External auditors owe a professional duty to the company''s stockholders and to society in general. However their remuneration is determined by management. The resulting conflicts of interest are particularly acute in distressed companies where the auditors are required to disclose uncertainties regarding future survival. We focus on the consequentialist self-fulfilling prophecy argument whereby auditors may fail to disclose such uncertainties due to the belief that the disclosure itself would precipitate the company''s bankruptcy. We find no empirical support for such beliefs (...) for a sample of distressed U.K. companies with audit reports published between 1986 and 1993. Companies whose auditors disclose going concern uncertainties are no more likely to fail than those without such disclosures; indeed three out of four reports containing going concern uncertaintiesare not followed by failure before publication of a subsequent set of accounts. Instead we find that it is the degree of financial distress that drives both bankruptcy and the auditor''s going concern disclosure rather than that the disclosure itself causes failure. Belief in the self-fulfilling prophecy effect nevertheless persists, and this despite the profession''s clear ethical guidelines that audit opinions should provide an objectively true and fair view, paying no regard to possible consequences. It may be that the continued attractiveness of the self-fulfilling prophecy belief is due to its providing a means of resolving intense auditor/management conflict in what is a particularly complex decision situation. We argue that, if the profession''s clear ethical guidelines are to play a greater role in this area, issues such as enforcement will need to be addressed. (shrink)

The functional basis of disgust in disease avoidance is widely accepted; however, there is disagreement over what disgust is. This is a significant problem, as basic questions about disgust require...

Perhaps we can say that the book has had a "negative" influence; the mistakes of the Tractatus have helped us to become clearer about the correct way of philosophizing. The difficulty with this view is that many of the criticisms of the Tractatus have been wide of the mark. In denying the influence of the Tractatus, I do not intend to slight its importance. On the contrary, we must distinguish the Tractatus from both logical positivism and Russell's logical atomism, as (...) well as from the subsequent criticisms of these positions, if we are to understand and appreciate it. (shrink)

In an explicit attempt to reduce physician paternalism and encourage patient participation in making health care decisions, the informed consent doctrine has become a foundational precept in medical ethics and health law. The underlying ethical principle on which informed consent rests — autonomy — embodies the idea that as rational moral agents, patients should be in command of decisions that relate to their bodies and lives. The corollary obligation of physicians to respect and facilitate patient autonomy is reflected in the (...) rules that have been created to implement consent procedures, especially those requiring disclosure of relevant information.However, there are many practical impediments to patient self-determination in health care decisionmaking. Well-meaning physicians often lack the time to live up to the ideal of facilitating genuine, informed deliberation with and by their patients, and many lack the motivation or skill to do so successfully. (shrink)

Reprinted in Colin Murray Turbayne, ed., 'A Treatise on the Principles of Human Knowledge / George Berkeley, with Critical Essays' (Bobbs-Merrill, 1970): 47-56.

In Portraits of American Philosophy, eight of America’s most prominent philosophers offer autobiographical narratives that remind us that the life of a scholar is both a tale of personal struggle and an adventure in ideas.

With Slowing Metaphor Down: Elaborating Deliberate Metaphor Theory (henceforth SMD), Gerard J. Steen has given us a remarkable book, teeming with insights about metaphor use. The volume provides a...

Recent years have seen an accentuation in claims that early Heideggerian works are infected with totalitarian ideas that came to full realisation in the early 1930s. In challenging this claim, I suggest that the trajectory from Geschichtlichkeit and Mitsein in Being and Time to Heidegger’s later lamentable political involvements is both complicated and tenuous. After first defending this stance with reference to the account of Schuld in Being and Time, I draw substantively on the work of Jean-Luc Nancy in arguing (...) that Heidegger’s later political thought amounts to a perversion of his earlier admittedly under-developed accounts of Geschichtlichkeit and Mitsein. Further, with Nancy, I suggest there is much to be learned here more generally—both by Heidegger’s great insights and great failures—concerning the dialectic of self and community. (shrink)

Leading philosophers and social thinkers, including Richard Rorty, Jacques Derrida, and Jurgen Habermas, pay tribute to the influential American philosopher Richard J. Bernstein.

