Despite what Peter Singer and Peter Unger believe, no one violates the ‘rescue principle’ when she makes a frivolous purchase instead of giving to a charity like UNICEF. Nor does any one violate a collective action version of the rescue principle when she makes a frivolous purchase instead of giving to a charity. Garrett Cullity is also mistaken in believing that ‘the transitivity of wrongness’ can be used to reach the conclusion that a failure to give to charity is wrong (...) because a failure to save is. This makes it likely that the requirement to give to charity is based not on the requirement to rescue but instead on the moral requirement to marginally improve the ability of charitable organisations to do their important work. (shrink)

I attempt to describe and defend an alternative definition of insanity. I claim that my definition follows from an adequate general understanding of legal excuse and that it describes correctly the question that jurors in the recent Andrea Yates case and others like it ought to be faced with. My essay has three parts. In the first, I briefly criticize M'Naghten- and Durham-inspired insanity statutes. In the second, I sketch and defend a general understanding of legal excuse and try to (...) show how an adequate insanity statute follows from it. Finally, in the third section, I describe and defend a rough version of the statute itself. In the course of doing so, I try to explain why I believe that statute is superior to the American Law Institute's various model insanity statutes. (shrink)

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and (...) protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights. (shrink)

Philosophical defenses of cognitive/evolutionary psychological accounts of racialism claim that classification based on phenotypical features of humans was common historically and is evidence for a species-typical, cognitive mechanism for essentializing. They conclude that social constructionist accounts of racialism must be supplemented by cognitive/evolutionary psychology. This article argues that phenotypical classifications were uncommon historically until such classifications were socially constructed. Moreover, some philosophers equivocate between two different meanings of “racial thinking.” The article concludes that social constructionist accounts are far more robust (...) than psychological accounts for the origins of racialism. (shrink)

Religious considerations in medical decision-making have enjoyed newfound attention in recent years, challenging the assumption that the domains of biological and spiritual flourishing can be cleanly separated in clinical practice. A surprising majority of patients desire their physicians to engage their religious and spiritual concerns, yet most never receive such attention, particularly in cases near the end of life where such attention seems most warranted.1–3 As physicians Aparna Sajja and Christina Puchalski recently wrote in the AMA Journal of Ethics theme (...) issue on ‘Religion and Spirituality in Healthcare Practice’, modern medical training is ‘falling short of preparing physicians to help patients with the metaphysical needs of their illness’.4 It would seem then that both patients and physicians might challenge the conclusions proffered by philosophers Jake Greenblum and Ryan Hubbard in ‘Responding to Religious Patients: Why Physicians Have No Business Doing Theology’, in which they claim that physicians ought not to engage religious reasoning for medical decisions. Their conclusion relies on two core arguments: a ‘public reason’ argument and a ‘fiduciary argument’, both of which contend that theology and religious considerations have no place in medical reasoning. We find that two central errors undergird these arguments. First is the fraught notion of an epistemically and ethically normative public reason, and second is a fundamental mischaracterisation of the fiduciary nature of the patient–physician relationship and the nature of medicine itself. In response, we argue that all physicians essentially ‘do theology’ and that, rather than divorcing theology from medical practice, clinicians should make it their business to do theology well. To support the exclusion of religious reasoning from medical decision-making, the authors open with a ‘public reason argument’, suggesting that physicians serve in roles closely resembling those of public officials. As such, the physician as public official ought to limit himself …. (shrink)

From ancient times to the present, the discovery and presentation of new proofs of previously established theorems has been a salient feature of mathematical practice. Why? What purposes are served by such endeavors? And how do mathematicians judge whether two proofs of the same theorem are essentially different? Consideration of such questions illuminates the roles that proofs play in the validation and communication of mathematical knowledge and raises issues that have yet to be resolved by mathematical logicians. The Appendix, in (...) which several proofs of the Fundamental Theorem of Arithmetic are compared, provides a miniature case study. (shrink)

