This article examines the ethical issues raised by the pricing of priceless goods. Priceless goods are defined as ones that are widely held to have some special non-market value that makes them unsuited for buying and selling. One subset of priceless goods isprescription drugs—particularly life-saving and life-enhancing ones. Drug makers are under pressure to price their medicines responsibly, which means to restrain their prices (and profits). However, this article argues that it is precisely because life-saving and life-enhancing medicines are priceless (...) that it is especially urgent to leave companies free to charge market prices for them. (shrink)

This article examines the ethical issues raised by the pricing of priceless goods. Priceless goods are defined as ones that are widely held to have some special non-market value that makes them unsuited for buying and selling. One subset of priceless goods isprescription drugs—particularly life-saving and life-enhancing ones. Drug makers are under pressure to price their medicines responsibly, which means to restrain their prices (and profits). However, this article argues that it is precisely because life-saving and life-enhancing medicines are priceless (...) that it is especially urgent to leave companies free to charge market prices for them. (shrink)

In a commercial society, said Adam Smith, “every man becomes in some measure a merchant.” If Smith is right, what does that mean for the character of the society? This paper addresses the character forming effects of the market—and, specifically its impact on the “virtues.” There is a long tradition of viewing commerce as subversive of the virtues. In this view, the market is held to have legitimated the pursuit of narrow self-interest at the expense of social and civic obligations (...) and moral restraints. But, as Albert Hirschman has shown, many Enlightenment moralists saw commercial society as a moralizing force. Which view is right? This paper examines how many of the character traits that we commonly call virtues are rewarded— and so presumably reinforced and diffused—by the market. In this way, the market (as it were by a hidden hand) strengthens its own foundations and reproduces a moral culture that is functional to its own needs. (shrink)

In the canonical view of the corporation, management is the agent of the owners of the corporation-the stockholders-and, as such, has a fiduciary duty to manage the corporation in their best interests. Most business ethicists condemn this arrangement as morally indefensible because it fails to respect the right of other corporate constituencies or “stakeholders” to self-deterrnination. By contrast, the modern agency theory of the firm provides a defense of this arrangement on the grounds that it is the result of stakeholders’ (...) right to self-determination. This paper uses the exarnple of managers’ fiduciary duty to stockholders to argue that different normative judgrnents often mask empirical disagreements. (shrink)

In the canonical view of the corporation, management is the agent of the owners of the corporation-the stockholders-and, as such, has a fiduciary duty to manage the corporation in their best interests. Most business ethicists condemn this arrangement as morally indefensible because it fails to respect the right of other corporate constituencies or “stakeholders” to self-deterrnination. By contrast, the modern agency theory of the firm provides a defense of this arrangement on the grounds that it is the result of stakeholders’ (...) right to self-determination. This paper uses the exarnple of managers’ fiduciary duty to stockholders to argue that different normative judgrnents often mask empirical disagreements. (shrink)

Moralists tend to have a low opinion of self-interest. It is seen as force that has to be controlled or transcended. This essay tries to get beyond the bifurcation of human motivations into self-interest (which is seen as vicious or non-moral) and concern for others (which is virtuous). It argues that there are some surprising affinities between self-interest and morality. Notably the principal force that checks self-interest is self-interest itself. Consequently, self-interest often coincides with and reinforces the commands of morality (...) and promotes civility and consideration for others. Therefore it provides us with resources for constructing a more humane and civil society. (shrink)

Can we achieve greater fairness by reforming the corporation? Some recent progressive critics of the corporation arguethat we can achieve greater social justice both inside and outside the corporation by simply rewriting or reinterpreting corporate rulesto favor non-stockholders over stockholders. But the progressive program for reforming the corporation rests on a critical assumption,which I challenge in this essay, namely that the rules of the corporation matter, so that changing them can effect a lasting redistribution of wealth from stockholders to non-stockholders. (...) This essay uses a critique of the progressive reform program to argue that the rules ofthe corporation are distributively neutral. The corporation isn't rigged against non-stockholders, and changing its rules will not improve the bargaining power of non-stockholders. However, while the rules may be epiphenomenal from the standpoint of distributive justice, they can have substantial impacts on the corporation's efficiency. As a result, the proposed reforms may hurt the corporation's capacity to generate benefits for all the parties concerned. (shrink)

