The Patient Protection and Affordable Care Act of 2010 is the law of the land. But it faces an uncertain future.During congressional deliberations on the 2,700-page legislation leading up to its enactment, from February to March 2010, not one major survey recorded majority support for the legislation. Since its enactment, popular opposition to the Affordable Care Act has hardened, and was a significant factor in the 2010 congressional election, in which Democrats lost 63 seats and Republicans regained the majority in (...) the House of Representatives. Ballot initiatives in Missouri and Ohio, showcasing popular opposition to the individual mandate, passed in 2010 with overwhelming majorities. While the United States Supreme Court in National Federation of Independent Business et al. v. Sebelius, 132 S. Ct. 2566, declared the mandate on the states to expand Medicaid unconstitutionally coercive, the majority of the Justices also upheld the individual mandate as a permissible tax. The new law thus emerged as a central topic in the 2012 election. (shrink)

If we peruse the Chuang Tzu (Zhuangzi) and the Nietzschean corpus, we will find numerous examples of evaluative statements. And yet, both Chuang Tzu and Nietzsche are well known for their critique of conventional value distinctions. Time and again they argue that our conventional value distinctions are invalid and sometimes even harmful. Are these two philosophers justified in making what appear to be self-negating claims? This essay offers a line of argument to justify their employment of evaluative language while at (...) the same time disclaiming its validity. My essential argument is that there are two levels of consciousness in both of these philosophers and that evaluative language is transcended at one of these levels but still possesses limited validity at the other. I assume, I believe correctly, that the purpose of philosophy for both philosophers is self-transformation. Given this functional direction of philosophizing, I divide the types of statements I will analyze into three standpoints: (1) “evaluative standpoint,” or statements which I take to be primarily evaluative in nature. “Class i” refers to the evaluative standpoint which is the standpoint not yet transcended and to be transcended; (2) “transevaluative standpoint”, or statements which I take to be primarily transevaluative in nature. “Class ii” refers to the transevaluative standpoint which is the standpoint to be achieved; (3) “transevaluative resultant values,” or statements which are primarily statements of the resultant value which are the product of a value free standpoint. “Class iii” refers to the resultant concrete values which are the product of following the transevaluative standpoint. My analyses lead to the conclusion that evaluative language is employed in its appropriate level of consciousness and transcended in the other level. In short, I propose that Chuang Tzu and Nietzsche can have their cake, and eat it, too. (shrink)

This paper advances the thesis that the raw version of the butterfly dream story in the Chuang-tzu is logically untenable and should thus be replaced by a logically coherent altered version. First, it sets out the positive meaning of the butterfly dream. Second, it examines the raw version of the butterfly dream so as to point up its inherent illogicality. Third, it sets out a modified version of the butterfly dream and demonstrates its superior logicality. Fourth, it shows how conventional (...) interpretations of the butterfly dream story—the ‘confusion hypothesis’ and the ‘external endless transformation’ hypothesis—arise from the raw version and identifies basic weaknesses in the conventional interpretation options. Fifth and last, it returns to an in-depth consideration of the interpretation which arises from a re-ordering of the butterfly dream story fragments. The raw version of the story makes little sense, which is why, I propose, it has lacked a satisfactory interpretation. This thesis stands on three presuppositions. The butterfly dream story is an analogy of the enlightenment experience. The enlightenment experience, or the experience of illumination, is the phenomenological correlate of the central objective of the Chuang-tzu, that of self-transformation. And the enlightenment experience is not only the phenomenological correlate, but the essential pre-condition for self-transformation. By refashioning our (mis)interpretations of the butterfly dream story, we can more fully appreciate its transformative message. (shrink)

Seeking to preserve electronically encoded evidence implies that an incident or event has occurred requiring fact extrapolation for presentation, as proof of an irregularity or illegal act. Whether target data are in transit or at rest, it is critical that measures be in place to prevent the sought information from being destroyed, corrupted or becoming unavailable for forensic investigation.

This article draws on two Mencian illustrations of human goodness: the example of the child in the well and the metaphor of the continually deforested mountain. By reconstructing Mencius’ two novel ideas within the framework of a phenomenological thought-experiment, this article’s purpose is to explain the validity of this uncommon approach to ethics, an approach which recognizes that subjective participation is necessary to achieve any ethical understanding. It is through this active phenomenological introspection that the individual grasps the goodness of (...) human nature, whilst simultaneously coming to realize one’s own degree of closeness (or estrangement) to this universal nature, depending on the success of the thought experiment. Despite the apparent logical circularity of reformulating Mencius in such fashion, this article further maintains that no theoretical premises need be taken up prior to reenacting the Mencian thought-experiment. On the contrary, this article explains that knowledge of human nature manifests itself in the very moment of the proposed epistemic act. (shrink)

First published in 1981. Routledge is an imprint of Taylor & Francis, an informa company.

