This work analyzes the centrality of law in nineteenth-century historical and institutional economics and is a prehistory to the new institutional economics of the late twentieth century. In the 1830s the 'new science of law' aimed to explain the working rules of human society by using the methodologically individualist terms of economic discourse, stressing determinism and evolutionism. Practitioners stood readier than contemporary institutionalists to admit the possibilities of altruistic values, bounded rationality, and institutional inertia into their research program. Professor (...) class='Hi'>Pearson shows that the positive analysis of law tended to push normative discussions up from the level of specific laws to that of society's political organization. The analysis suggests that the professionalization of the social sciences - and the new science's own imprecision - condemned the program to oblivion around 1930. Nonetheless, institutional economics is currently developing greater resemblances to the now-forgotten new science. (shrink)

This article critically analyzes Rawls’s attitude toward envy. In A Theory of Justice, Rawls is predominantly concerned with the threat that class envy poses to political stability. Yet he also briefly discusses the kind of envy that individuals experience toward their social peers, which he calls particular envy, and which I refer to as peer envy. He quickly concludes, however, that particular envy would not present a serious risk to the stability of his just society. In this article, I contest (...) this claim by arguing that the principles that structure Rawls’s ideal society are likely to exacerbate particular envy to a politically risky extent. Section 1 reconstructs his account of envy, giving special attention to his belief that competition kindles envy between peers. Section 2 then examines the way in which Rawls often endorses rivalry within the body politic. I argue that the society governed by justice as fairness is, on account of this rivalry, likely to generate a politically problematic degree of particular envy. In Section 3, I invoke ancient Greece as an example of a society that was, as a result of its intense competitiveness, often imperiled by dangerously elevated levels of peer envy. I then survey the key institutional mechanisms by which the ancient Greeks sought to manage this hazardous emotion. It turns out, however, that most of these mechanisms would be unavailable to Rawls insofar as they starkly contravene his principles of justice. I conclude that if Rawlsians wish to establish a society that fosters rivalry, they would do well to reflect on the means by which peer envy can be effectively harnessed. (shrink)

All of us had fallen from 100 stories.Falling is rarely a good thing. It is something to avoid for safety, and such avoidance, for those of us fortunate enough to be in good health, has been burned into the unconscious memory of our muscles and bones. Unless we find ourselves in high places, or on some kind of precipice, falling tends not to be on the mind. It is, most of the time, a surprise.But it is also always a possibility, (...) in part because of one of those characteristics that define the human—our upright posture. Without this trait that. (shrink)

In this paper, I argue that Humean theories of moral motivation appear preferable to Kantian approaches only if one assumes a broadly foundationalist conception of rational justification. Like foundationalist approaches to justification generally, Humean psychology aims to counter the regress-of-justification argument by positing a set of ultimate regress-stoppers-in this case, unmotivated desires. If the need for regress-stoppers of this type in the realm of practical deliberation is accepted, desires do indeed appear to be the most likely candidate. But if this (...) foundationalist strategy is rejected, there is no longer any reason to suppose that all motivation must be traceable to some extra-rational incentive. This clears the way for a rehabilitation of the Kantian claim that reasons for action can take the form of categorical imperatives. To illustrate this thesis, I show how a conception of practical rationality that incorporates a contextualist model of justification can be developed that treats social norms as reasons for action, without assigning any mediating role to agent desires. a theory of action of this type eliminates the gap between moral obligation and action, and so articulates the fundamental Kantian intuition that acting on the basis of moral principle-and with disregard for self-interest-is just one way of acting rationally. (shrink)

Henry Hansmann has claimed we have reached the “end of history” in corporate law, organized around the “widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders.” In this paper, I examine Hansmann’s own argument in support of this view, in order to draw out its implications for some of the traditional concerns of business ethicists about corporate social responsibility. The centerpiece of Hansmann’s argument is the claim that ownership of the firm is most naturally (...) exercised by the group able to achieve the lowest agency costs, and that homogeneity of interest within the ownership group is the most important factor in achieving lower costs. He defends this claim through a study of cooperatives, attempting to show that homogeneity is the source of the competitive advantage most often enjoyed by shareholders over other constituency groups, such as workers, suppliers and customers, when it comes to exercising control over the firm. Some business ethicists, impressed by this argument, have taken it to be a vindication of Milton Friedman’s claim that profit-maximization is the only “social responsibility” of management. I would like to suggest that this conclusion does not follow, and that the “Hansmann argument” lends itself to a less minimalist view, what I refer to as a “market failures” approach to business ethics. (shrink)