This paper examines recent communitarian writing about the market. Much of this work explains the loss of community in our times as a result of the expansion of the market and market values. As the market has invaded other domains, such as family andneighborhood, relationships there have become infected by the instability and transience that characterize market relations. Centralto this critique of the market is the view that the market is unable to sustain lasting commitments. This paper tests this hypothesis (...) byexamining the fate of the family—the paradigmatic case of commitment—in three separate historical periods when market orcommercial values were especially dominant. It then extends the analysis to two other component institutions of community—voluntaryand charitable activities. Finally, it examines institutions where so-called market values should presumably hold unchallenged sway,namely in the work place and the marketplace. The paper finds that communitarian values appear to thrive in market society. Instead ofbeing a juggernaut the market may be an endangered species. (shrink)

There is a growing literature that attempts to define the substantive rights of employees in the workplace, a.k.a. the duties of employers toward their employees. Following Nozick, this article argues that — so long as there is a competitive labor market — to set up a class of moral rights in the workplace invades workers' rights to freely choose the terms and conditions of employment they judge best.

What are international codes of conduct for? The broad support for such codes masks fundamental differences about their purpose. Corporations see codes of conduct as regimes for regulating their relations with their suppliers in developing countries and—not least—to counter negative publicity. For labor and human rights activists, on the other hand, codes of conduct are levers for forcing positive change in global labor and environmental standards. Here I consider two areas typically covered by codes of conduct—wages and child labor—and identify (...) some of the dangers of using codes to force change. If low wages or child labor are the result of poverty, and can’t be fixed by enlightened corporate policies, then codes will at best leave the underlying problems untouched and at worst will aggravate them. I conclude that we should be cautious about using codes to force higher standards. (shrink)

In a commercial society, said Adam Smith, “every man becomes in some measure a merchant.” If Smith is right, what does that mean for the character of the society? This paper addresses the character forming effects of the market—and, specifically its impact on the “virtues.” There is a long tradition of viewing commerce as subversive of the virtues. In this view, the market is held to have legitimated the pursuit of narrow self-interest at the expense of social and civic obligations (...) and moral restraints. But, as Albert Hirschman has shown, many Enlightenment moralists saw commercial society as a moralizing force. Which view is right? This paper examines how many of the character traits that we commonly call virtues are rewarded— and so presumably reinforced and diffused—by the market. In this way, the market (as it were by a hidden hand) strengthens its own foundations and reproduces a moral culture that is functional to its own needs. (shrink)

Ian Maitland defends sweatshop labor on the grounds that “A wage or labor practice is ethically acceptable if it is freely chosen by informed workers” (he calls his view “the Classical Liberal Standard,” CLS). I present several examples of economic exchanges that are mutually beneficial and satisfy the requirements of the CLS, but, nonetheless, are morally wrong. Maitland’s arguments in defense of sweatshops are unsuccessful because they depend on the flawed “CLS.” My paper criticizes Maitland’s arguments in (...) defense of sweatshops, but I do not claim that his conclusions are false—I do not claim to have shown that the labor practices Maitland defends are morally wrong. I argue that some of the disagreements about sweatshops between Maitland and his critics depend on disagreements about the answers controversial questions in ethical theory. In the absence of definitive answers to those questions , there are no decisive arguments for or against Maitland’s view about sweatshops. (shrink)

