"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

There is the world of ideas and the world of practice; the French are often for sup pressing the one and the English the other; but neither is to be suppressed. -Matthew Arnold The Function of Criticism at the Present Time From its inception, bioethics has confronted the need to reconcile theory and practice. At first the confrontation was purely intellectual, as writers on ethical theory (within phi losophy, theology, or other humanistic disciplines) turned their attention to topics from the (...) world of medical practice. Recently the confrontation has grown more intense. The ap pointment of clinical ethicists in hospitals and other health care settings is an accelerating trend in North America. Concomitantly, those institutions involved in training peo ple in clinical ethics have added organized exposure to the world of practice, in the form of placement requirements, to the normal academic course load. In common with other dis ciplines, bioethics has begun to see clinical training as a con dition of didactic theory and apprenticeship. (shrink)

Aggregative consequentialism and several other popular moral theories are threatened with paralysis: when coupled with some plausible assumptions, they seem to imply that it is always ethically indifferent what you do. Modern cosmology teaches that the world might well contain an infinite number of happy and sad people and other candidate value-bearing locations. Aggregative ethics implies that such a world contains an infinite amount of positive value and an infinite amount of negative value. You can affect only a (...) finite amount of good or bad. In standard cardinal arithmetic, an infinite quantity is unchanged by the addition or subtraction of any finite quantity. So it appears you cannot change the value of the world. Modifications of aggregationism aimed at resolving the paralysis are only partially effective and cause severe side effects, including problems of “fanaticism”, “distortion”, and erosion of the intuitions that originally motivated the theory. Is the infinitarian challenge fatal? (shrink)

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Economist-philosopher Amartya Sen's writings on social and political issues have attracted wide audiences. Section 2 introduces his contributions on: how people reason as agents within society; social determinants of people's (lack of) access to goods and of the effective freedoms and agency they enjoy or lack; and associated advocacy of self-specification of identity and high expectations for ‘voice’ and reasoning democracy. Section 3 considers his relation to social theory, his tools for theorizing action in society, and his limited degree of (...) attention to work by sociologists and to capitalism and power structures. Section 4 characterizes a style marked by conceptual refinement, emphases on complexity and individuality, including personal individuality, and reformist optimism. Section 5 shows the features from Sections 3 and 4 at work in his conception of personhood that advocates freedom to make a reasoned composition of personal identity. Similarly, Section 6 addresses his conception of public reasoning and neglect of the sociology of democracy. It contrasts the ideal of a reasoning polity with features in many countries. Sen's programmes for critical autonomy in personhood and for reasoned politics play, nevertheless, a normic role, while his analytical formats help investigation of obstacles to more widespread agency, voice, and democratic participation. (shrink)

Lectures from the late period of Fichte’s career, never before available in English. Translated here for the first time into English, this text furnishes a new window into the final phase of Fichte’s career. Delivered in the summer of 1812 at the newly founded University of Berlin, Fichte’s lectures on ethics explore some of the key concepts and issues in his evolving system of radical idealism. Addressing moral theory, the theory of education, the philosophy of history, and the philosophy (...) of religion, Fichte engages both directly and indirectly with some of his most important contemporaries and philosophical rivals, including Kant, Schelling, and Hegel. Benjamin D. Crowe’s translation includes extensive annotations and a German-English glossary. His introduction situates the text systematically, historically, and institutionally within an era of cultural ferment and intellectual experimentation, and includes a bibliography of recent scholarship on Fichte’s moral theory and on the final period of his career. (shrink)

This chapter contains sections titled: Case Ethics Normative Ethical Theory Meta‐ethics Contractarianism/Contractualism Consequentialism Deontology Virtue Theory.

Sophie and her sister, Jess, grow up knowing that a few little lies are necessary: You look great. It was only a joke. He's just stressed. It doesn't matter. Everything's fine. Everybody does it, don't they? But what about the big lies—about love, power and money? When Sophie discovers her father's secret, and Jess falls in love with the charismatic Jake, Sophie has to look at her own life again. Should she keep quiet or tear her family apart with the (...) truth? And if she tells, who will pay the ultimate price? (shrink)

Ethics, truth and reason -- Egoism -- Hedonism -- Naturalism and virtue theory -- Existentialism -- Kantianism -- Utilitarianism -- Contractualism -- Ethics, religion, and the meaning of life.

This book is a radical revision of Gordon Graham "s Eight Theories of Ethics(Routledge 2004).

