This is a new edition of Joseph Fletcher's 1966 work that ignited a firestorm of controversy at the time of its publication.

This chapter is divided into three parts. First I outline what makes something an objective list theory of well-being. I then go on to look at the motivations for holding such a view before turning to objections to these theories of well-being.

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S3-S11, March‐April 2022.

This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.

At the beginning of his Metaphysics, Aristotle attributed several strange-sounding theses to Plato. Generations of Plato scholars have assumed that these could not be found in the dialogues. In heated arguments, they have debated the significance of these claims, some arguing that they constituted an 'unwritten teaching' and others maintaining that Aristotle was mistaken in attributing them to Plato. In a prior book-length study on Plato's late ontology, Kenneth M. Sayre demonstrated that, despite differences in terminology, these claims correspond (...) to themes developed by Plato in the Parmenides and the Philebus. In this book, he shows how this correspondence can be extended to key, but previously obscure, passages in the Statesman. He also examines the interpretative consequences for other sections of that dialogue, particularly those concerned with the practice of dialectical inquiry. (shrink)

It is widely agreed among broadly Anselmian theists that God is in some sense the 'delimiter of possibilities.' In other words, the scope of possibility is explained by the manner in which the universe emanates from God. However, existing accounts of God's role here—in terms of freedom, choice, or power—face serious difficulties. The present paper provides a new account of God's role as the delimiter of possibilities in terms of the different manner in which the non-actuality of non-actual states of (...) affairs is explained. Intuitively and metaphorically, we can think of the menu of states of affairs being 'whittled down' in successive stages of a process of divine decision-making, with the different species of impossibility corresponding to when and how the states of affairs are ruled out. I argue that this approach provides genuine contingency while also preserving the Principle of Sufficient Reason. (shrink)

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...) have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. (shrink)

00 In this innovative analysis, Plato's four eleatic dialogues are treated as a continuous argument. In Kenneth Dorter's view, Plato reconsiders the theory of forms propounded in his earlier dialogues and through an examination of the theory's limitations reaffirms and proves it essential. Contradicted are both those philosophers who argue that Plato espoused his theory of forms uncritically and those who argue that Plato in some sense rejected the theory and moved toward the categorical analysis developed byAristotle. Dorter's reexamination (...) of Plato's insights implies an important new direction for modern philosophical inquiry. In this innovative analysis, Plato's four eleatic dialogues are treated as a continuous argument. In Kenneth Dorter's view, Plato reconsiders the theory of forms propounded in his earlier dialogues and through an examination of the theory's limitations reaffirms and proves it essential. Contradicted are both those philosophers who argue that Plato espoused his theory of forms uncritically and those who argue that Plato in some sense rejected the theory and moved toward the categorical analysis developed byAristotle. Dorter's reexamination of Plato's insights implies an important new direction for modern philosophical inquiry. (shrink)

Recent national calls for ethical, legal, and social implications (ELSI) research to “assess and address how ethical, historical, social, economic, legal, regulatory, socio-cultural, and contextual...

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

The Covid‐19 pandemic has revealed myriad social, economic, and health inequities that disproportionately burden populations that have been made medically or socially vulnerable. Inspired by state and local governments that declared racism a public health crisis or emergency, the Anti‐Racism in Public Health Act of 2020 reflects a shifting paradigm in which racism is considered a social determinant of health. Indeed, health inequities fundamentally rooted in structural racism have been exacerbated by the Covid‐19 pandemic, which calls for the integration of (...) antiracist praxis to promote ethical public health research processes. This commentary describes ways in which antiracist praxis—which emphasizes empowerment of traditionally marginalized populations—offers strategies to explicitly address power imbalance, stigmatization, and other consequences of structural racism in public health research. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...) yoga, and bhakti paradigms serve as starting points for bringing Hindu--particularly Vaishnava Hindu--animal ethics into conversation with contemporary Western animal ethics. The author argues that a culture of bhakti--the inclusive, empathetic practice of spirituality centered in Krishna as the beloved cowherd of Vraja--can complement recently developed ethics-of-care thinking to create a solid basis for sustaining all kinds of cow care communities. (shrink)

Scholars have long puzzled about how to reconcile the proposal in Republic V that women should share the education and work of men, including ruling, with the deeply misogynistic comments found in the Republic and throughout Plato’s corpus. Even those who doubt that the proposal represents a sincere recognition of the women’s equality with men must provide a plausible explanation for this radical departure from the norms of Plato’s day. Taking inspiration from Annie Larivée’s application of Michèle Le Doeuff’s notion (...) of déshérence to the Republic and the Politicus, I argue that a new appreciation of the importance of childrearing motivates the reimagination of women’s work in the Republic. On this reading, the transformation of childrearing from a private undertaking of mostly women to a shared responsibility of the city as a whole protects young children from moral corruption at the hands of uneducated and morally inferior mothers and nurses. (shrink)

ABSTRACT:In 2010,Business Ethics Quarterlypublished ten articles that considered the potential contributions to business ethics research arising from recent scholarship in a variety of philosophical and social scientific fields (strategic management, political philosophy, restorative justice, international business, legal studies, ethical theory, ethical leadership studies, organization theory, marketing, and corporate governance and finance). Here we offer short responses to those articles by members ofBusiness Ethics Quarterly’s editorial board and editorial team.

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent (...) legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice. (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

Argues that the explanation of man's social and cultural differences is best defined by history, not human biology, maintaining that humans shape their social lives by their historical activities.