Professor Ian Maitland advances a version of utilitarianism, constrained by Robert Nozick’s minimal state, that finds no connectionbetween the pervasiveness of “market values,” which he gamely pursues, and the kind of problems that dominate our social scene. Inhis judgment, the prevailing tendency towards community or communitarian ends needlessly obstructs freedom, the overriding value of the libertarian-minimal state. When coupled with wrongheaded and perverse policies, communitarianism shackles the free market with crippling inefficiencies. This paper will interrogate Maitland’s characterization of (...) communitarianism, challenge his view that traditional values can be instrumentalized without harming community, and paint a more plausible and complex picture of thecommunitarian tendency. (shrink)

In this important new study Ian Hacking continues the enquiry into the origins and development of certain characteristic modes of contemporary thought undertaken in such previous works as his best selling Emergence of Probability. Professor Hacking shows how by the late nineteenth century it became possible to think of statistical patterns as explanatory in themselves, and to regard the world as not necessarily deterministic in character. Combining detailed scientific historical research with characteristic philosophic breath and verve, The Taming of Chance (...) brings out the relations among philosophy, the physical sciences, mathematics and the development of social institutions, and provides a unique and authoritative analysis of the "probabilization" of the Western world. (shrink)

Classical logic has been attacked by adherents of rival, anti-realist logical systems: Ian Rumfitt comes to its defence. He considers the nature of logic, and how to arbitrate between different logics. He argues that classical logic may dispense with the principle of bivalence, and may thus be liberated from the dead hand of classical semantics.

In this paper, I address the question of whether it is ever permissible to grant a request for physician-aid-in-dying (PAD) from an individual suffering from treatment-resistant depression. I assume for the sake of argument that PAD is sometimes permissible. There are three requirements for PAD: suffering, prognosis, and competence. First, an individual must be suffering from an illness or injury which is sufficient to cause serious, ongoing hardship. Second, one must have exhausted effective treatment options, and one’s prospects for recovery (...) must be poor. Third, the individual must be judged competent to request PAD. I argue that many cases of treatment-resistant depression meet the first two requirements. Thus, the key question concerns the third. I consider four features of depression that might compromise a person’s decision-making capacity. Ultimately, I conclude that PAD requests from depressed patients can be permissibly granted in some circumstances. (shrink)

This discussion paper continues the debate over risk‐related standards of mental competence which appears in Bioethics 5. Dan Brock there defends an approach to mental competence in patients which defines it as being relative to differing standards, more or less rigorous depending on the degree of risk involved in proposed treatments. But Mark Wicclair raises a problem for this approach: if significantly different levels of risk attach, respectively, to accepting and refusing the same treatment, then it is possible, on this (...) account, for a patient to be considered competent to accept, but not refuse, the treatment, or vice versa. I argue that this puzzle does not constitute a genuine problem for a risk‐related standard. To this end I focus on the situation where, of two mutually exclusive options, one is riskier, but offering more pronounced benefit, while the other is safer, but offering less benefit. I argue for this proposition: it can take far less insight to know that the safe option is good than to know that the risky option is better. Now say one is actually informed enough to know that the safe option is good, but not enough to know whether the risky option is better; in such a case one is competent to say yes to that first option (the safe one), but not to say yes to the other. (I argue in passing that Pascal's Wager can be interpreted as having precisely this deliberative structure.) I thus conclude that cases do indeed exist where one can be competent to say yes but not no, or vice versa; and that it is thus not an anomaly in the risk‐related standard that it entails the existence of such cases. (shrink)

Arguments strong enough to justify skeptical theism will be strong enough to justify the position that every claim about God is empirically unfalsifiable. This fact is problematic because that position licenses further arguments which are clearly unreasonable, but which the skeptical theist cannot consistently accept as such. Avoiding this result while still achieving the theoretical objectives looked for in skeptical theism appears to demand an impossibly nuanced position.

