The genre of public service advertisements that appear with two- and four-year cyclical regularity is familiar. Cameras pan across scenes of marines hoisting the flag on Iwo Jima, a bald eagle soaring in splendid flight, rows of grave markers at Arlington. The somber-voiced announcer remonstrates: “ They did their part; now you do yours.” Once again it is the season to fulfill one's civic duty, to vote.

This book presents the foundations of a liberal individualistic theory of rights, and explains what rights we have and do not have, why we have them, who is and who is not a holder of rights, and the place of rights within the overall structure of morality. The author argues for the moral importance of individual commitments to 'projects', and demonstrates the implications of this for a variety of problems and issues.

An examination of the development of the theory of evolution from the Renaissance to the twentieth century.

The growing trend of required ethics instruction in the business school curriculum has created a need for relevant teaching materials. In response to this need the Journal of Business Ethics is introducing a new case section. This section provides a forum for publishing and accessing a range of materials that can be used in teaching business ethics. This article discusses how business ethics cases can facilitate the development of deductive, inductive and critical reasoning skills.

Examines the influence of the physical and biological sciences on society, ethics, and philosophy during the twentieth century.

Unlike nearly all studies of Berkeley, this book looks at the full range of his work and links it with his life--focusing in particular on his religious thought. While aiming to present a clear picture of his career, Berman breaks new ground on, among other topics, Berkeley's philosophical strategy, his account of immortality, his Jacobitism, his emotive theory of religious mysteries, and the motivation of his Siris (1744). Also distinctive is the attention paid to the Irish context of his (...) thought, his symbolic frontispieces and portraits, and recent discoveries concerning his life and writings. (shrink)

Contract is the dominant model for political philosophy's understanding of government grounded on the consent of the governed. However, there are at least five disabilities attached to classical social contract theory: the grounding contract never actually occurred; its provisions are vague and contestable; the stringency of the obligation thereby established is dubious; trans-generational consent is questionable; interpretive methods for giving effect to the contract are ill-specified. By contrast, the biblical story of the covenant Israel embraces at Sinai is shown to (...) be more adequately attentive to each of these five desiderata. The essay then focuses on the U.S. Constitution, arguing that in many ways it is more reflective of covenantal legitimating themes than those of social contract. The result is a promisingly different mode of understanding government by the consent of the governed. (shrink)

While citizens of developed countries enjoy lives of unmatched affluence, over a billion people struggle to subsist on incomes of less than $1/day. Can't we conclude that their poverty constitutes a glaring injustice? The answer almost certainly is yes—but not because some countries are rich, nor because of inadequate levels of redistribution. Liberal political theory traditionally maintains that persons are rights-holders, and the primary duty owed them is noninterference. Corrupt and tyrannical governments flagrantly violate the liberty rights of their captive (...) populations. External governments conspicuously fail to respect noninterference, however, when they erect barriers to trade between foreign nationals and their own citizens, subsidize domestic industries, prevent innocent movement across borders by would-be workers, and when they tender assistance to abusive states (such as foreign aid that lines the pockets of kleptocrats and enhances their power). The theory advanced here is similar to that of Rawls in rejecting an international difference principle, but unlike Rawls it advances an account of international justice as continuous with domestic principles of justice. (shrink)

ExcerptIn the immediate aftermath of the Hamas attacks on October 7, and then again during the spring, coordinated protests have spread through colleges and universities. The rapidity with which normal functioning was disrupted and the helplessness of administrators, on poignant display in the congressional hearing, point to fundamental weaknesses in higher education. I doubt that there can be a return to a pre-October 7 normalcy. Public dismay with universities was already pronounced before the protests, and the campus chaos has triggered (...) memories of the lawlessness of the George Floyd riots. What’s wrong with higher ed? Can it be saved with a program of ambitious reforms? Or do we need new structures? In the wake of October 7, universities are due for major changes, one way or another, by themselves or by Congress. A very different set of institutions may emerge. (shrink)

A small puzzle: the terms ‘capitalism’ and ‘socialism’ initially present themselves as contraries, the one affirming what the other rejects. However, once removed from the dictionary, they function otherwise. The theory of capitalism is very much contained within the science of economics. The positive theory of capitalistic institutions, but also its normative superstructure, rest most easily within the language and methodology of the economist. What distinguishes the free market? It is efficient ; allocation of factors of production are optimized ; (...) individuals maximize their utility ; and so on. These are the terms with which justifications of capitalistic production typically begin – begin, and often end. (shrink)

The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...) global justice, but have for the most part supposed that the debate is between statist and cosmopolitan formulations. Questions of redistribution, immigration, humanitarian obligations, coercion at borders, and territorial rights have correspondingly been cast as either the domain of sovereign territorial states, or of the nascent web of supranational institutions that might bind those states and peoples, morally and legally. Examining some of these issues and arguments through the lens of the global city casts them in a new and informative light, and buttresses an associative turn in thinking about global justice. (shrink)

Perhaps nothing has become more evident in the months and years since 9/11 than the tension that exists between the publics access to information and concerns about protecting national security. This tension raises fundamental questions regarding how and to what extent national security secrecy is consistent with American notions of democracy; how institutions governing determinations about secrecy and disclosure should be designed; and the proper role of Congress, the courts, the public, and the media when it comes to government assertions (...) of secrecy. The materials in this book will provide the interested reader a window into the current shape of the eternal push-and-pull between secrecy and access to information in a democracy. (shrink)

The Heythrop Journal, Volume 63, Issue 4, Page 520-530, July 2022.

