en mesure d’offrir une réponse pleinement satisfaisante à ceux qui soutiennent que l’égalitarisme libéral bien compris est en mesure d’offrir des termes de coopération sociale justes aux membres des minorités culturelles, sans devoir être complété par des « droits culturels » ou par le langage de la « reconnaissance » des cultures. (shrink)

In Barnett and Block (J Bus Ethics 88(4):711–716, 2009a), the present authors claim that borrowing short and lending long is fraudulent, and thus ought to be prohibited on legal grounds. Bagus and Howden (J Bus Ethics 90(3):399, 2009) take issue with our ethical analysis. The present paper is our response to these authors; it is an attempt to defend Barnett and Block (J Bus Ethics 88(4):711–716, 2009a) against the very interesting and important, although we believe, erroneous, criticisms of Bagus and (...) Howden (J Bus Ethics 90(3):399, 2009). (shrink)

We stipulate, arguendo, that fractional-reserve-demand deposit banking is per se fraudulent. We ask whether or not time deposit banking can also be illicit, and answer in the positive, if there is a mismatch between the time dimensions of deposits and loans. To wit, if an intermediary borrows short and lends long.

Whereas previous studies have criticized low-quality products for inadequate safety, this paper considers only safe products, and it examines the ethics of designing and selling low-quality products. Product quality is defined as suitability to a general purpose. The duty that companies owe to consumers is summarized in the Consumer-Oriented Process principle: “to place an increase in the consumer’s quality of life as the primary goal for producing products.” This principle is applied in analyzing the primary ethical justifications for low-quality products: (...) availability and applicability. Finally, a low-quality product should be designed afresh, not by altering an existing high-quality product. (shrink)

El objetivo de nuestro trabajo está en exponer el punto final de la argumentación de Foucault acerca del cuidado de si cristiano ( epimeleia ton allon ), demostrando que la epimeleia ton allon cristiana está muy relacionada a la modalidad de gobierno de las almas y de los cuerpos que Foucault denomina de pastorado cristiano. Intentaremos demonstrar como la recusa de Foucault en aceptar una auténtica epimeleia heautou cristiana resulta en un inevitable vínculo de ésta con el nacimiento de la (...) biopolítica moderna. Estamos dispuestos a evidenciar que era inevitable, para Foucault, hacer dichas consideraciones y llegar a esta conclusión, uniendo en una misma línea epimeleia ton allon cristiana, gobierno pastoral y biopolítica moderna. En el trascurso de nuestro texto, utilizaremos los argumentos de Agamben, expuestos principalmente en su obra El reino y la gloria , en la cual él trata del cruce de dos paradigmas: teología política y economía política. (shrink)

Lawyers and the legal system have been much criticized in recent years. Despite popular perceptions, the legal system contains numerous mechanisms and rules designed to ensure fair results. This paper shows how the legal system tries to implement, in commercial transactions, the ethical principles of truthfulness and fairness. The Anglo-American development of Equity Courts is reviewed briefly. Several examples of the Law's enforcement of ethical principles are presented, in four different legal areas: Contracts, Securities, Goods, and Real Estate. The intent (...) here is to present an overview of the problem, with area-specific illustrations, rather than a comprehenisve examination of the cases in just one area. (shrink)

In this essay, I trace the enabling conditions for the major statement of the subversive subtext in Bilhaṇa’s Vikramāṅkadevacarita (VDC) by unpacking the operation of the work’s patent, eulogistic text. In particular, I will explore the place given to the depiction of male intimacy as a poetic substitute or simulacrum for the political alliances central to Vikramāditya’s coming to the throne, as described in the mahākāvya’s fourth through sixth sargas . My intention in focusing on the intense friendships between men (...) is to highlight a significant rhetorical strategy of Bilhaṇa’s, which allowed the poet both to introduce and to buffer the poem’s most explicit statement of his skepticism towards royal power. It is this charged affective theme—one that occupied only a tenuous position within the regnant critical discourse of literary emotion at the time—that sets up Bilhaṇa’s most powerful and explicit denunciation of kingship. The explicit theme of royal praise and the subtext of its denunciation can thus be seen as contrapuntally related, which goes some way towards explaining how the court poet was able to successfully carry off his potentially incendiary literary project. (shrink)

The paper interprets Nietzsche’s description of authentic human person.Based on the works of Nietzsche, commentaries and philosophical interpretationsof various authors, authentic human person evolves into a superman by usingthe principles of discipline and mastery of oneself. His authenticity, however,requires persistence, courage and strength to endure many forms of sufferingsand to overcome alienation brought about by his environment. Otherwise,man would become slave of his desires or alien to his own powers, talents andcapacities. Thus, Nietzsche’s thought of superman is an invitation to (...) overcomeoneself, the self that is influenced by the non-self or factors outside one self. Itis only possible by using the will to power. The will to power of man overcomesthe influences of the world’s modernization and industrialization that alienateshim to his true self, and this true self is best expressed by his will to power. Onthis note, the author suggests that the readers must use their potentials to face up to challenges of this new era. Keywords: Philosophy, language and literature, emergence, authentic human person,philosophy of the superman, authenticity, alienation, morality, descriptivedesign, Philippines. (shrink)

Henri Delacroix is a French philosopher, religious scholar and psychologist, a student and follower of Bergson. He began his activity with the study of mysticism. Following the thesis “An Essay on Speculative Mysticism in Germany in the 14th Century”, where the author analyzed the teachings of Meister Eckhart and the associated intellectual movement, he published several other works where he examined other historical and national forms of mysticism. Describing different types of mystical intuition, conducting a detailed psychological analysis, Delacroix interpreted (...) the higher forms of mystical experience, contrary to the opinions of some researchers, as an expression of deep inner life and not as a special type of neurosis. His work Studies in the History and Psychology of Mysticism: the Great Christian Mystics was highly appreciated by contemporaries, and the approach he proposed to this subject gradually gained recognition and became classical. In his philosophical and psychological works, Delacroix acted as an opponent of associationism and mental atomism. He developed the treatment of consciousness as an entity, considering the various forms and manifestations of consciousness and the unconscious in their interconnection and mutual influence. He paid special attention to the relationship between language and thinking as well as child psychology and the psychology of art. In his book Language and Thinking, Delacroix, relying on the concept of F. de Saussure, developed the distinction of language and speech proposed by the latter. (shrink)