How to draw the line between depression-as-disorder and non-pathological depressive symptoms continues to be a contested issue in psychiatry. Relatively few philosophers have waded into this debate, but the tools of philosophical analysis are quite relevant to it. In this paper, I defend a particular answer to this question, the Contextual approach.On this view, depression is a disorder if and only if it is a disproportionate response to a justifying cause or else is unconnected to any justifying cause. I present (...) four objections to this approach and then defend it from them. Along the way, I explain why it matters whether we get this question right. (shrink)

The local food movement has been touted by some as a profoundly effective way to make our food system become more healthy, just, and sustainable. Others have criticized the movement as being less a challenge to the status quo and more an easily co-opted support offering just another set of choices for affluent consumers. In this paper, we analyze three distinct sub-movements within the local food movement, the individual-focused sub-movement, the systems-focused sub-movement, and the community-focused sub-movement. These movements can be (...) combined within any particular campaign or within the goals of any particular organization or individual activist, but they are nevertheless quite different from each other, and come out of different conceptualizations of what food, people, and locality are. We argue that most of the critiques leveled against local food are actually directed against the individual-focused sub-movement, which is most compatible with the current industrial food system, and perhaps not surprisingly receives the most mainstream attention. Further, we argue that while each movement has its own strengths and weaknesses, it is the community-focused sub-movement that has the most potential to radically transform the global food system. (shrink)

He concludes with an assessment of democracy's strengths and limitations as the font of political legitimacy. The book offers a lucid and accessible introduction to urgent ongoing conversations about the sources of political allegiance.

Bringing together important writings not easily available elsewhere, this volume provides a convenient and stimulating overview of recent work in the philosophy of science. The contributors include Paul Feyerabend, Ian Hacking, T.S. Kuhn, Imre Lakatos, Laurens Laudan, Karl Popper, Hilary Putnam, and Dudley Shapere. In addition, Hacking provides an introductory essay and a selective bibliography.

The task that Hume explicitly sets himself in 3.2 of the Treatise is to identify the motive that renders just actions virtuous and constitutes justice as a virtue. But surprisingly, he never provides a clear account of what this motive is. This is the problem of the missing motive. The goal of this paper is to explain this problem and offer a novel solution. To set up my solution, I analyze a recent proposal from Geoffrey Sayre-McCord and illustrate what it (...) gets right and what it gets wrong. I develop a solution that retains the benefits of his proposal while addressing its defects. The result is a significant advancement in our understanding of Hume’s theory of justice. (shrink)

Food Sovereignty is a vibrant discourse in academic and activist circles, yet despite the many shared characteristics between issues surrounding food and public health, the two are often analysed in separate frameworks and the insights from Food Sovereignty are not sufficiently brought to bear on the problems in the public health discourse. In this paper, I will introduce the concept of 'self-organised community viability' as a way to link food and health, and to argue that what I call the 'Health (...) Security' paradigm requires a 'Health Sovereignty' response modelled on Food Sovereignty. (shrink)

One serious harm facing communities in the Anthropocene is epistemic loss. This is increasingly recognized as a harm in international policy discourses around adaptation to climate change. Epistemic loss is typically conceived of as the loss of a corpus of knowledge, or less commonly, as the further loss of epistemic methodologies. In what follows, I argue that epistemic loss also can involve the loss of epistemic self-determination, and that this framework can help to usefully examine adaptation policies.

This paper concerns the attempt to formulate an empirical version of the problem of evil, and the attempt to counter this version by what is known as ‘sceptical theism’. My concern is to assess what is actually achieved in these attempts. To this end I consider the debate between them against the backdrop of William Rowe's distinction between expanded standard theism and restricted standard theism (which I label E and R respectively). My claim is that the empirical version significantly fails (...) to challenge E in the way that a workable logical version would; and that sceptical theism significantly fails to defend R in the way that a workable theodicy would. My conclusion is that sceptical theism and the empirical argument play a significantly more limited role in the debate over evil than the arguments they are supposed to replace. (Published Online August 11 2004). (shrink)

The third edition of this classic introduction to archaeological theory and method has been fully updated to address the rapid development of theoretical debate throughout the discipline. Ian Hodder and Scott Hutson argue that archaeologists must consider a variety of perspectives in the complex and uncertain task of "translating the meaning of past texts into their own contemporary language". While remaining centered on the importance of meaning, agency and history, the authors explore the latest developments in post-structuralism, neo-evolutionary theory and (...) phenomenology. Previous Edition Hb (1991): 0-521-40142-9 Previous Edition Pb (1991): 0-521-40957-8. (shrink)