This article contributes to an ongoing discussion within sports philosophy concerning how to understand intentional movement in sporting activities. The operations of ‘representation intentionality...

Privatization of state services has been a flashpoint for political conflict over the past several decades. The goal of this paper is to explain why someone who is a supporter of the welfare state might also support the privatization of certain state services, in certain cases. Recent philosophical literature has focused on the most problematic privatization initiatives, especially the introduction of private prisons and military contractors. As a counterpoint, this paper describes a set of anodyne privatizations, understood as privatizations that (...) no reasonable person could object to. The key step in this analysis involves showing that privatization is not a unitary phenomenon. There are different types of privatization, different degrees of privatization, and also different motives for privatization. There are also important normative differences between these initiatives, which might lead a reasonable person to support some but not others. (shrink)

Is it ever aesthetically permissible to engage in acts of cultural appropriation? This paper shows how recent work on aesthetic normativity can help answer this question. Drawing on the work of Lopes and McGonigal, I argue that in many cases those who engage in cultural appropriation act against their aesthetic reasons. Lopes and McGonigal advocate for externalist accounts of aesthetic reasons according to which whether or not an agent has an aesthetic reason to act depends on whether or not their (...) action will be an aesthetic achievement. Employing this framework, I argue that insofar as acts of cultural appropriation are seldom aesthetic achievements, many agents who engage in culturally appropriative aesthetic activities act against their aesthetic reasons. (shrink)

This paper concerns acting for reasons and how this can inform debates about the metaphysics of time. Storrs-Fox (2021) has argued against the A-theory of time on the grounds that it cannot adequately account for the explanation of actions. Storrs-Fox assumes that explanation is forever. He argues that this is incompatible with the A-theory because the reasons people act for are the explanantia of their actions, though according to the A-theory these reasons, that is facts, often do not obtain forever (...) and therefore nor do the explanations. I will argue that many particular explanatory relations are not forever because reasons for actions must often fade as a person cannot now have a reason to do something at an earlier time. Generally, people cannot affect the past and therefore cannot have rational obligations to do so. Therefore, the A-theory does not face the problem Storrs-Fox suggests. In fact, the A-theory says what ought to be said and accounts for the wider phenomena of responding to reasons better than the B-theory. It is often the case that an agent acts rationally only if that agent acts on the basis of a present tensed belief. This implies that present tensed beliefs capture facts that no tenseless beliefs do, because the rationality of an action is determined by the reasons an agent acts for, not the beliefs through which the agent is aware of these. However, the B-theory, unlike the A-theory, denies there are any facts thus uniquely captured by present tensed beliefs. (shrink)

This book analyses tensions that arise between the principles of social justice and the need for cooperation to advance collective goals.

Journal of Political Philosophy, EarlyView.

The article is a critique of malcolm and the wittgensteinians and their criticisms of russell which the author finds to be "prosecuting russell on false charges." (staff).

Financial statement users must believe that external auditors are free from management control, or users will doubt the verity of auditors' representations. Although U.S.-based auditing firms claim they are independent of their corporate clients, research has demonstrated that many individuals and groups perceive the situation otherwise. A proposal for enhancing perceptions of auditor independence is offered in this article. The proposal calls for an auditor-administered educational program, complemented by corporate audit committee involvement to lend credibility to auditors' claims.