This chapter has two sections, each focusing on a distinct way in which ethical disagreement and variations in ethical judgment matter for theories of ethical thought and talk. In the first section, we look at how the variation poses problems for both cognitivist and non-cognitivist ways of specifying the nature of ethical judgments. In the second, we look at how disagreement phenomena have been taken to undermine cognitivist accounts, but also at how the seeming variation in cognitive and non-cognitive (...) contents between parties of deep ethical disagreement challenges both cognitivist and non-cognitivist accounts of disagreement itself. (shrink)

Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public, and their (...) employers or principals that produce ethical obligations. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Originally published in 1968, this book traces the development of the emotive theory of ethics from its outline by Ogden and Richards in The Meaning of Meaning to the elaborate presentation by Stevenson in Ethics and Language. Attention is paid to the positive features of the ethical theory whilst the author also shows how a more adequate view can be reached through critical reflection on it.

This paper formulates a Deweyan theory of performing arts practice that relies for its support on two main things: The unity Dewey ascribed to all intelligent practices (including artistic practice) and The observation that many aspects of the work of performing artists of Dewey’s time include features (“dramatic rehearsal,” action, interaction and habit development) that are part of Dewey’s characterization of the moral life. This does not deny the deep import that Dewey ascribed to aesthetic experience (both in art and (...) in life), but it does suggest that we might use his theory of ethical practice in conjunction with his theory of art as experience in order to create a more robust and unified Deweyan theory of what the performing artist does. (shrink)

Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index.

Appeals to utility permeate Hume's account of morality. He maintains, for which have this tendency to the public advantage and loss" (T. 578-79).

Traditional engineering courses typically approach teaching and problem solving by focusing on the physical dimensions of those problems without consideration of dynamic social and ethical dimensions. As such, projects can fail to consider human rights, community questions and concerns, broader impacts upon society, or otherwise result in inequitable outcomes. And, despite the fact that students in engineering receive training on the Professional Code of Ethics for Engineers, to which they are expected to adhere in practice, many students are unable (...) to recognize and analyze real-life ethical challenges as they arise. Indeed, research has found that students are typically less engaged with ethics—defined as the sensitivity and judgment of microethics and macroethics, sensitivity to diversity, and interest in promoting organizational ethical culture—at the end of their engineering studies than they were at the beginning. As such, many studies have focused on developing and improving the curriculum surrounding ethics through, for instance, exposing students to ethics case studies. However, such ethics courses often present a narrow and simplified view of ethics that students may struggle to integrate with their broader experience as engineers. Thus, there is a critical need to unpack the complexity of ethical behavior amongst engineering students in order to determine how to better foster ethical judgment and behavior. Promoting ethical behavior among engineering students and developing a culture of ethical behavior within institutions have become goals of many engineering programs. Towards this goal, we would like to present an overview of the current scholarship of engineering ethics and propose a theoretical framework of ethical behavior using a review of articles related to engineering ethics from 1997-2020. The review engages in theories across disciplines including philosophy, education, and psychology. In this work-in-progress paper, we present a subset of initial results based on a review of the first 50 articles out of the systematically selected 409 articles from Springer, Engineering Village, and EBSCO-Education Full Text. Preliminary results identify two major kinds of drivers of ethical behavior, namely individual level ethical behavior drivers and institutional drivers. Our preliminary results indicate that a sensitivity to both microethics and macroethics as well as the implicit and explicit understanding of ethics are essential in promoting ethical behavior amongst students. Furthermore, while drivers of ethical behavior at the individual level is important, one should not ignore the roles of the drivers of ethical behavior at the institutional level in promoting a collective ethical culture within organizations. The review also points to a need to focus on increasing students’ macroethical sensitivity to topics such as sustainability and protection of human rights. This research thus addresses the need, driven by existing scholarship, 2 to identify a conceptual framework for explaining how ethical judgment and behavior in engineering can be further promoted. (shrink)

The author criticizes a divine command theory of moral obligation offered by Glenn C. Graber. Reeder opposes Graber's claim that divine righteousness can be understood independent of standards of moral obligation and questions the plausibility of basing moral obligation on unchecked command, even the commands of God. Speaking historically, he discusses the relation of this theory to the moral theory of Ockham.

What is it that we are doing when we make ethical claims and judgments, such as the claim that we morally ought to assist refugees? This dissertation introduces and defends a novel theory of ethical thought and discourse. I begin by identifying the surface features of ethical thought and discourse to be explained, including the realist and cognitivist (i.e. belief-like) appearance of ethical judgments, and the apparent close connection between making a sincere ethical judgment and being motivated to act on (...) it. I examine prominent attempts to explain these features, with a focus on recent ‘hybrid’ theories combining elements of expressivism and cognitivism. Despite their initial promise, I argue that extant hybrid theories are nevertheless committed to problematic semantic, metasemantic, or pragmatic assumptions. I then discuss what I take to be the strongest existing option, ethical neo-expressivism (Bar-On and Chrisman, 2009; Bar-On, Chrisman, and Sias, 2014), and develop it into an explicitly hybrid theory proposing that ethical judgments incorporate both motivationally-charged affective states and moral beliefs. I then supplement this account with a theory of the proper function (following Millikan, 1984) of ethical claims and judgments, arguing that they function simultaneously to track the morally salient features of social situations, and to coordinate our behavior around these features. Finally, I defend one of the cognitivist commitments of the theory – namely, that objective moral knowledge is possible – by applying recent work on the epistemology of fundamental or ‘core’ intellectual commitments (Lynch, 2012; Pritchard, 2016) to the moral realm. (shrink)

