Numerous labor-management issues possess ethical dimensions and pose ethical questions. In this article, the authors discuss four labor-management issues that present important contemporary problems: union organizing, labor-management negotiations, employee involvement programs, and union obligations of fair representation. In the authors view, labor and management too often view their ethical obligations as beginning and ending at the law''s boundaries. Contemporary business realities suggest that cooperative and enlightened modes of interaction between labor and management seem appropriate.

In 2017 Ploug and Holm argued that anonymizing individuals in the Danish circumcision registry was insufficient to protect these individuals from what they regard as the potential harms of being in the registry. We argue that Ploug and Holm’s fears in each of the areas are misguided, not supported by the evidence, and could interfere with the gathering of accurate data. The extent of the risks and harms associated with ritual circumcision is not well known. The anonymized personal health data (...) supplemented with the circumcision registry will enable more precise research into the medical consequences of ritual circumcision, and allow parents to make more fully informed decisions about circumcision with minimal, if any, adverse consequences. (shrink)

The foreskin is a complex structure that protects and moisturizes the head of the penis, and, being the most densely innervated and sensitive portion of the penis, is essential to providing the complete sexual response. Circumcision—the removal of this structure—is non-therapeutic, painful, irreversible surgery that also risks serious physical injury, psychological sequelae, and death. Men rarely volunteer for it, and increasingly circumcised men are expressing their resentment about it.Circumcision is usually performed for religious, cultural and personal reasons. Early claims about (...) its medical benefits have been proven false. The American Academy of Pediatrics and the Centers for Disease Prevention and Control have made many scientifically untenable claims promoting circumcision that run counter to the consensus of Western medical organizations.Circumcision violates the cardinal principles of medical ethics, to respect autonomy, to do good, to do no harm, and to be just. Without a clear medical indication, circumcision must be deferred until the child can provide his own fully informed consent.In 2012, a German court held that circumcision constitutes criminal assault. Under existing United States law and international human rights declarations as well, circumcision already violates boys› absolute rights to equal protection, bodily integrity, autonomy, and freedom to choose their own religion. A physician has a legal duty to protect children from unnecessary interventions. Physicians who obtain parental permission through spurious claims or omissions, or rely on the American Academy of Pediatrics' position, also risk liability for misleading parents about circumcision. (shrink)

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, (...) prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners. (shrink)

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

This chapter brings some much-needed conceptual clarity to the debate about Locke’s scientific methodology. Instead of having to choose between the method of hypothesis and that of natural history (as most interpreters have thought), he would resist prescribing a single method for natural sciences in general. Following Francis Bacon and Robert Boyle, Locke separates medicine and natural philosophy (physics), so that they call for completely different methods. While a natural philosopher relies on “speculative” (causal-theoretical) hypotheses together with natural-history making (...) to explicate phenomena, a medical practitioner must prioritize collecting data about what remedies tend to cure what diseases over hypothesizing about the causes of the latter. (shrink)

This important collection of more than twenty original essays by prominent Kant scholars covers the multiple aspects of Kant’s teaching in relation to his published works. With the Academy edition’s continuing publication of Kant’s lectures, the role of his lecturing activity has been drawing more and more deserved attention. Several of Kant’s lectures on metaphysics, logic, ethics, anthropology, theology, and pedagogy have been translated into English, and important studies have appeared in many languages. But why study the lectures? When they (...) are read in light of Kant’s published writings, the lectures offer a new perspective of Kant’s philosophical development, clarify points in the published texts, consider topics there unexamined, and depict the intellectual background in richer detail. And the lectures are often more accessible to readers than the published works. This book discusses all areas of Kant's lecturing activity. Some essays even analyze in detail the content of Kant's courses and the role of textbooks written by key authors such as Baumgarten, helping us understand Kant’s thought in its intellectual and historical contexts. Contributors: Huaping Lu-Adler; Henny Blomme ; Robert Clewis; Alix Cohen; Corey Dyck; Faustino Fabbianelli; Norbert Fischer; Courtney Fugate; Paul Guyer; Robert Louden; Antonio Moretto; Steve Naragon; Christian Onof; Stephen Palmquist; Riccardo Pozzo; Frederick Rauscher; Dennis Schulting; Oliver Sensen; Susan Shell; Werner Stark; John Zammito; Günter Zöller. (shrink)

Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...) Contributors: - Matthew D. Adler - Gary S. Becker - John Broome - Robert H. Frank - Robert W. Hahn - Lewis A. Kornhauser - Martha C. Nussbaum - Eric A. Posner - Richard A. Posner - Henry S. Richardson - Amartya Sen - Cass R. Sunstein - W. Kip Viscusi. (shrink)

THE fifteenth edition of the Encyclopaedia Britannica is another of the projects undertaken by philosophers Robert M. Hutchins and Mortimer Adler. Hutchins chaired the Board of Editors, while Adler served as director of planning. This latest edition has the distinction of being the largest single private publishing venture in history, involving a thirty-two million dollar investment, over fifteen years of effort, and many thousands of consultants and contributors. This essay will attempt to assess philosophy’s share in so (...) massive an undertaking. (shrink)