Drawing on in-depth interviews with individuals in current and former plural Mormon fundamentalist families, I demonstrate how gender is structured relationally in plural marriage, dependent on noncoercive power relations. Men perform a “conciliatory masculinity” based on their position as head of the family that requires constant consensus-building skills and emotional labor to maintain family harmony. This masculinity is shaped in relation to women’s performance of “homosocial femininity” that curbs men’s power by building strong bonds among wives to deflect jealousies and (...) negotiate household duties. I argue for the importance of studying masculinities and femininities together as a relational structure to better understand specific religious and family contexts. (shrink)

Photographers Linda and Robert Scarth have an incredible eye for that magic moment when small becomes beautiful. Matched with patience and skill, their eye for magic produces dazzling images of Iowa nature up close. Revealing the miniature beauties hidden among the patches of prairie, woodland, and wetland that remain in Iowa’s sadly overdeveloped landscape, the seventy-five color photographs in Deep Nature give us a breathtaking cross section of the state’s smallest inhabitants. The Scarths’ close-up images of showy orchis and northern (...) monkshood, great spangled fritillary and painted lady, red-breasted nuthatch and eastern wood-pewee, ornate box turtle and gray treefrog, big bluestem and cotton-grass, and many other natural wonders look more like paintings than photographs. Beginning with an iridescent fly hovering over a neon-purple fringed gentian and ending with their iconic image of coneflowers refracted in dewdrops, they have created a sparkling jewelbox of images that will make us look at the small world around us with renewed appreciation. Attending to the small things in the fabric of nature is the Scarths’ source of artistic inspiration. Taking Walt Whitman’s “every leaf is a miracle” as their beginning, they celebrate not only each leaf but each feather, insect, dewdrop, flower, lichen, and intricate organism in the evolving web of life. (shrink)

Alcohol intoxication is a major source of antisocial behavior in our society, strongly implicated in various forms of interpersonal aggression. Yet, moral philosophers have paid surprisingly little attention to the literature on alcohol and its effects. In part, this is because philosophers who have adopted a more empirically informed approach to moral psychology have gravitated toward moral sentimentalism, while the literature on alcohol intoxication fits very poorly with the sentimentalist account. Most contemporary research on the psychological effects of alcohol is (...) focused upon variants of the “disinhibition” theory, which suggests that alcohol does not provoke any specific affect, it merely weakens executive control. This research, we argue, lends support to a deontic moral psychology, which identifies our ability to suppress behavioral impulses as a central feature of moral agency. (shrink)

This essay argues for the value of teaching a unit that questions what it is that philosophers teach as a way of encouraging students to reflect on the nature of philosophy. I show how using ancient philosophy to frame this unit makes it especially urgent, since an important (and often overlooked) consequence of Socrates’s demarcation of philosophy from oratory is that philosophers are not in a position to teach anything. I have found that students are eager to engage the challenge (...) that this seems to pose for the contemporary philosophy classroom. Further, they can self-reflectively employ philosophical analysis to identify and critique ways of justifying what they learn from teachers of philosophy. (shrink)

Thomas Elsaesser claims the late Haneke as a director of ‘mind-game’ films, but his diagnosis of the appeal of such films fails to account for The White Ribbon . In this paper, I draw on the theory of radical interpretation developed by American philosopher Donald Davidson to uncover the film’s power. I argue that the focus on charity in Davidson’s account of the conditions under which an interpreter is able to find a foreign community intelligible illuminates the exquisite discomfort the (...) spectator experiences as she begins to understand the disturbed community that the film portrays. In addition, the film exposes that Davidson’s transcendental argument that language is a condition of mindedness ought to be extended along emotional and moral dimensions. We should not only hold that every rational mind is a language-user, but that every rational mind is an appropriate language-user, so as to account for minds that have true, justified beliefs but which are, nevertheless, disturbed. (shrink)

The object of this paper is twofold: in the first place, to expound afresh a passage of Greek tragedy which has been mauled by recent criticism; and, more particularly, by recognition of the light which it throws upon the development of the action, to vindicate the dramatic unity of the play.

Evripides Rhes. 161 sqq. Dolon, having undertaken to visit the Greek lines as a spy, addresses Hector:οủκûν πονεεîν μèν χρή, πο;νοûνταμιαθòν φéρεαθαι. παντì γàρ προακε;íμενονκéρρς πρòς.