The paper replies to Professor Alex Michalos'' keynote address, "Ethics Counsellors as a New Priesthood". Michalos argues that an intractable diversity of opinion about fundamental issues in ethical theory precludes substantive, well-founded ethical counselling. However, Michalos has inappropriately modelled his understanding of an acceptable structure and application for ethical theory on natural scientific theory. For we may countenance a less severe understanding of theory for ethical theory than in the hard sciences. In particular, instructive moral reasoning may tolerate a (...) degree of disagreement across human beings in their conception of moral good. On condition that such variance is not so considerable as to undermine a necessary commonality of language on ethical matters, there will be an adequate basis for warranted theory-construction in ethics and effective moral counselling underwritten by such theory. And, on the available historical evidence, such a condition can be met. (shrink)

헤겔은 흔히 현존하는 공동체의 규범을 비난하거나 논박하려는욕망을 포기하라고 가르치는 관습주의자로 간주되곤 한다. 이 글에서 나는 이런 통념과 반대로 헤겔의 인륜성 이론이 ‘현존하는 공동체적 규범을 맹목적으로 따르는 태도’가 유발하는 위험에 대한해법을 찾고자 했던 시도였음을 보여줄 것이다. 이를 위해서 먼저소포클레스의 『안티고네』를 후경에 두고 전개된 『정신현상학』의｢정신｣장의 논의를 간략히 조망한다. 여기서 헤겔은 ‘주어진 인륜적 법칙’들을 맹목적으로 따르는 태도가 윤리적 개인의 정체성은물론이고 일반적인 공동체적 규범의 종말을 초래한다는 사실을 명료히 드러내기 때문이다(1). 이어서 나는 이런 인륜적 습관과 관습의 맹목성이 초래하는 위험에 주목한 헤겔연구자들인 크리스토프멘케(Christoph Menke)와 율리아네 레벤티쉬(Juliane (...) Rebentisch) 가 내놓은 해법의 한계를 비판한다. 감각적 충동의 복원을 제안하는 멘케의 미학적 해법은 주체를 인륜적인 것 ‘바깥의’ 고유성으로이탈하도록 만들기 때문에 부적절하다면, 레벤티쉬의 반성적 아이러니의 해법은 인륜적 규범의 참에 대한 회의적 비판을 지속하도록 만듦으로써 분열 상태를 영구화하기 때문에 불충분하다(2). 이로부터 나는 인륜적 관습주의의 타개를 위한 유력한 헤겔주의적해법은 『법철학』의 서론에 등장하는 자유의지론의 요체를 이루는“자아에 대한 순수한 사유”에 있다는 해석적 테제를 방어한다. 자아에 대한 순수한 사유는 ‘나를 포함한 모든 자아를 보편적 자기동일자의 관점에서 동등하게 바라볼 수 있는 역량’을 가리키기 때문에, 공동체적 규범이 편협한 배타적 관습이 되어 버릴 위기를 가로막는 주체적 힘의 요체를 이룬다(3). (shrink)

Is the thought of John Duns Scotus relevant for the 21st century? Dr. Thomas A. Shannon discovers areas of congruence and insight between several contemporary issues and the work of the 13th century Franciscan in this new edition of his work, The Ethical Theory of John Duns Scotus.

This book is about permissive consent--the moral tool we use to give another person permission to do what would otherwise be forbidden. For instance, consent to enter my home gives you permission to do what would otherwise be trespass. This transformation is the very thing that philosophersidentify as consent--which is why we call it a normative power. It is something individuals can do, by choice, to change the moral or legal world. But what human acts or attitudes render consent? When (...) do coercive threats, offers, or lies undermine the transformative power of consent? What intentionsor conventions are necessary to render consent meaningful?This book develops a novel theory that explains the moral features of consent in some of the most central domains of human life--but that also serves as a study in how to theorize normative power. It argues that consent is a moral mechanism with exactly the set of features that, when triggered,prevents another person's behavior from constituting a certain kind of wrongdoing. What kind of wrongdoing? It depends on what sort of permission is being granted. Sometimes consent permits others to enter, occupy, or act within some bounded domain wherein the consent-giver holds moral authority. Inthese cases, consent operates to prevent what the book calls: Invasive Wrongdoing. By identifying the moral features that underlie this special wrongdoing, we can learn what it takes to render consent. (shrink)

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Note: The University of Adelaide Library eBooks @ Adelaide.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.