This collection reflects the extraordinary career of the man it honors in its variety of subjects and range of scholarship. Mortimer Adler proposes six amendments to the Constitution. Paul Eidelberg surveys the rise of secularism from Socrates to Machiavelli. Hellmut Fritzsche, a physicist, catalogs some famous scientific mistakes. David Grene (Anastaplo's dissertation advisor) looks at Shakespeare's Measure for Measure as "mythological history." Harry V. Jaffa continues a running debate with Anastaplo on how to read the Constitution, James Lehrberger examines (...) Aquinas's views on natural law, Harry Newman argues "The Case Against Politics." Studs Terkel interviews Anastaplo on his encounter with the Illinois bar, and John Van Doren and others contribute a selection of poems. George Anastaplo turned to an academic career when he was denied admission to the bar in 1950 because, on principle, he affirmed the right of revolution and refused to say whether he was a Communist. In this age of academic specialization, Anastaplo's career has been distinguished by a remarkable versatility of thought. Author of five books, including The Artist as Thinker: From Shakespeare to Joyce (Swallow Press, 1983), Human Being and Citizen: Essays on Virtue, Freedom and the Common Good (Swallow Press, 1986), The Constitution of 1787: A Commentary (1989), and The American Moralist: On Law, Ethics, and Government (Ohio University Press, 1992), Anastaplo has also, for the past three decades, produced a steady stream of essays, articles, and papers on subjects from baseball to the Koran, from Socrates to Freud. Volume 2 of Law and Philosophy includes a complete bibliography of his works. (shrink)

This chapter examines Soren Kierkegaard's thoughts about ethics and his use of ‘the ethical’ his works, suggesting that the ethical is the most used concept in his works and his views about it are complex. It evaluates his treatment of the ethical in his Fear and Trembling and his opinion about the significance of the divine authority in The Book on Adler, and also considers his account of ethical obligations towards others in his Works of Love.

In this paper I hope to demonstrate two different ways of interpreting the tenets of evidentialism and show why it is important to distinguish between them. These two ways correspond to those proposed by Feldman and Adler. Feldman’s way of interpreting evidentialism makes evidentialism a principle about epistemic justification, about what we ought to believe. Adler’s, on the other hand, makes evidentialism a principle about how we come to believe, what it is, broadly speaking, rational for us to (...) believe. Having identified this difference, I consider two complaints levied against evidentialism, namely what I call the threshold problem and what I call the availability problem, and hope to show that: only an independent, bracketed justification principle of evidentialism can deal with those problems; the rationality principle of evidentialism is not in fact independent from the justification principle; the rationality principle is hard to motivate; and that in the final analysis the argument for the justification principle depends on the rationality principle. I thus conclude that although it may be convenient for evidentialists to treat these two principles as independent, such an independence cannot be maintained. (shrink)

The drama of the unfolding of the spirit, Corrington argues, is one of the most powerful struggles within the human process. The spirit is in and of nature and can never lift the self outside of nature. For Corrington's ecstatic naturalism, there is no realm of the supernatural, only dimensions and orders within nature.

In his case report, A Logic in Madness, Aaron Hauptman details the case of Mr. A, an intelligent college student with Asperger’s syndrome, who became severely depressed subsequent to what he perceived as a rejection by what he viewed as “the love of his life.” Dr. Hauptman describes Mr. A as suicidal and as suffering from all the hallmarks of a major depression. At the urging of his family, he presents himself to a psychiatric inpatient unit and agrees to a (...) voluntary hospitalization. However, he refuses pharmacological treatment or electroconvulsive therapy, both of which his clinicians are considering given the severity of his case. Dr. Hauptman describes the young man’s response... (shrink)

The purpose of this essay is to map out the perspective of ecstatic naturalism and its corollary theology of deep pantheism. Ecstatic naturalism begins and ends with the fissuring between nature naturing (nature perennially creating itself out of itself alone) and nature natured (the innumerable orders of the world). Nature naturing and its pulsating potencies could also be named: der Wille (Schopenhauer), firstness (Peirce), the transcendental psychoid (Jung), and creativity (Whitehead). Deep Pantheism rejects theism, with a fully transcendent deity, and (...) panentheism, with its deity both in and beyond nature. The “deep” in my form of pantheism refers to the otherness of the unfathomable depths of the unconscious of nature. The theism entailed is that of gods and goddesses, finitely located, that are archetypal images. The symbol of the Great Mother is a premier locus for grounding and enveloping the human psyche. The travail of mind involves the fitful and precarious transitions between finite and embedded mind within nature natured and the emergence of an awareness of the depths of the human, cultural, collective, and natural modes of the unconscious via nature naturing. (shrink)

Cet article propose une brève discussion de la représentation des arbres et des grottes dans l’art grec, en soulignant la tendance de ces deux motifs paysagers à se recouvrir ou à se confondre sur un plan formel.The article offers a brief discussion of tree and cave representations in Greek art, tracing a tendency of these two landscape motifs to overlap or appear in conflated form.

