Hegel's logic provides a basis for an interpretation of his philosophy of history and political theory which avoids many of the difficulties that traditionally have been associated with his views, leaving us with a clear and useful model of modern political interaction. The unification of content and form provides for the inherently historicist features of the model, that resolve the traditional dichotomy of description and prescription by presenting the state as a historical process, developing through the opposition between the normative (...) claims of its constituents and the determinate socio-political arrangements existing at any particular stage in its history. The discussion begins with a brief examination of Hegel's doctrines of the concept and the _idea, which it subsequently applies to an interpretation of his concepts of _Sittlichkeit and the state. (shrink)

This volume offers a new interpretation of Hegel's thought, challenging traditional readings and reconsidering Hegel in terms of his understanding of his own philosophy. Ware connects Hegel to analytic philosophy through mathematical logic.

For one semester/quarter courses on Religious Ethics. Religious Foundations for Global Ethics is an overview of morality in a “nation of immigrants,” starting with the basic question of what morality is, and culminating in an examination of morality as a source of potential conflict, and how those conflicts can be resolved peacefully. The author strives to discuss ethical concerns from a variety of religious, philosophical and psychological perspectives, so that students are able to conside issues outside of their own cultural (...) point of view. (shrink)

Hegel's interpretation of Plato's political thought provides the principal illustration of his metaphilosophy. However, Hegel has been criticized for imposing his own metaphilosophical agenda upon Plato's work, and for consequently overestimating its descriptive content while underestimating its prescriptively normative features. A reexamination of Hegel's metaphilosophy nevertheless reveals that he appreciated the broader significance of Plato's political philosophy within a conceptual framework that transcends the traditional dichotomy of description and prescription and that explores issues concerning the relation of theory and practice.

The neglect of issues related to the economic status of minorities and women in introductory economics textbooks widely used in the United States is a problem rooted in the most fundamental theoretical propositions of mainstream economics. Despite the fact that the claims of both mainstream methodology and general equilibrium theory have been seriously questioned in recent years, introductory economics textbooks fail to incorporate into the principles curriculum those critical findings which would allow analysis of the economic problems of women and (...) minorities in the United States. This article compares mainstream and radical textbooks' treatments of race and gender issues to show how the radical approach to these economic questions overcomes many of the deficiencies of the mainstream approach. (shrink)

According to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I then offer some reflections (...) on the philosophical significance of this result. I argue that the protected reason model is consistent with the phenomenology of precedential constraint. I suggest an account of precedential reasoning that reconciles the prioritized reason and protected reason models. (shrink)

One of the gaps in the current international marketing literature is in the area of consumer ethics. Using a sample drawn from Japanese consumers, this study investigates these individuals' reported ethical ideology and their perception of a number of different ethical situations in the realm of consumer behavior. Comparisons are then made across several demographic characteristics. The results reveal differences which provide theoretical support for expanded research in the area of cross-cultural/cross-national consumer ethics and highlight the need for managers to (...) consider possible differences in the ethical behavior of consumers when entering a new international market. In addition, this study extends current knowledge in international marketing ethics by utilizing a research design and survey instruments similar to previous studies on consumer ethics. (shrink)

The paper proposes a revised logic of rights in order to accommodate moral conflict. There are often said to be two rival philosophical accounts of rights with respect to moral conflict. Specificationists about rights insist that rights cannot conflict, since they reflect overall deontic conclusions. Generalists instead argue that rights reflect pro tanto constraints on behaviour. After offering an overview of the debate between generalists and specificationists with respect to rights, I outline the challenge of developing a logic of rights-reasoning (...) that is compatible with generalism. I then proceed to offer a new logical framework, which utilizes a simple non-monotonic logic of practical reasoning. Both generalist and specificationist interpretations of the logic are explored. The revised logic shows that traditional characterizations of the debate between specificationists and generalists obscure other relevant philosophical positions. (shrink)

The essays featured in this volume embrace environmental philosophy in its broadest sense and include topics such as environmental ethics, environmental ...