This paper critiques the biological race realism of Quayshawn Spencer. Spencer's recent embrace of “radical race pluralism” (RRP) is welcome but incomplete, because it needs methods that distinguish different communicative contexts for how American English speakers use “race” and related terms. I offer a pragmatic approach to identifying such contexts that combines pragmatic argumentation theory, rhetorical polysemy, and a pragmatic approach to definition. One consequence of embracing RRP is that Spencer's theory of “OMB race talk” is unsupportable because it collapses (...) three distinct communicative contexts: genomic research, legal and regulatory governance, and ordinary talk. By so doing, OMB race talk blocks attempts to fight racism and violates ethical standards that should allow people the agency to define their own identities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reflections on Academic ReflectionJohn D. Copenhaver Jr.Contemplative pedagogy deserves both the careful scrutiny and the sustained exploration that the Society for Buddhist-Christian Studies is uniquely well suited to provide. As higher education comes under increased pressure for accountability, we need to be able to explain clearly both the pedagogical value and academic integrity of these elements in our curriculum. Academics seeking to incorporate contemplative practices into their teaching need (...) to pay careful attention to their institutional setting. While people in all types of higher education may share certain values (e.g., free inquiry, critical thinking, intellectual rigor, clear reasoning), different institutional settings offer different kinds of opportunities and challenges. Shenandoah University, where I teach, is one of five private universities in Virginia related to the United Methodist Church (UMC). All these schools acknowledge the relationship, but some seem rather embarrassed by it. For us it is a warm embrace.In its mission statement, our university characterizes the relationship this way: “As an institution affiliated with the United Methodist Church, Shenandoah University practices the highest ethical standards in its interactions with the community and with students of other faiths.”1 While the university is clear about its church affiliation, the phrase “highest ethical standards in its interaction with students of other faiths” indicates the kind of mutual respect and understanding that characterize pluralism. Among its core values are “respect for diverse cultures, experiences, and perspectives” and “dedication to global outreach.”2 Dedication to “global outreach” sounds like window dressing, but it is genuine. With its Global Citizenship Project, the university funds all expenses for fifty-five students each year to travel to one of five countries over spring break for cultural immersion. This mission statement and our core values make it much easier to root our religious studies curriculum in an atmosphere of religious pluralism than one might expect at a church-related university.Our Department of Religion recognizes two purposes for religious studies. The first is to offer an array courses to meet general education needs for moral reasoning and cross-cultural understanding. One of the department’s goals for general education religion courses is to promote interreligious and multicultural understanding. Another is to serve the church by offering a program to train students for religious leadership roles, called the JustFaith Christian Leadership Program. It is designed to integrate theological education and spiritual formation that promotes social justice. [End Page 41] In the department’s view, this commitment to justice is consistent with our Wesleyan heritage, but is often neglected in churches and rare in higher education. Although our religion major requirements reflect the university’s Christian heritage, we do require a course in world religions and one course in a religious tradition other than Christianity.This institutional setting invites me to teach in very different ways. Of the eight courses I teach over a two-year rotation, two take a philosophical approach, two take a phenomenological approach without any contemplative practices, and two blend the phenomenological approach with contemplative practices.3 The other two I teach “from the inside,” as a Christian ordained in the United Methodist Church. I present my own experience and convictions as part of that tradition, and the course emphasizes religious practices such as fasting, prayer, meditation, contemplative prayer, and/or periods of solitude. This confessional approach would not be possible at a state university, but I think students should have this option at church-related schools. The delicate issue is that most students do not come to our university because of its religious heritage. Our students are much like their counterparts at state universities, and often register for courses on the basis of what fits their academic schedules rather than any particular interest in or affinity for the topic. For this reason, we try to be as clear as possible in course descriptions about the various contents and approaches of our courses. Still, that does not prevent a poorly advised agnostic or atheist from registering occasionally for my course on Christian spirituality. On the first day of class I discuss the confessional nature of the course and the spiritual exercises students will be expected to do. I do not screen anyone... (shrink)

We develop a modified system of standard logic, Augmented Standard Logic (ASL), and we employ ASL in an effort to show that, contrary to prevailing opinion, both Aristotle and Diodorus presented impressive arguments, having valid structures and highly plausible premisses, in their famous fatalism debate. We argue that ASL, which contains standard logic and a full system of modal and temporal logic emanating from a modicum of primitives, should not only enable one to appreciate the sophisticated philosophizing which characterized this (...) ancient debate, but should prove to be quite useful in application to contemporary issues. (shrink)

Hanna Pitkin argues that Wittgenstein's later philosophy offers a revolutionary new conception of language, and hence a new and deeper understanding of ourselves and the world of human institutions and action.

The idea of God’s action in history was prominent in the Biblical theology of the past generation. This theology was generally opposed to philosophic explication of its doctrine of God, and consequently it is difficult to say just what it meant by divine action. In any case, that movement faded and, with it, talk of God’s acts.

This is an analysis of the relation of green to nineteenth century thought. the author believes that green stands for three ideas. first, he is the major nineteenth century critic of utilitarianism. second, he is the main critic of laissez-faire individualism. third, he is the major critic of empiricism. green believed that experience is identical with thought; the real world is the intelligible world. the human mind, in knowing, establishes relations with the eternal mind. the author concludes that green is (...) both a platonist and an augustinian, eliminating particulars, or feelings, from philosophical importance. (staff). (shrink)

The theory of the firm has recently undergone a dramatic transformation, drawing heavily on the pathbreaking work of Armen Alchian. This volume explores his contribution to the debate, including essays by Harold Demetz, Ben Klein, Jerry Jordan and Art Devany.

We shall get to the crux of the issue if we ask, "What is it that reason is after, and hopes to achieve?" According to Blanshard, it is the grasp of necessity; it is the knowledge not simply of what is, but also and at the same time of what in the strictest sense must be. For reason seeks a final answer to the question, "Why?"; and only when one's knowledge is necessary is a further "Why?" found to be entirely (...) superfluous. Now perfect necessity may be grasped, thinks Blanshard, only in a context of total knowledge. The final goal of reason is thus a knowledge of the world which is perfectly necessary, and by virtue of this fact perfectly complete. (shrink)