Carl Jung's work played an important role in shaping modern psychology. Through a thorough exploration of Jung's psychological ideas and the ancient beliefs of shamanistic cultures, this unique investigation unveils startling parallels between the two. As different as they may seem at first glance, these two branches of human paradigm and belief have amazing similarities in structure and function. Interspersed with the writings of Jung, this fascinating account traces the forces and patterns of symbolism common to shamanism and depth psychology. (...) By studying these parallels, it is possible to get a glimpse into major aspects of the human psyche and understand the universality of psychic events in time and space. (shrink)

"Among the foremost Catholic philosophers of his generation. He has utilized the fullness of the Catholic intellectual tradition to brilliantly take the measure of modern philosophical thought... This volume is an expression of Robert Wood's singular philosophical outlook." -Jude Dougherty, dean emeritus, school of philosophy, The Catholic University of America.

: We know that we can learn much from the reports of multiple competent, independent, unbiased observers. There are also things we can learn from the reports of competent but biased observers. Specifically, when reports go against the grain of an agent's known biases, we can be relatively confident in the veracity of those reports. Triangulating on the truth via that mechanism requires a multiplicity of observers with distinct biases, each of whose reports might be one-way decisive in that fashion. (...) It also presupposes that all observers share the same fundamental epistemic standards. (shrink)

Utilitarianism, the great reforming philosophy of the nineteenth century, has today acquired the reputation for being a crassly calculating, impersonal philosophy unfit to serve as a guide to moral conduct. Yet what may disqualify utilitarianism as a personal philosophy makes it an eminently suitable guide for public officials in the pursuit of their professional responsibilities. Robert E. Goodin, a philosopher with many books on political theory, public policy and applied ethics to his credit, defends utilitarianism against its critics and (...) shows how it can be applied most effectively over a wide range of public policies. In discussions of such issues as paternalism, social welfare policy, international ethics, nuclear armaments, and international responses to the environment crisis, he demonstrates what a flexible tool his brand of utilitarianism can be in confronting the dilemmas of public policy in the real world. (shrink)

Analyzes ethical dimensions of contemporary political campaigning and governing.

Ecology, with its emphasis on coupled processes and massive heterogeneity, is not amenable to complete mechanical reduction, which is frustrated for reasons of history, dimensionality, logic, insufficiency, and contingency. Physical laws are not violated, but can only constrain, not predict. Outcomes are predicated instead by autocatalytic configurations, which emerge as stable temporal series of incorporated contingencies. Ecosystem organization arises out of agonism between autocatalytic selection and entropic dissolution. A degree of disorganization, inefficiency, and functional redundancy must be retained by all (...) living systems to ensure flexibility in the face of novel disturbances. That physical and biological dynamics exhibit significant incongruencies argues for the formulation of alternative metaphysical assumptions, referred to here as “Process Ecology”. (shrink)

This book examines the Condorcet Jury Theorem and how its assumptions can be applicable to the real world. It will use the theorem to assess various familiar political practices and alternative institutional arrangements, revealing how best to take advantage of the truth-tracking potential of majoritarian democracy.

In this strikingly original book, one of the leading scholars in the field focuses on the influential idea of deliberative democracy. Goodin examines the great challenge of how to implement the deliberative ideal among millions of people at once and comes up with a novel solution: 'democratic deliberation within'.

Revisioning macro-democratic processes in light of the processes and promise of micro-deliberation, Innovating Democracy provides an integrated perspective on democratic theory and practice after the deliberative turn.

Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful owner (...) — then matters are morally more straightforward. But in real-world cases that is often impossible, and questions of ‘how much, from whom and to whom?’ become far more vexing. The beneficiary disgorging all benefits of the wrong is part of the story, but where that is not possible or will not suffice to compensate the victim of wrongdoing we discuss various ways of allocating the cost of making the victim whole, including supplementation from public coffers. (shrink)

Democracy used to be seen as a relatively mechanical matter of merely adding up everyone's votes in free and fair elections. That mechanistic model has many virtues, among them allowing democracy to 'track the truth', where purely factual issues are all that is at stake. Political disputes invariably mix facts with values, however, and then it is essential to listen to what people are saying rather than merely note how they are voting. The great challenge is how to implement that (...) deliberative ideal among millions of people at once. In this strikingly original book, Goodin offers a solution: 'democratic deliberation within'. Building on models of ordinary conversational dynamics, he suggests that people simply imagine themselves in the position of various other people they have heard or read about and ask, 'What would they say about this proposal?' Informing the democratic imaginary then becomes the key to making deliberations more reflective - more empathetic, more considered, more expansive across time and distance. (shrink)

Discusses the justification for a minimal welfare state independent of political rhetoric from the right or the left.

Robert Abrams argues that new concepts of space and landscape emerged in mid-nineteenth-century American writing, marking a linguistic and interpretative limit to American expansion. Abrams supports the radical elements of antebellum writing, where writers from Hawthorne to Rebecca Harding Davis disputed the naturalizing discourses of mid-nineteenth century society. Whereas previous critics find in antebellum writing a desire to convert chaos into an affirmative, liberal agenda, Abrams contends that authors of the 1840s and 50s deconstructed more than they constructed.