The thought of contemporary North American theologian and ethicist Wendy Farley is an unflinching clarion call to justice and compassion. Farley invites us to discover ways of embodying the deep compassion capable of resisting pernicious distortions and traumatizing injustices that harm and dehumanize us all. This volume of essays embodies her invitation to awaken as beloved community. And when we are overwhelmed by the magnitude of struggle and despair, Farley reminds us that the powerful longing of hope, at times against (...) all evidence, refuses to give up on seeking justice and wholeness. Compassionate justice, radical hospitality, creative liberation, and deep listening emerge as more than ethical values for Farley; they are expressions of erotic faith, a praxis of faithfulness born of divine desire. These writings explore transformative perspectives and practices that have the capacity to help us recover and author our identity as the "god-bearers" we are. Erotic faith embodies the love-seeking persistence of divine faithfulness necessary to transform us from within; it meets the truth of human harm, vulnerability, and suffering by offering a complex, struggling, unscripted creativity capable of remaking us, and our world, until the beloved community is whole. (shrink)

Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus (...) primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austin’s classic A Plea for Excuses, but expand on his account, suggesting that we offer excuses for reasons besides those he mentions. My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the rules of civility. (shrink)

Friends as well as foes of Kant have long been uneasy over his emphasis on duty, but lately the view that there is something morally repugnant about acting from duty seems to be gaining in popularity. More and more philosophers indicate their readiness to jettison duty and the moral 'ought' and to conceive of the perfectly moral person as someone who has all the right desires and acts accordingly without any notion that (s)he ought to act in this way. Elsewhere' (...) I have argued that such a picture of the perfectly moral person is flawed. In this paper I examine the claim that acting from duty is morally repugnant. There is some truth to this charge, but, I argue, the repugnance attaches not to acting from duty as such, but only to certain ways of acting from duty. In isolating the objectionable elements of acting from duty, I hope not only to vindicate the skeletal concept but also to offer illumination on the question of just how we should understand morally good conduct. (shrink)

It is widely agreed that the top three Model Penal Code culpability levels suffice for criminal liability, but the fourth is controversial. And it isn’t just the particular MPC wording; that negligence should be on the list at all is controversial. My question is: What makes negligence so different? What is it about negligence that gives rise to the view that it should not suffice for criminal liability? In addressing it, I draw attention to how we conduct the debate, and (...) how our framing of the issues is shaping it. My hope is to prompt thought and discussion on just what we want the element of mens rea to provide, and to draw attention to background assumptions that shape our views of what it should take for negligence to count as a species of mens rea. (shrink)

What is the relation between shame and shamelessness? It may seem obvious: shamelessness is simply the absence of shame. But on reflection, it becomes clear that the story is considerably more complicated. Michelle Mason's intriguing "On Shamelessness" prompts such reflection. Mason argues that we should be mindful of the "moral importance of shame" and "unapologetic in its defense", and she does so via an examination of shamelessness and an argument to the effect that shamelessness is a moral fault. The tacit (...) assumption is that insofar as shamelessness is a moral fault, the value of shame is vindicated. I challenge that assumption. (shrink)