For all contract theorists, including Kant, political legitimacy is based upon the consent of the governed. The differences amongst them begin to emerge when we inquire into the motivations and considerations which lead up to the agreement. For Kant, consent to the social contract is not based upon considerations of rational self-interest or prudence, nor upon a natural right to self-preservation and the guarantee of absolute property rights, but upon a moral obligation to institutionalize and make peremptory in a social (...) contract property rights that in the state of nature have only a provisional character. Whether this approach ultimately makes the idea of a voluntary agreement superfluous is a question I will address below. First I would like to consider the unique status Kant assigns to property rights in his theory of the social contract. This status has for the most part not been observed in the secondary literature, and Kant has even been accused of falling behind the achievements of Locke and Rousseau by grounding property rights on an element of brute force. However, since Kant himself espoused a labor theory of property rights in his earlier writings, it is important to consider carefully the basis for its subsequent rejection in the Rechtslehre. Further, since Kant’s theory of property rights constitutes an alternative to Locke, it may be possible to find within the contract tradition an alternative to the view of property rights found in some of its contemporary versions. (shrink)

Although computation and the science of physical systems would appear to be unrelated, there are a number of ways in which computational and physical concepts can be brought together in ways that illuminate both. This volume examines fundamental questions which connect scholars from both disciplines: is the universe a computer? Can a universal computing machine simulate every physical process? What is the source of the computational power of quantum computers? Are computational approaches to solving physical problems and paradoxes always fruitful? (...) Contributors from multiple perspectives reflecting the diversity of thought regarding these interconnections address many of the most important developments and debates within this exciting area of research. Both a reference to the state of the art and a valuable and accessible entry to interdisciplinary work, the volume will interest researchers and students working in physics, computer science, and philosophy of science and mathematics. (shrink)

In the Introduction to the Treatise concerning the Principles of Human Knowledge, Berkeley attacks the “received opinion that language has no other end but the communicating our ideas, and that every significant name stands for an idea” (PHK, Intro §19). How far does Berkeley go in rejecting this ‘received opinion’? Does he offer a general theory of language to replace it? If so, what is the nature of this theory? In this chapter, I consider three main interpretations of Berkeley's view: (...) the modified ideational theory, the speaker intentions theory, and the use theory. I argue that the use theory does, and its competitors do not, make sense of Berkeley's remarks on language in both the earlier and later works. (shrink)

About this book Mr. Burke contributes an introductory and summarizing remark, "What is involved, when we say what people are doing and why they are doing it?

Abstract As religious-environmental awareness in the United States becomes more widespread, many faith-based institutions find themselves unaware of the range of environmental actions that they can take, and methods for organizing their efforts for greatest impact. This essay conceptualizes Spirit, Stewardship, and Justice as organizing values for understanding religious-environmental efforts. The essay then reviews environmental action steps that faith-based institutions can take, including the integration of environmental focus into worship, religious education, spiritual practices, energy and water conservation, food practices, waste (...) management, toxics reduction, environmental justice education, alliance building, advocacy, and community organizing. The essay concludes with a review of research on community-based social marketing and organizational transformation, offering these as methods for increasing the impact of religious efforts to address energy and protect the environment. (shrink)

As critic, Kenneth Burke's preoccupations were at the beginning purely esthetic and literary; but afterCounter-Statement(1931), he began to discriminate a ...

This paper examines Pierre Hadot’s philosophy as a way of life in the context of race. I argue that a “way of life” approach to philosophy renders intelligible how anti-racist confrontation of racist ideas and institutionalized white complicity is a properly philosophical way of life requiring regulated reflection on habits – particularly, habits of whiteness. I first rehearse some of Hadot’s analysis of the “way of life” orientation in philosophy, in which philosophical wisdom is understood as cultivated by actions which (...) result in the creation of wise habits. I analyze a phenomenological claim about the nature of habit implied by the “way of life” approach, namely, that habits can be both the cause and the effect of action. This point is central to the “way of life” philosophy, I claim, in that it makes possible the intelligent redirection of habits, in which wise habits are more the effect than simply the cause of action. Lastly, I illustrate the “way of life” approach in the context of anti-racism by turning to Linda Martín Alcoff’s whiteness anti-eliminativism, which outlines a morally defensible transformation of the habits of whiteness. I argue that anti-racism provides an intelligible context for modern day forms of what Hadot calls “spiritual exercises” insofar as the “way of life” philosophy is embodied in the practice of whites seeing themselves seeing as white and seeing themselves being seen as white. (shrink)

I'll say first why I write. It intrigues me, I wonder why I write. How it is that I write and why it's so important. I take this as an act of life. One thing that scares me as a writer is a Lari song “ndombi ku ndombi sadidi mukanda komanda diandi Matsoua Ndele.” That can be translated as “even a black can write, hey, things are progressing. “ In the beginning going to school was considered an enormous act, it (...) was civilization, it was the very center of civilization, and writing a letter for a black person, a poor black, was a grandiose thing. It was in Matsoua's time, in the forties, that people sang this song in the pool to make rubber. (shrink)

This accessible, original book is an exploration of the relevance of classical social theory in the contemporary world. It examines the work of Marx, Weber and Durkheim through the lens of new theoretical issues, such as the role of Empire, the problem of cultural differences, and the possibilities of democracy that are implicit in each theorist's perspective.

George Berkeley is one of the greatest and most influential modern philosophers. In defending the immaterialism for which he is most famous, he redirected modern thinking about the nature of objectivity and the mind's capacity to come to terms with it. Along the way, he made striking and influential proposals concerning the psychology of the senses, the workings of language, the aims of science, and the scope of mathematics. In this Companion volume a team of distinguished authors not only examines (...) Berkeley's achievements but also his neglected contributions to moral and political philosophy, his writings on economics and development, and his defense of religious commitment and religious life. The volume places Berkeley's achievements in the context of the many social and intellectual traditions - philosophical, scientific, ethical, and religious - to which he fashioned a distinctive response. (shrink)