Richard J. Bernstein is Vera List Professor of Philosophy at the New School for Social Research. The Essays: Philosophy, History, and Critique.

In her recent, provocative essay “What Is the Point of Equality?”, Elizabeth Anderson argues against a common ideal of egalitarian justice that she calls “ luck egalitarianism” and in favor of an approach she calls “democratic equality.”1 According to the luck egalitarian, the aim of justice as equality is to eliminate so far as is possible the impact on people’s lives of bad luck that falls on them through no fault or choice of their own. In the ideal luck egalitarian (...) society, there are no inequalities in people’s life prospects except those that arise through processes of voluntary choice or faulty conduct, for which the agents involved can reasonably be held responsible. Anderson asserts that the adherents of luck egalitarianism, which can be elaborated in many different ways, include John Roemer, Erik Rakowski, Thomas Nagel, Ronald Dworkin, Gerald Cohen, Richard Arneson, and Philippe Van Parijs.2 In contrast, according to the democratic equality conception, justice as equality requires an end to oppressive social relationships. In the ideal society of democratic equality, the social conditions of everyone’s freedom are secured, each stands to every other in a relationship of fundamental equality, including equal respect, and all have real freedom to participate in democratic self-government. (shrink)

"A fascinating and timely treatment of the objectivism versus relativism debates occurring in philosophy of science, literary theory, the social sciences, ...

Drawing freely and expertly from Continental and analytic traditions, Richard Bernstein examines a number of debates and controversies exemplified in the works of Gadamer, Habermas, Rorty, and Arendt. He argues that a "new conversation" is emerging about human rationality—a new understanding that emphasizes its practical character and has important ramifications both for thought and action.

Richard J. Bernstein argues that many of the important themes in philosophy during the past 150 years are variations and developments of ideas that were prominent in the classical American pragmatists: Charles S. Peirce, William James, John Dewey, and George H. Mead. The pragmatic thinkers reject a sharp dichotomy between subject and object, mind-body dualism, the quest for certainty, and the spectator theory of knowledge. They seek to bring about a sea change in philosophy that highlights the social character (...) of human experience and normative social practices, the self-correcting nature of all inquiry, and the continuity of theory and practice. And they - especially James, Dewey, and Mead - emphasize the democratic ethical-political consequences of a pragmatic orientation. Many of the themes developed by the pragmatic thinkers were central to the work of major twentieth-century philosophers such as Wittgenstein and Heidegger, but the so-called analytic/Continental split obscures this underlying continuity. Bernstein develops an alternative reading of contemporary philosophy that brings out the persistence and continuity of pragmatic themes. He explains why the discussion of pragmatism is alive, varied, and widespread"--Jacket. (shrink)

What is the good for human persons? If I am trying to lead the best possible life I could lead, not the morally best life, but the life that is best for me, what exactly am I seeking?This phrasing of the question I will be pursuing may sound tendentious, so some explanation is needed. What is good for one person, we ordinarily suppose, can conflict with what is good for other persons and with what is required by morality. A prudent (...) person seeks her own good efficiently; she selects the best available means to her good. If we call the value that a person seeks when she is being prudent “prudential value,” then an alternative rendering of the question to be addressed in this essay is “What is prudential value?” We can also say that an individual flourishes or has a life high in well-being when her life is high in prudential value. Of course, these common-sense appearances that the good for an individual, the good for other persons, and the requirements of morality often are in conflict might be deceiving. For all that I have said here, the correct theory of individual good might yield the result that sacrificing oneself for the sake of other people or for the sake of a morally worthy cause can never occur, because helping others and being moral always maximize one's own good. But this would be the surprising result of a theory, not something we should presuppose at the start of inquiry. When a friend has a baby and I express a conventional wish that the child have a good life, I mean a life that is good for the child, not a life that merely helps others or merely respects the constraints of morality. After all, a life that is altruistic and perfectly moral, we suppose, could be a life that is pure hell for the person who lives it—a succession of horrible headaches marked by no achievements or attainments of anything worthwhile and ending in agonizing death at a young age. So the question remains, what constitutes a life that is good for the person who is living it? (shrink)