This Chapter is concerned with cases in which we are justified in performing an otherwise prohibited action but not required to perform it. My discussion focusses on cases in which conduct is permitted because it amounts to a ‘lesser evil’. What interests me is the curious nexus that these cases illustrate between justifying reasons and the conclusion that conduct is either permitted or required. So-called reason-based or ‘reasons-first’ accounts hold that our normative conclusions—our conclusions about what we are required to (...) do and what is permissible—are explained by our practical reasons. It is difficult to offer a reason-based account of lesser evils justifications that does not collapse the distinction between the required and the permissible with respect to justified conduct. Some justifying reasons generate mere permissions, rather than requirements. I consider several prominent attempts to account for the distinction. I conclude by suggesting that none of these attempts is adequate without the further concession that some reasons lack deontic or requiring force. (shrink)

Reasons-based accounts of our normative conclusions face difficulties in distinguishing between what ought to be done and what is required. This article addresses this problem from a formal perspective. I introduce a rudimentary formalization of a reasons-based account and demonstrate that that the model faces difficulties in accounting for the distinction between oughts and requirements. I briefly critique attempts to distinguish between oughts and requirements by appealing to a difference in strength or weight of reasons. I then present a formalized (...) reasons-based account of permissions, oughts and requirements. The model exploits Joshua Gert (2004; 2007) and Patricia Greenspan’s (2005; 2007; 2010) suggestion that some reasons perform a purely justificatory function. I show that the model preserves the standard entailment relationships between requirements, oughts and permissions. (shrink)

I consider a puzzle that arises when the logical principle known as “deontic detachment” is applied to the law. It is not possible to accept the principle of deontic detachment in a legal setting while also accepting that the so-called “social facts thesis” applies to all legal propositions. According to the social facts thesis, the existence and content of law is determined by the attitudes or practices of legal officials. Abandoning deontic detachment is not an appropriate solution to the problem—the (...) puzzle can be recreated with other plausible closure principles. The problem can be solved by restricting the social facts thesis to legal rules, rather than applying it to all legal propositions. Properly construed the social facts thesis does not apply to facts about what legally ought to be the case. (shrink)

The article considers two different interpretations of the reason model of precedent pioneered by John Horty. On a plausible interpretation of the reason model, past cases provide reasons to prioritize reasons favouring the same outcome as a past case over reasons favouring the opposing outcome. Here I consider the merits of this approach to the role of precedent in legal reasoning in comparison with a closely related view favoured by some legal theorists, according to which past cases provide reasons for (...) undercutting (or ‘excluding’) reasons favouring the opposing outcome. After embedding both accounts within a general default logic, I note some important differences between the two approaches that emerge as a result of plausible distinctions between rebutting and undercutting defeat in formal models of legal reasoning. These differences stem from the ‘preference independence’ of undercutting defeat. Undercutting reasons succeed in defeating opposing reasons irrespective of their relative strength. As a result, the two accounts differ in their account of the way in which precedents constrain judicial reasoning. I conclude by suggesting that the two approaches can be integrated within a single model, in which the distinction between undercutting and rebutting defeat is used to account for the distinction between strict and persuasive forms of precedential constraint. (shrink)

I argue that rights that protect our performance of roles are grounded in our interests in performing that role. Many of valuable roles are partly constituted by duties or obligations. Nonetheless these roles—even apparently burdensome roles—contribute to our interests. Once it is bestowed upon them, the role has special value to its bearer. Under certain conditions, the individual’s interest in performing their role is sufficient to ground rights. I conclude by briefly discussing the possibility of detached or non-committed rights attributions. (...) Within law and other systems of positive norms, role-based rights may also be attributed in a non-committed way in situations where it is believed by others that the roles in question are grounded in the interests of their bearers. (shrink)

ABSTRACTAccording to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I then offer some reflections (...) on the philosophical significance of this result. I argue that the protected reason model is consistent with the phenomenology of precedential constraint. I suggest an account of precedential reasoning that reconciles the prioritized reason and protected reason models. (shrink)

Humanity and water represent an intersection of two natural cycles: the human economy and the earth's hydrological system. Although water is vital for human survival and growth, the point where human endeavor intersects is the most variable and uncertain in the hydrological system. Significant spatial and temporal variation of evaporation and rainfall has led to a number of responses aimed at increasing certainty of access to water. However, many of the world's civilizations can attest that the very act of reducing (...) water uncertainty by technical means (capture, storage, and irrigation) has ultimately led to greater uncertainty and civilization failure. This article explores the concept of living with water as a complex entity, inseparably connected with all three levels of existential complexity - individual, social, and ecological - rather than as a commodity, which has led to our current uncertain status. (shrink)