Despite US policy documents which recommend that in areas of environmental risk, interaction between scientific experts and the public move beyond the so-called “Decide, Announce, and Defend model,” many current public involvement policies still do not guarantee meaningful public participation. In response to this problem, various attempts have been made to define what counts as sufficient or meaningful participation and free informed consent from those affected. Though defining “meaningfulness” is a complex task, this paper explores one under-examined dimension that concerns (...) the relationship between consent and the idea that citizens should be sufficiently informed: epistemic capacity. This paper will look at some of the work on meaningful participation and consent, give a definition of epistemic capacity, and argue that only a community with sufficient epistemic capacity can have the understanding and competence to give informed enough consent and thus participate meaningfully. (shrink)

Drawing out the 'unwritten' book on music from which Deleuze left many clues, but no manuscript, the essays in this volume explore what he said and thought about music and how music informed his thinking.

As a result of the stress of responding to the COVID-19 pandemic, nurses, doctors, and other healthcare workers have been expressing a great deal of frustration and anger, sometimes directed at patients who have chosen not to get vaccinated. This paper examines the moral status of such anger in light of philosophical treatments of anger's purpose, benefits, and drawbacks. A theory of appropriate anger is sketched, after which healthcare workers’ anger toward perceived patient wrongdoing is assessed in light of philosophical (...) considerations for and against anger. Ultimately, it is argued that it would be better for nurses and doctors not to experience this kind of anger, and this conclusion is used to motivate a moral case for additional support for overtaxed healthcare workers. (shrink)

This paper applies concepts Deleuze developed in his ‘Postscript on the Societies of Control’, especially those relating to modulatory power, dividuation and control, to aspects of Australian schooling to explore how this transition is manifesting itself. Two modulatory machines of assessment, NAPLAN and My Schools, are examined as a means to better understand how the disciplinary institution is changing as a result of modulation. This transition from discipline to modulation is visible in the declining importance of the disciplinary teacher–student relationship (...) as a measure of the success of the educative process. The transition occurs through seduction because that which purports to measure classroom quality is in fact a serpent of modulation that produces simulacra of the disciplinary classroom. The effect is to sever what happens in the disciplinary space from its representations in a luminiferous ether that overlays the classroom. (shrink)

This is an excellent textbook on classical social theory, concentrating on the founding thinkers of sociology - Marx, Weber, Durkheim, and Simmel - and written in an accessible and engaging style. It will become a key text allowing students to assess the enduring significance of these writers in our epoch of major social change, and will be essential reading on classical social theory, sociological theory, and introduction to sociology courses.

Sustainability is commonly recognized as an important goal, but there is little agreement on what sustainability is, or what it requires. This paper looks at some common approaches to sustainability, and while acknowledging the ways in which they are useful, points out an important lacuna: that for something to be sustainable, people must be willing to work to sustain it. The paper presents a framework for thinking about and assessing sustainability which highlights people working to sustain. It also briefly discusses (...) Integrated Water Resource Management and the example of the California Water Plan to explore what such a perspective brings that is overlooked in other approaches, and how this approach might be pursued. Ultimately, this framework argues that a system can only be described as sustainable if people’s work to sustain the system is biophysically possible, socially possible, and if people would freely choose to do the sustaining work. -/- Read More: http://ascelibrary.org.proxy1.cl.msu.edu/doi/abs/10.1061/%28ASCE%29WR.1943-5452.0000526. (shrink)