All humans have an equal basic moral status. They possess the same fundamental rights, and the comparable interests of each person should count the same in calculations that determine social policy. Neither supposed racial differences, nor skin color, sex, sexual orientation, ethnicity, intelligence, nor any other differences among humans negate their fundamental equal worth and dignity. These platitudes are virtually universally affirmed. A white supremacist racist or an admirer of Adolf Hitler who denies them is rightly regarded as beyond the (...) pale of civilized dialogue. However, a very simple line of argument developed by Peter Singer challenges our understanding of these platitudes and forces us to rethink the basis and nature of the moral equality of all humans. What I call the “Singer Problem” arises if one accepts that the morally significant cognitive capacities that are relevant to the determination of the fundamental moral status of a being vary from individual to individual by degree. The problem is to specify a moral principle determining fundamental moral status that assigns a superior status to humans compared to other animals on the basis of the superior cognitive capacities of humans but also assigns all human persons an equal fundamental moral status regardless of their differing cognitive capacities. More broadly posed, the problem is to specify moral principles that yield intuitively satisfactory implications for the treatment of human individuals and other individual animals given that cognitive capacities differ across species and individuals. A search for a resolution of the Singer problem leads to disappointing results. (shrink)

Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism.1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is necessary (...) to prevent harm (physical, psychological, or economic) to the actor himself.” Against this doctrine Feinberg asserts that when an agent’s sufficiently voluntary choice causes harm to herself or risk of harm to herself, this category of harm-to-self is never a good reason in support of criminal law prohibition of that type of conduct. (shrink)

In recent years some moral philosophers and political theorists, who have come to be called “luck egalitarians,” have urged that the essence of social justice is the moral imperative to improve the condition of people who suffer from simple bad luck. Prominent theorists who have attracted the luck egalitarian label include Ronald Dworkin, G. A. Cohen, and John Roemer.1 Larry Temkin should also be included in this group, as should Thomas Nagel at the time that he wrote Equality and Partiality.2 (...) However, each of these theorists asserts a different position. The common ground, if any, is obscure. The idea of luck that is invoked is not transparently clear. Anyway, the term “luck egalitarianism” was coined by a critic of the doctrine, and tendentiously defined to denote an extreme version of the view that looks implausible from the start.3 With some justice Ronald Dworkin, perhaps the chief architect of the luck egalitarian position, has denied that he is a luck egalitarian. (shrink)

All of these essays focus on the concept of modernity in the philosophical work of Jurgen Habermas - an ambitious and carefully argued intellectual project that invites, indeed demands, rigorous scrutiny. Following an introductory overview of Habermas's work by Richard Bernstein, Albrecht Wellmer's essay places the philosopher within the tradition of Hegel, Marx, Weber, and Critical Theory. Martin Jay discusses Habermas's views on art and aesthetics, and Joel Whitebook examines his interpretations of Freud and psychoanalysis, Anthony Giddens offers a (...) critical reading of Habermas's major work, "The Theory of Communicative Action. Richard Rorty criticizes the whole thrust of his program by way of a comparison with the work of the French philosopher of postmodernity, Jean-Francois Lyotard. And Thomas McCarthy concentrates on the question of the selectivity of rationalization processes in the modern age. Habermas himself has three contributions - on Marcuse, on neoconservativism, and a reply to the other essayists. Richard J. Bernstein is T. Wistar Brown Professor of Philosophy at Haverford College. He was editor of the journal "Praxis International, in which these essays recently appeared. "Habermas and Modernity "is included in the series Studies in contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

Centring on John Flamsteed, the first Astronomer Royal, this paper investigates the ways in which astronomers of the late seventeenth century worked to build and maintain their reputations by demonstrating, for their peers and for posterity, their proficiency in managing visual technologies. By looking at his correspondence and by offering a graphic and textual analysis of the preface to his posthumousHistoria Coelestis Britannica, I argue that Flamsteed based the legitimacy of his life's work on his capacity to serve as a (...) skilful astronomer who could coordinate the production and proper use of astronomical sighting instruments. Technological advances in astrometry were, for Flamsteed, a necessary but not a sufficient condition for the advancement of astronomy. Technological resources needed to be used by the right person. The work of the skilful astronomer was a necessary precondition for the mobilization and proper management of astronomical technologies. Flamsteed's understanding of the astronomer as a skilled actor importantly shifted the emphasis in precision astronomical work away from the individual observer's ability to see well and toward the astronomer's ability to ensure that instruments guaranteed accurate vision. (shrink)