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

In this article I defend John Dewey's use of the concept of "culture" in light of his anthropological sources and suggest that this cultural turn has much to teach contemporary scholars. Contrary to critics, I argue that Dewey's reconstructive aims are indeed well served by "culture" as a term for the complex set of symbolic and material resources shaping habit. Common misreadings of Dewey could be avoided by a better understanding of this anthropological appropriation; moreover, Dewey's emphasis on culture should (...) caution neuropragmatists against reductively scientistic models of human experience. I conclude, finally, with a call for democratic theorists today to engage with Dewey's later, anthropologically-informed writings. (shrink)

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Probably no doctrine has excited as much horror and abuse as atheism. This first history of British atheism, first published in 1987, tries to explain this reaction while exhibiting the development of atheism from Hobbes to Russell. Although avowed atheism appeared surprisingly late – 1782 in Britain – there were covert atheists in the middle seventeenth century. By tracing its development from so early a date, Dr Berman gives an account of an important and fascinating strand of intellectual history.

In this essay I wish to consider the implications for theory and practice of the following two propositions, either or both of which may be controversial, but which will here be assumed for the sake of argument: Libertarianism is the correct framework for political morality. The vast majority of our fellow citizens disbelieve. 1.

A theory of basic moral rights ought to aim at telling us who the beings are that have rights and of what those rights consist. It may, however, seek to achieve that goal via an indirect route. In this paper I shall attempt a strategy of indirection. The first stage of the argument is a consideration of why moral theory can allow any place at all to rights. Acknowledging rights can be inconvenient. An otherwise desirable outcome is blocked if the (...) only ways in which it can be attained involve the violation of rights. Why not jettison rights and thereby render these outcomes achievable? The answer that will be suggested trades on it being a deep fact about human beings that they can and do order their lives by reference to long-term commitments and aspirations. In my terminology, they are project pursuers. If people were rational animals all of whose interests were flickering and evanescent, an ethic entirely resting on maximization of impersonal value would be appropriate. But because projects entail commitments to values not subject to trade-offs, the introduction of rights is plausible. That is the first major stage of the argument. The second builds on it and tries to show that the recognition of rights or their equivalent is morally required, that only an ethic in which basic rights are acknowledged can be properly responsive to persons' status as project pursuers. More particularly, is suggested that rights take the form of constraints imposing minimal forbearance on others such that one has reasonable expectations of being able to pursue one's projects amidst a world of other project pursuers. (shrink)

As the HIV epidemic continues to grow worldwide, women are increasingly and disproportionally affected. With the introduction of anti-retroviral medications that have been found to effectively prevent perinatal transmission of HIV, the approach to HIV testing in pregnant women has grown increasingly more controversial. In recent years, the model of voluntary counseling and testing (VCT) has come into question with opt-out testing now advocated for by the Centers for Disease Control and occurring widely in pregnancy. The benefits of opt-out testing (...) are numerous and may justify its use in replacing the VCT that many have come to see as insufficient. An ethical analysis of opt-out testing suggests it may be at odds with true informed consent and involve a degree of coercion that would not be allowed outside the prenatal setting. If opt-out testing is going to remain the standard of care then the ethical issues it raises must be made transparent. Strategies need to be designed for ensuring that HIV counseling and testing in pregnancy is done in accordance with ethical and reproductive rights principles. (shrink)

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, (...) and his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

Fifth-century Athens is praised as the cradle of democracy and sometimes treated as a potential model for modern political theory or practice. In this daring reassessment of classical Athenian democracy and its significance for the United States today, Loren J. Samons provides ample justification for our founding fathers' distrust of democracy, a form of government they scorned precisely because of their familiarity with classical Athens. How Americans have come to embrace "democracy" in its modern form—and what the positive and (...) negative effects have been—is an important story for all contemporary citizens. Confronting head-on many of the beliefs we hold dear but seldom question, Samons examines Athens's history in the fifth and fourth centuries B.C. in order to test the popular idea that majority rule leads to good government. Challenging many basic assumptions about the character and success of Athenian democracy, _What's Wrong with Democracy? _offers fascinating and accessible discussions of topics including the dangers of the popular vote, Athens's acquisitive foreign policy, the tendency of the state to overspend, the place of religion in Athenian society, and more. Sure to generate controversy, Samons's bold and iconoclastic book finds that democracy has begun to function like an unacknowledged religion in our culture, immune from criticism and dissent, and he asks that we remember the Athenian example and begin to question our uncritical worship of democratic values such as freedom, choice, and diversity. (shrink)