Interfirm collaboration and trust are topics currently exciting research interest. The literature treats trust as a unitary concept, providing little understanding of those processes that create trust, or are employed by parties relying on trust. I suggest that two distinct forms of trust can be observed in economic exchanges: fragile trust and resilient trust. I define these kinds of trust, speculate on processes by which economic actors learn about them, and explore contexts in which they are likely to be relied (...) upon by economic actors. I conclude with a discussion of implications for practice and scholarship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:25 MORALITY AS A BACK-UP SYSTEM: HUME'S VIEW? The sense of duty is a useful device for helping men to do what a really good man would do without a sense of duty..... Nowell-Smith A certain picture of morality — arguably a Humean one — has come to have a prominent place in contemporary philosophy. On this picture, morality, as Richard Brandt asserts, is "a back-up system, which operates (...) when spontaneous personal caring fails 2 to motivate us to do as we ought." Morality — at least in the form of moral principles, whose force is felt through one's sense of duty — is, on this view, ideally superfluous. As a guide for one's own conduct it is needed only insofar as the agent's affective network is deficient. If one only spontaneously desired a, cared about b, cared for c, felt aversion towards d as, ideally, one should, moral principles and a sense of duty would be of no use. There are good reasons for supposing that this is Hume's view. After all, his characterization of acting from duty is more than a little disparaging: When any virtuous motive or principle is common in human nature, a person, who feels his heart devoid of that motive, may hate himself upon that account, and may perform the action without the motive, from a certain sense of duty, in order to acquire by practice, that virtuous principle, or at least, to disguise to himself,,as much as possible, his want of it. I will argue, however, that there is tension in Hume's ethics between two lines of thought. According to the first line of thought, and the one 26 usually associated with Hume, good conduct is conduct which is spontaneously prompted by virtuous desires. Unless our desires either are not what they should be or are motivationally weak, there is no need for mediation or tempering by a sense of duty or moral principles. According to the second line, the very good desires of a very good person may nonetheless need to be filtered, tempered, redirected or checked. This line is most evident in "Of the Origin of the Natural Virtues and Vices." Before arguing that these strains of thought are in tension in Hume's ethics, I need to clarify what is at issue and to develop the two competing pictures of moral motivation. First the issue. The issue is not 'Who is better: someone with a sense of duty but corrupt desires or someone with no sense of duty but ideal desires?' Nor is the issue one of the moral worth of actions ('Can an action have moral worth if it is not performed out of duty?') The issue, rather, is how to characterize morally good (or right) conduct. What role, if any, does a sense of duty or a Butlerian principle of reflection, i.e., an overarching, guiding conception of what is right or good which is 'juridically' supreme within the self, play in good conduct? Is morally good conduct ideally a matter of acting as one should from the proper desires? Or should the desires be governed and guided by moral principles? Consider two models of moral conduct. Model I: Morality as a Back-Up System On this picture, wrongness in conduct is traceable to an affective deficiency. The claim underlying this picture seems to be as follows: One 27 acts wrongly because one's passions are not quite what they should be. One person cheats in her business dealings because she cares too little about the welfare of others (and too much about her own); another is harsh and abrupt to a student because he cares too little about his students' concerns and is jealous and possessive when it comes to 'his time.' In each case the problem can be traced to an affective deficiency. Hume appears to be supporting this view when he asserts, "it may be establish'd as an undoubted maxim, that no act can be virtuous, or morally good, unless there be in human nature some motive to produce it, distinct from a sense of its morality' (T 479). A few pages later he writes, "[E]very immorality... (shrink)

This paper provides evidence for the following novel insights: (1) People’s economic decisions depend on their psychological motives, which are shaped predictably by the social context. (2) In particular, the social context influences people’s other-regarding preferences, their beliefs and their perceptions. (3) The influence of the social context on psychological motives can be measured experimentally by priming two antagonistic motives—care and anger—in one player towards another by means of an observance or a violation of a fairness norm. Using a mediation (...) approach, we find that the care motive leads to higher levels of cooperation which are driven by more optimistic beliefs, a different perception of the game as well as by a shift towards more pro-social preferences. (shrink)

Community acts of material signification are an important form of sculpture that occur through an exchange of human and non-human agents. First these acts of sculpture are discussed in relation to extended mind, the morphogenic model of making, material engagement theory and entanglement to frame how humans shape the world as collaborators with non-humans by extending mind through material. I then discuss various acts of community material accumulation that I consider sculpture, skateboarding and clay forming as evidence of extended mind, (...) comparison of the morphogenic to the hylomorphic model of making, occurrences of materials affecting other materials absent of human intervention and my recent participatory installation Stone Fruit. These topics are used to present a lens for understanding the production of sculpture as a collaboration with opposed to dictation on systems of materials, places and people. This lens, in turn, presents community sites of material accumulation to be an important form of sculpture production. (shrink)