Research on mental health and illness presents a variety of unique ethical challenges. This article argues that institutional review boards (IRBs) can improve their reviews of such research by including the perspectives of individuals with the condition under study either as members of the IRB or as consultants thereto. Several reasons for including the perspectives of these individuals are advanced, with the discussion organized around a hypothetical case study involving the assessment of a novel talk-therapy modality. Having made this case, (...) the article goes on to explain how to implement the idea by building on a recent proposal by Rebecca Dresser, who argues in a number of publications for the inclusion of former research participants in the IRB review process. Finally, concerns about protecting reviewer and consultant confidentiality are addressed. (shrink)

This paper argues that it is problematic for the future of Deleuze studies that it is difficult if not impossible to answer the question ‘what is the right thing to do?’ from a Deleuzian perspective. It then argues that one of the key reasons Deleuze studies has made limited progress in this area is its over-emphasis on desire and the corresponding tendency to extrapolate ‘ought’ from ‘is’, which as Hume showed is a category mistake. It proposes that to develop a (...) workable ethical discourse from Deleuze's work we need to rethink how we read his work and approach it afresh. (shrink)

Though the Earth, and all inferior Creatures be common to all Men, yet every Man has a Property in his own Person. This no Body has any Right to but himself. The Labour of his Body, and the Work of his hands, we may say, are properly his. Whatsoever then he removes out of the State that Nature hath provided, and left it in, he hath mixed his Labour with, and joyned it to something that is his own, and thereby (...) makes it his Property. It being by him removed from the common state Nature placed it in, hath by his labour something annexed to it, that excludes the common right of other Men. For this Labour being the unquestionable Property of the Labourer, no Man but he can have a right to what that is once joyned to, at least where there is enough, and as good left in common for others. John Locke, Second Treatise of Government, section 27. (shrink)

Biopower is a prominent force in mental health, with psychiatry having a strong influential grasp across the areas of definition of mental disorders, diagnosis, care, treatment, and legislation. One area that impacts upon the everyday lives of community mental health service users is treatment, largely dominated by medication. This paper will explore biopower in relation to the practices and management of mental health service users’ medication regimens. Michel Foucault’s insistence in his later work that power is the product of bodily (...) forces will be drawn upon in highlighting the importance of undertaking analysis of medication regimens. Taking examples from a project focused on service user experience, the concept of ‘somatic enactment’ is suggested as a means through which to open up biopower to the localised concerns of service users with regard to the issue of managing one’s body on a day to day basis, as affected by medication. In doing so, the author seeks to move towards a notion of biopower that does not only work on a ‘top down’ manner, and in which processes of embodied subjectification can be illuminated, without recourse to a straightforward power-resistance framework. (shrink)

This paper develops an approach to analysing the importance of anticipations of the future on present actions in the lives of mental health service users, for whom sensing stability in the future is important as part of the recovery process. The work of Henri Bergson and Alfred North Whitehead is drawn upon to argue that temporality is understood spatially, and that past and future experience only exist in relation to their shaping of present activity. This process is produced spatially rather (...) than chronologically. Drawing on empirical work with community mental health service users the paper focuses on the home space as a key site for organising space in anticipation of future life. This involves analysing accounts of home making in which we see the role of anticipatory futures in the ordering of domestic space. The paper concludes by arguing that home spaces are a key site related to ongoing psychological well being, and that analysis of such spaces is important in terms of highlighting practices through which service users attempt to ‘make the future’. . (shrink)

Recent changes to the Common Rule have helped reduce regulatory burden on researchers conducting minimal risk research. However, in this paper, I propose a way of minimizing burden further within the existing confines of the current regulations. I focus my discussion on the newly created “benign behavioral interventions” category of exempt research, arguing that this exemption from the federal regulations governing research with human subjects should be more expansively interpreted by the Secretary's Advisory Committee on Human Research Protections (SACHRP) than (...) is currently the case. Specifically, I argue against the restriction, advocated by SACHRP, that the exemption exclude “physical (bodily) tasks” unless they are “incidental to the behavioral intervention.” This restriction, I argue, is problematically vague and does no significant moral work. Acceptance of my proposed reinterpretation of “benign behavioral interventions” would, I hope, result in a significant reduction in regulatory burden for minimal risk research. (shrink)