Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

Law bends the past of a community's common life towards its future.Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and orders (...) time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

A Short Introduction to Ethics provides a short, straightforward volume that prepares the reader for in-depth study of the questions, issues, and puzzles that must be dealt with in the study of standard ethics or moral philosophy.

Hume's account of the roots of justice focuses on the need to secure possession against the corrosive effects of unrestrained avidity. The reasons for this focus lie deep in his understanding of human psychology, especially, the mimetic passions shaped by the principles of sympathy, social referencing, and reversal comparison. The need for esteem drives human beings to attach their pride to those things they think are especially valued by those whom they especially admire. Most predominant among these goods are riches (...) and possessions. Intense competition for these scarce goods puts the material and psychological survival of all in jeopardy. Conventions of justice are needed to civilize and channel avidity, transforming it from open and deadly violence and secret envy and malice into productive and public emulation. (shrink)

I offer this essay not as a “reply to my critics,” but as a contribution to a conversation about the rule of law to which they have richly contributed. After a brief outline of key features of Law’s Rule, it considers whether it is committed to a “thin” or “thick” concept of the rule of law. It then explores the ideas of arbitrary power, accountability, and recourse; and it addresses the question whether the rule of law’s concern is restricted to (...) the exercise of governmental power. It concludes with consideration of a number of tensions that lie at the heart of the rule of law ideal. (shrink)

Catholic moral theology possesses a number of tools that can be employed to promote worker justice. Some of these tools, such as Catholic social teaching on solidarity and workers’ rights, have been used to this end before. However, advocates of workers’ rights have seldom utilized other concepts, such as cooperation in evil, scandal, and evangelization. This essay provides a theoretical introduction to several tools in the “toolkit” of Catholic ethicists, engaging contemporary scholarship on them. It then applies the concepts to (...) two cases in order to demonstrate their usefulness in the struggle for worker justice. Both cases involve Catholic universities, which means the ethical concepts introduced from the Catholic moral tradition should have normative status for these institutions. The first case entails a divestment campaign at the University of Notre Dame. The second case confronts the unjust treatment of adjunct faculty members at Catholic colleges and universities. (shrink)

Many of the debates concerning the existence of economic rights obfuscate the meaning of the possession of a right to an economic good. In order to provide clarification, several theoretical questions must be probed. This essay explores each of these issues in order to demonstrate that greater conceptual clarity repudiates the arguments against the existence of economic rights. It also seeks to attenuate the vexing problem of necessary and painful tradeoffs between competing rights claims. The final portion of this essay (...) heuristically demonstrates how greater conceptual clarity can aid us in dealing with complex policy issues involving competing rights claims. (shrink)

When they abandoned the analytic-synthetic distinction, analytic philosophers substituted for it uncritical appeals to thought experiments or conceivability arguments. Although the history of philosophy is replete with thought experiments, medieval and early modern philosophers developed sophisticated theories concerning what governs what happens in thought experiments. By contrast, contemporary philosophers subscribe to the thesis of facile conception according to which casual allegations of conceivability or inconceivability are taken as good evidence of possibility or impossibility. Philosophers need to adopt standards of thought (...) experimentation like those found in science and to ground them in a general theory of conceivability. (shrink)

Is there such a thing as "business ethics?" Author Gerald J. Williams compellingly answers this question in Ethics in Modern Management. Though he agrees that greed and self-interest are at work in the business environment, he also notes that they can be found in just about every area of human endeavor, and it is a fallacy to think that one can justify these vices simply because one operates in the business environment, where such behavior might be more readily condoned. (...) But the book does not stop at establishing the faulty logic behind the "business ethics" concept. It is also designed to help managers with the process of education and moral reflection by describing three approaches to morality--cultural moral relativism, utilitarianism, and Thomistic natural law--and showing how each approach attempts to solve real-life ethical conflicts in the business world. (shrink)

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)

Some kinds of “fake news” bits on Saturday Night Live (SNL) become more meaningful when linked back to the work of media theorist Neil Postman. Postman's best‐known book, Amusing Ourselves to Death: Public Discourse in the Age of Show Business, argues that TV journalism will inevitably reflect the influences and biases of television itself. The result is an entertaining but incoherent stream of “disinformation” in a “peek‐a‐boo world” of unfocused and shallow discussion. Using Postman's arguments for structure and support here, (...) this chapter explores similar concerns reflected in the satirical news reporting of SNL. It shows that “Weekend Update” and other such pieces can ground key lessons that help us navigate our increasingly complex media environment, a point that Postman himself considers in his book's closing pages. As our media environment continues to change, it becomes helpful to see Postman's thesis as a valuable philosophical insight, and one that SNL's comedy can illustrate quite effectively. (shrink)

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

. A structured awareness of time lies at the core of the law's distinctive normativity. Melody is offered as a rough model of this mindfulness of time, since some important features of this awareness are also present in a hearer's grasp of melody. The model of melody is used, first, to identify some temporal dimensions of intentional action and then to highlight law's mindfulness of time. Its role in the structure of legal thinking, and especially in precedent‐sensitive legal reasoning, is (...) explored. This article argues further that melody‐modeled mindfulness of time is evident also at a deeper and more pervasive level, giving structure to the distinctive mode of law's normative guidance. The article draws one important theoretical consequence from this exploration, namely, that the normative coherence of momentary legal systems depends conceptually on their coherence over time. (shrink)

Gerald J. Galgan's collection of essays speaks in several philosophical voices. He explores the relationship between a metaphysical and epistemological language and follows the transition from the medieval Christian Book of Nature to the modern conception of subjectivity.