Virtually all Americans are part of the health care system. They may be patients, health professionals, employers providing benefits, insurers, medical manufacturers, regulators, innovators, or investors. Each has a stake in this burgeoning sector of the United States economy, and each may be critically affected, in multiple and diverse ways, by changes to the system under health reform. As health care expenditures continue to rise, it is increasingly important to understand where these expenditures go and the factors that drive these (...) cost increases. This article examines health care expenditure patterns, considering both the “usual suspects” that frequently are cited as spending drivers, as well as certain significant dynamics that may be the main contributors to rising costs. We conclude that in order to successfully contain costs, health reform will need to address these underlying factors. (shrink)

Some legal philosophers regard the use of deontic language to describe the law as philosophically significant. Joseph Raz argues that it gives rise to ‘the problem of normativity of law’. He develops an account of what he calls ‘detached’ legal statements to resolve the problem. Unfortunately, Raz’s account is difficult to reconcile with the orthodox semantics of deontic language. The article offers a revised account of the distinction between committed and detached legal statements. It argues that deontic statements carry a (...) Gricean generalized conversational implicature to the effect that the rules in question reflect the speaker’s own commitments. Detached legal statements are made when this implicature is either explicitly cancelled or when the conversational context is sufficient to defeat the implicature. I conclude by offering some tentative reflections on the theoretical significance of deontic language in the law. (shrink)

In recent years there have been substantial changes in approaches to how genders are made and what functions genders fulfill. Most of the scholarly focus in this area has been in the areas of feminist, gay, and lesbian studies, and heterosexual masculinity - which tended to be defined by lack and absence - has not received the critical and scholarly attention these other areas have received. _Heterosexual Masculinities _rethinks a psychoanalytic tradition that has long thought of masculinity as a sort (...) of brittle defense against femininity, softness, and emotionality. Reflecting current trends in psychoanalytic thinking, this book seeks to understand heterosexual masculinity as fluid, multiple, and emergent. The contributors to this insightful volume take new perspectives on relations between men, men’s positions as fathers in relation to their sons and daughters, the clinical encounter with heterosexual men, the social contexts of masculinity, and the multiplicity of heterosexual masculine subjectivities. What to a previous generation would have appeared as pathological or defensive, we now encounter as forms of masculine subjectivity that include wishes for intimacy, receptivity, and surrender, alongside ambition and the pleasures of "phallic narcissism.". (shrink)

Discussions of research involving vulnerable populations have left the homeless comparatively ignored. Participation by these subjects in drug studies has the potential to be upsetting, inconvenient, or unpleasant. Participation occasionally produces injury, health emergencies, and chronic health problems. Nonetheless, no ethical justification exists for the categorical exclusion of homeless persons from research. The appropriate framework for informed consent for these subjects of pharmaceutical research is not a single event of oral or written consent, but a multi-staged arrangement of disclosure, dialogue, (...) and permission-giving. Payments and other rewards in biomedical research raise issues of whether it is ethical to offer inducements to the homeless in exchange for participation in drug studies. Such inducements can influence desperate persons who are seriously lacking in resources. The key is to strike a balance between a rate of payment high enough that it does not exploit subjects by underpayment and low enough that it does not create an irresistible inducement. This proposal does not underestimate the risks of research, which are often overestimated and need to be appraised in light of the relevant empirical literature. (shrink)

The essays examine specimens of social intolerance drawn from a broad field of history and culture: Classical Greece, the Middle East, Europe, Africa, and America. Themes include women’s legal rights; humanitarian law; legitimized child sacrifice; discrimination against racial and religious minorities; religious animosity; Just War morality; theological discord; philosophical antagonism.

Book reviewed in this article: Unloving Care: The Nursing Home Tragedy. By Brace C. Vladeck.

The thesis that law necessarily claims authority is popular amongst legal philosophers. Some distinguished legal philosophers, including the late John Gardner, Joseph Raz and Scott Shapiro, have suggested that support for this thesis is found in legal officials’ use of deontic language. This article begins by considering the merits of this suggestion. I discuss two unpromising arguments for the claim thesis based on the use of deontic language in law. I then suggest that a more plausible basis for the claim (...) thesis lies in the felicity conditions of the speech acts that legal officials perform. In the absence of an explicit claim to authority, legal officials make a presupposition to authority over their subjects. The presupposition arises from interaction between the felicity conditions of legal speech acts and basic norms of cooperative communication. I consider some implications of this conclusion for our understanding of legal authority. (shrink)