What is the best way to respond to monuments in our communities if they represent people who stood for harmful ideas and/or societal structures? I start with the assumption that it would be best for everyone if all of the harmful monuments were removed from our public squares. The more interesting question is: Why would it be best? I will examine critically two different explanations as to why it would be best: one, Plato's, which rests on the harmful non-intellectual influences (...) of images and the other, Socrates’, which rests on the harmful intellectual influences of those images. In the end, I shall argue that Socrates got it right and Plato wrong due to the former's ability to explain human behaviour and the latter's surprising lack of that same ability, despite how widely it is believed. If the argument is correct, it will have deep and widespread implications for how we educate our children and ourselves about every important aspect of the human condition. (shrink)

To date, the value of corporate social responsibility (CSR) activities has primarily been measured through the company’s reputation, with little attention given to exploring whether there are internal influences between CSR and other management practices. We argue that the efficacy of CSR extends beyond a company’s reputation for managing social and environmental concerns; in particular, it can influence other business practices such as risk management. Our results suggest that (a) overall, firms with better CSR performance are more likely to adopt (...) integrated risk management practices and (b) CSR activities that target both primary stakeholders and secondary stakeholders are equally important in facilitating the adoption of such risk management practices. Theoretically, we contribute to the CSR literature by providing a possible mechanism for risk reduction and insurance-like effects of CSR. Practically, we provide managerial implications demonstrating that the efficacy of CSR should not be viewed in isolation of other business practices. (shrink)

Transgender and gender expansive (TGE) youth often seek a variety of gender-affirming healthcare services, including pubertal suppression and hormone therapy requiring that TGE youth and their parents participate in informed consent and decision making. While youth must demonstrate the ability to understand and appreciate treatment options, risks, benefits, and alternatives as well as make and express a treatment choice, standardized approaches to assess the capacity of TGE youth to consent or assent in clinical practice are not routinely used. This scoping (...) review identified the currently available data regarding adolescent capacity to consent to gender-affirming medical treatments. Articles relevant to assessing adolescent capacity for clinical decision-making were identified using OVID Medline, Web of Science, and PubMed. Articles were reviewed and thematically analyzed. Eight relevant articles were identified using three tools for measuring adolescent clinical decision-making capacity: Measure of Understanding, Measure of Competence, and MacArthur Competence Assessment Tool (MacCAT). These studies explored hypothetical treatment decisions, mental health treatment decisions, HIV treatment decisions, genetic testing decisions, and gender-affirming medical decisions. Only one study specifically examines the capacity of TGE youth to consent to medical treatments. Age was correlated with capacity in most, but not all studies. Other studies found cognitive measures (IQ, literacy, numeracy) may impact important aspects of capacity (understanding and reasoning). For clinicians caring for TGE youth, tools such as the MacArthur Competence Assessment Tool for Treatment (MacCAT-T) may prove useful, in conjunction with consideration of youth developmental abilities and utilization of shared decision-making practices. A standardized, collaborative approach to assessing TGE youth capacity would benefit TGE youth and their parents, and allow clinicians to more easily resolve ethical concerns. (shrink)

Eating meat appeals, but the cost is measured in millions of slaughtered animals. This has convinced many that vegetarianism is morally superior to a carnivorous diet. Increasingly, those who take pleasure in consuming animals find it a guilty pleasure. Are they correct? That depends on the magnitude of harm done to food animals but also on what sort of a good, if any, meat eating affords people. This essay aims to estimate both variables and concludes that standard arguments for moral (...) vegetarianism are significantly misplaced. That is because the contribution of meat eating to lives of excellence is underestimated and overall harms to animals consequent on practices of meat eating are overestimated. The answer to the question posed in the title is, therefore, "No.". (shrink)

Philosophy of sport orthodoxy maintains the following three theses: (1) all sports (or all refereed sports) are games; (2) games are as Suits defined them; and (3) sprints are sports. This article argues that these three theses cannot be jointly maintained and offers exploratory thoughts regarding what might follow.

Following Rawls, many political liberals hold reasonableness in high regard. Reasonable citizens can disagree, however, and some may find their arguments routinely ignored in elections and legislatures. Should we be troubled by such failures of institutional responsiveness as a matter of justice? The author argues that the expectation of such failures would lead parties in an original position to favor certain classes of institutions over others: A Theory of Justice and Political Liberalism together suggest a particular federal structure to a (...) republic of reasons. (shrink)