The late Dr. Stutterheim, Government Archeologist in Java, used to tell the following story: Somewhat before the advent of the white man, there was a storm on the Javanese coast In the neighborhood of one of the capitals. After the storm the people went down to the beach and found, washed up by the waves and almost dead, a large white monkey of unknown species. The religious experts explained that this monkey had been cast out by the god whose anger (...) was expressed in the storm. The Rajah gave orders that the white monkey from the sea should be kept alive, chained to a certain stone. This was done. Dr. Stutterheim told me that he had seen the stone and that roughly scratched on it in Latin, Dutch, and English were the name of a man and a statement of his shipwreck. Apparently this trilingual sailor never established verbal communication with his captors. He was surely unaware of the premises in their minds which labelled him as a white monkey and therefore not a potential recipient of verbal messages: it probably never occurred to him that they could doubt his humanity. He may have doubted theirs. 1. (shrink)

Confronting crucial and difficult issues, the ten authors whose essays appear in this volume offer fresh perspectives on the nature and value of altruism. This collection of essays on moral philosophy deal with the balance to be struck between egoism and altruism - that is, between pursuing one's own interests and serving the interest of others - and with related issues. Contributions examine the relationship between altruism and rationality; consider cases in which one's personal needs and goals may legitimately be (...) given priority over the needs of others; question whether, and under what conditions, we may properly be forced to serve others' interests; and examine the role government should play in regulating our interactions. (shrink)

The essays in this volume, first published in 2000, explore questions about democracy that are relevant to political philosophy and political theory. Some essays discuss the appropriate ends of government or examine the difficulties involved in determining and carrying out the will of the people. Some address questions relating to the kinds of influence citizens can or should have over their representatives, asking, for example, whether individuals have a duty to vote, or whether inequalities in political influence among citizens can (...) be morally justified. Other essays analyze democratic institutions, discussing what role deliberation should play in the democratic process, and asking whether it is legitimate to use laws and public policies to express approval or disapproval of various kinds of conduct. Still others examine the relationship between democracy and value pluralism, or consider the suitability of democracy as a form of government in non-Western societies. (shrink)

Economic rights - rights to use, possess, exchange, and otherwise dispose of property - are at the centre of some of the most important and fundamental disputes in Western moral and political theory. This book provides a fresh look at assumptions that are sometimes overlooked in debates about capitalism, socialism and the welfare state. Essays in this book by internationally renowned academic lawyers, economists, and philosophers, explore what sort of economic rights people ought to have, how they ought to be (...) conceived of and grounded, and the consequences that would ensue were one system or another set up to ensure them; the related question of the nature of various economic systems and how well they do at guaranteeing such rights are also discussed. (shrink)

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association (...) as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. (shrink)

What are the core values of liberalism and how can they best be promoted? Liberals in the classical tradition championed individual freedom, limited government and a capitalist economic system with strong rights to private property. Contemporary liberals, in contrast, embrace more egalitarian values and allow for a far more prominent role for government intervention in the market to reduce inequality, redistribute wealth and regulate economic activity. What accounts for these very disparate liberal views of property rights and economic freedom? How (...) should we understand the transition from the classical view of liberalism to its more egalitarian modern version? And what, ideally, should the relationship be between the central values of liberalism and the economic institutions of capitalism? The eleven essays in this volume address these questions and examine related issues. (shrink)

The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to fulfil them? The twelve (...) essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns. (shrink)

The essays in this collection investigate two political traditions and their critical interactions. The first series of essays deals with the development of natural rights individualism, some examining its origins in the thought of the seminal political theorist, John Locke, and the influential constitutional theorist, Montesquieu, others the impact of their theories on intellectual leaders during the American Revolution and the Founding era, and still others the culmination of this tradition in the writings of nineteenth-century individualists such as Lysander Spooner. (...) The second series of essays focuses on the Progressive repudiation of natural rights individualism and its far-reaching effect on American politics and public policy. (shrink)

Modern industrial societies have achieved a level of economic prosperity undreamed of in earlier times, but in the view of the contemporary environmental movement, the prosperity has come at the cost of serious degradations to the natural world. For environmental advocates, problems such as resource depletion, air and water pollution, global warming and the loss of biodiversity represent due threats to the well-being of human societies and the planet itself. But just how serious are these threats and how should we (...) go about confronting them? Do environmental problems call for more extensive government controls over industrial activity, energy policy and the like, or is it possible to find solutions by harnessing the incentives of the free market? The essays in this collection address these questions and explore related issues. (shrink)