Aristotle contends that in perception the sense organ is “made like” its object, but only “in a certain way.” Much controversy has surrounded these remarks, primarily about how to understand being “made like.” One camp has understood this to require literal exemplification, such that the sense organs manifest the sensible qualities of their objects. Others have understood likeness to require no physical alteration at all in the sense organs.I accept as a starting point in this paper that understanding perceptual likeness (...) in terms of exemplification is a non-starter. By doing so, however, I also reject the easiest and most direct understanding of what it means for the sense organs to be “made like” their objects. Others who have shared this assumption have suggested that likeness consists in “isomorphism.” Unfortunately, they have not adequately explicated how this notion is to be understood, with the result that Aristotle’s theory of perception remains crucially underdeveloped. I argue that the key is to understand the form of isomorphism at work in Aristotle’s account of thinking. (shrink)

"Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.

This study uses the ATBEQ, as published by J.F. Preble and A. Reichel (1988) to measure attitudes towards ethical business attitudes held by final year South African Bachelor of Commerce students at Rhodes University. Three samples of students were assessed over three consecutive years of 1989, 1990 and 1991, and results are compared with samples (1988) of American and Israeli students and a sample (1991) of Western Australian students. A significant difference in attitudes was found to exist between the Israeli (...) and South African samples. A factor analysis of the questionnaire identified eleven factors of which seven are theoretically labelled. A revised version of the ATBEQ is suggested which excludes the poorly performing questions. (shrink)

In separate reviews of The Copernican Question published in the Summer 2012 issue of this journal, Noel Swerdlow and John Heilbron find little that meets their approval while failing to provide readers with a full and accurate summary of the book’s major claims and arguments.* The reviewers engage in an exercise in deconstructive surgery, essentially breaking down and reconstituting the work into separate studies. Swerdlow, who devotes most of his twenty-five page treatment to chapter 3 (with brief side-glances at the (...) introduction, chapters 1, 8, and 11), leaves the impression that my book is almost entirely about Copernicus. Heilbron, who confines himself mostly to what I have to say about Galileo, identifies a .. (shrink)

Growing concern about economic inequality has generated a polarized narrative regarding the causes and consequences of extreme wealth. We contend that divided ideological positions obscure a more mundane reality about the typical wealthiest 1% households. Using data from the triennial survey of consumer finance, we demonstrate that there is substantial heterogeneity within the 1%. Contrary to public discourse, the typical 1% household does not have wealth reflective of popular rich lists, but derives a significant share of its wealth from ownership (...) and active management of small- to medium-sized private enterprise. We use these findings to shed new insights on business families’ relationship to economic inequality and open promising new areas of inquiry regarding the role of the family business in society. (shrink)

The story of this book of 'materials on Ludwik Fleck' is also the story of the reception of Ludwik Fleck. In this volume, some essential materials which have been produced by that reception have been gathered together.

ABSTRACT Recent scholarship has attempted to restore the reputation of the American electorate, even though its level of political interest and information has not measurably increased. Scott Althaus’s Collective Preferences in Democratic Politics challenges this revisionist optimism, arguing that opinion polls misrepresent the interests of a large segment of society, and that they therefore get too much attention as a guide to policy makers, because those being polled are so ill informed. But Althaus overestimates the degree to which respondent ignorance (...) is responsible for the instability of survey responses; and he is perhaps too critical of polling as the vehicle for transmitting voter interests. His analysis of information effects on political attitudes, however, raises the important question of how public opinion would be different if it were well informed. The answer is, I believe: only minimally different. (shrink)

This 10th book in the series addresses automaticity and how it relates to social behavior.

: Erich Auerbach's famous comparative study of Homer and the Bible, "Odysseus' Scar," argues that their contrastive styles derive from the different possibilities available to oral tradition and literature. In support of this thesis, I invoke two theories of verbal art: Walter Benjamin's description of the storyteller's craft, and Victor Shklovsky's definition of art as "defamiliarization." Through a comparative analysis of the use of type-scenes in Homer and in biblical narrative, I demonstrate how Homer is a traditional storyteller, practicing an (...) "art of the familiar," whereas biblical narrative "defamiliarizes" traditional forms. (shrink)

Nowhere do things flourish which are not a combination of inert elements, and nowhere can we perceive matter as other than that constant nourishment which thought directs, regulates, and controls, but on which it is dependent. In the autumn of 1798, Immanuel Kant published what was his final work, The Conflict of the Faculties. The latter comprises three essays, which ostensibly address the conflicts between the lower faculty of philosophy and the higher faculties of, respectively, theology, law, and medicine. Each (...) of the three essays was written for a different purpose and at a different time :2 the first, completed in 1794, deals with the relationship between.. (shrink)

For the edition of A Second Collection prepared for the Collected Works of Bernard Lonergan, editors Robert M. Doran and John D. Dadosky have added archival materials directly related to almost every one of the papers, bringing the reader closer to the original compositions.