Efforts to improve the means to diagnose and treat human genetic diseases have a long history in biomedical research and medicine. Now, preimplantation genetic diagnosis provides a new way to prevent the transmission of certain types of human genetic diseases to the next generation. It is an alternative to elective termination of pregnancies.PGD is used to test for genetic diseases that are due to defective single genes or abnormal chromosomes within days of fertilization and prior to the establishment of pregnancy. (...) The procedure essentially begins with the biopsy of one or more cells of a cleavage stage or blastocyst stage preimplantation human embryo that has been produced by in vitro fertilization. In certain cases, PGD can be done on polar bodies—discarded by-products of egg formation containing excess chromosomes—of unfertilized eggs. Then, the cell, or a polar body, is placed into a tube for single gene analysis ), or for chromosome analysis by spreading the nucleus of the cell on a microscope slide ). (shrink)

Kasper Lippert-Rasmussen’s interesting criticisms of the ideal of equality of opportunity for welfare provide a welcome occasion for rethinking the requirements of egalitarian distributive justice.1 In the essay he criticizes I had proposed that insofar as we think distributive justice requires equality of any sort, we should conceive of distributive equality as equal opportunity provision. Roughly put, my suggestion was that equality of opportunity for welfare obtains among a group of people when all would have the same expected welfare over (...) the course of their lives if each behaved as prudently as it would be reasonable to expect her to behave. My specific proposal was more demanding, holding that when an age cohort reaches the onset of responsible adulthood, they enjoy equal opportunity for welfare when for each of them, the best sequence of choices that it would be reasonable to expect the person to follow would yield the same expected welfare for all, the second-best sequence of choices would also yield the same expected welfare for all, and so on through the array of lifetime choice sequences each faces. (In the jargon of my 1989 essay, equal opportunity for welfare obtains when everyone faces effectively equivalent sets of life options.). (shrink)

Philosophers perennially debate the nature of the good for humans. Is it subjective or objective? That is to say, do the things that are intrinsically good for an agent, good for their own sakes and apart from further consequences, acquire this status only in virtue of how she happens to regard them? Or are there things that are good in themselves for an individual independently of her desires and attitudes toward them? The issue sounds recondite, but has been thought to (...) be pregnant with implications for politics as it ought to be. Plato vigorously insists that knowledge of the good is precious and the person who has it is uniquely fit to rule: "In the world of knowledge, the last thing to be perceived and only with great difficulty is the essential Form of Goodness. Once it is perceived, the conclusion must follow that, for all things, this is the cause of whatever is right and good; in the visible world it gives birth to the light and to the lord of light, while it is itself sovereign in the intelligible world and the parent of wisdom and truth. Without having had a vision of this Form no one can act with wisdom, either in his own life or in matters of state.". (shrink)

The thematic survey of traditional literature uncovered a pressing need to study the M-L figure as a phenomenon in its own right. A design was constructed intending to evoke the figure's full phenomenal appearance. Instead of framing a highly determinate structure wherein a specific question is posed, E presented the figure to naive Ss, simply asking them to describe it. The purpose was to ascertain what naive Ss would perceive if not encumbered by a prior set. In addition, five experiential (...) questions about the descriptive task were included, aiming to elucidate and render intelligible the factual perceptions. The results showed that the M-L figure appears physiognomically. Typical responses exhibiting stylistic variation pointed to the dialectic between perceiver and perceived thing. A second finding was that the perception of equal horizontal lines as unequal emerged as a predominant, but only one of several possible ways of resolving the M-L figure's many perceptual possibilities. In fact, the data revealed a trend that elucidates the conditions which make possible the "M-L effect." Finally, "direction-orientation," a phenomenal variable elucidated by Merleau-Ponty's notions about the body and perception, emerged as the most characteristic way of perceiving the experimental figure. (shrink)