The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The essays in this (...) volume, written by eleven prominent political and moral philosophers, address these questions and explore related issues. A number of them consider the theoretical foundations of property ownership, asking how the rights of individuals to acquire property can be justified, and how extensive these rights are. Some focus on the concept of self-ownership, discussing how the individual's right to control their own mind, body and actions relates to their right to gain control over extrapersonal objects and resources. Others look at connections between property ownership and various values, including democratic political participation and equality of wealth and opportunity. (shrink)

These essays assess market liberal or libertarian political theory. They provide insights into the limits of government, develop market-oriented solutions to pressing social problems, and explore some defects in traditional libertarian theory and practice. Some of the essays deal with crucial theoretical issues, asking whether the promotion of citizens' welfare can serve as the justification for the establishment of government, or inquiring into the constraints on individual behavior that exist in a liberal social order. Some essays explore market liberal or (...) libertarian positions on specific public policy issues, such as affirmative action, ownership of the airwaves, the provision of healthcare, or the regulation of food and drugs. Other essays look at property rights, the morality of profit-making, or the provision of public goods. Still others address libertarianism as a political movement, suggesting ways in which libertarians can reach out to those who do not share their views. (shrink)

Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency (...) or distributive justice? The essays in this volume examine these questions, as well as other important issues, from a variety of perspectives. Some explore the theory of original acquisition; others deal with the concept of self-ownership; still others look at legal or constitutional issues. (shrink)

The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyse different theories of causality, asking which theory offers the best account of human agency and the most satisfactory resolution of troubling controversies about free will and determinism. Some essays look at responsibility in the legal realm, seeking to determine how the law should assign liability for negligence, or whether the courts should allow defendants to offer excuses for their wrongdoing or to (...) claim some form of 'diminished responsibility'. Other essays explore libertarian views about political freedom and accountability, asking whether libertarian positions on consent, contract law, and responsibility are consistent, or whether restitution is superior to retribution or deterrence as a basis for a theory of corrective justice. Still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions. (shrink)

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. Developing an (...) acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

These essays explore the history and justification of the welfare state and examine private alternatives to the public provision of aid. Essays focus on the nature of personal responsibility, the impact of identity politics on the welfare state, and the various strategies that have been proposed to deal with the problem of poverty. Others assess the success or failure of public housing, government assistance to veterans, or other specific programmes, suggesting ways of reforming, expanding, or replacing them.

An introduction to Pre-Socratic philosophy. It is not intended for scholars - though the interpretation of Parmenides is wholly original. It is for students in a class on Greek Philosophy, giving a useful account of the Pre-Socratics in a course that will be dominated by Socrates, Plato and Aristotle.

In many European countries the question of cultural identity has gained special importance due to the increase of globalization, the position of the United States, and the European unification. How can political leaders deal with these developments without alienating their people? In what ways do they express national identity in popular communication? Is nationalism a characteristic of their rhetoric? These questions are asked in regard to thirty-six New Year's speeches held by the last five French presidents. By answering these questions (...) we will develop a perspective on the concepts of national identity and nationalism. Discourse analysis shows a typical discourse for every president, in which nationalist rhetoric appears to play a role. Above all, differences between three structures of significance, or frames, are distinguished, which can be described as ‘sense of belonging’ or ‘paternal protection’, ‘the myth of French values’, and ‘the significant other’. (shrink)

This paper critically examines the pervasive colonial myth that associates whiteness with cleanliness and blackness with dirtiness, a myth often perpetuated through media, especially soap advertisements. Through an analysis of Frantz Fanon’s contributions to psychoanalysis and phenomenology, the paper elucidates how racial constructs are sociogenically constructed and internalized, shaping the collective unconscious. Focusing on Fanon’s phenomenological exploration of the white gaze, the paper highlights its role in overdetermining the black man, reducing them to an object embodying racial myths. The paper (...) demonstrates the enduring influence these entrenched myths have on racialized habits of perception and advocates for their disruption. The ongoing presence of colonial mythologies in modern soap advertising demonstrates the need for a concerted effort to dismantle these sedimented habits. The conclusion focuses specifically on challenging the myth of whiwhiteness as cleanliness as it continues to operate. (shrink)