My dissertation comprises three inter-related chapters, all of which explore the nature of work law and critically analyze the prevailing emphasis on matters of contract. The Escape Plans of Mill and Jefferson: I discuss these thinkers’ unsuccessful “escape plans” to minimize wage work. Mill advocated cooperative, worker-owned firms, while Jefferson favored farming the vast American frontier. I explore whether, if realized, either proposal would have satisfied the demands of justice. I argue that such proposals are normatively deficient because they lead (...) us mistakenly to assume that so long as the law provides alternatives to wage labor, it can justly leave work relationships in an unregulated, Dickensian state. In reply, I contend that we have no just alternative to engaging in the messy and difficult task of regulating the workplace. Revising the Roles of Master and Servant: I critically examine the claim that work law is best understood as part of contract law, arguing that this view is neither descriptively nor normatively instructive. Rather than understanding work law as a set of restraints on freedom of contract, we should see it as creating and defining special relationships, much like the codified definitions of marriages and corporations. I trace the development of work relationships through the common law of “master and servant” and more recent statutory modifications. I argue that the history and present form of work law are not consistent with the contract-centered view of work law as “interfering” with an otherwise free labor market. Competing Ideologies and the End of the Lochner Era: I examine Howard Gillman’s critique of the view that early-20th Century Supreme Court Justices sought to advance policy preferences rather than interpret the law. Gillman reconstructs the legal basis for their decisions, thus undermining the claim that they merely pursued laissez faire policies. However, Gillman then claims that the Justices who overruled liberty-of-contract in West Coast Hotel had no principled basis for their decisions. In response, I argue that West Coast Hotel was not only based on a plausible interpretation of constitutional law, but also the best outcome with respect to justice. (shrink)

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

Stephen Stich has criticized the possibility of providing a legitimate set of norms for reasoning, since such norms are justified via reference to pretheoretical intuitions. I argue that through a process of perspicuously mapping the belief sphere one can generate a list of intellectual virtues that instrumentally lead to true beliefs. Hence, one does not have to rely on intuitions since the norms of reason are derived from factual claims about the intellectually virtuous agent.

In a rather obscure moment in James Joyce’s Portrait of an Artist as a Young Man, Stephen Dedalus enters into a conversation with an equally obscure character named Ghezzi. The conversation concerns the Nolan, Giordano Bruno. Ghezzi recalls that Bruno was a “terrible heretic,” and expresses “some sorrow” that he was burned at the stake.For the history of philosophy, there may similarly be “some sorrow” that little more is known about Bruno than that which is contained in Joyce’s (...) reference. He certainly has not come to be viewed as being as important as Galileo or Copernicus, and all things considered, probably is not. However, the views ahout an infinite universe which they expounded with no little fear and intimidation, Bruno bullishly popularized.From time to time, historians of philosophy will touch base with Bruno, recall his ideological martyrdom, and again try to interpret some of his odd speculations. This article attempts to serve two functions in this regard. First, it acts as a basic primer on Bruno for those who may not be especially aware of his contribution to the history of Western philosophy. Then, for those well-versed in philosophy, it acts as a review of Bruno based on some of the latest materials that have been written on his life and thought. (shrink)

This book provides practical and research-based chapters that offer greater clarity about the particular kinds of teacher reflection that matter and avoids talking about teacher reflection generically, which implies that all kinds of reflection are of equal value.

In the outpatient ultrasound suite of a major urban medical center, the mood is somber. A young woman lies tense and anxious. Pregnant for the first time, she has experienced early first-trimester bleeding. The radiologist relates the ultrasound findings: there has been a small hemorrhage, but there is a six-week-size fetus with normal cardiac activity. Translation: the baby is alive! The woman quietly sobs, happy but apprehensive.Across the drive, in the main hospital building, a young boy lies unresponsively (...) comatose in the Pediatric Intensive Care Unit. He was hit by a car while riding his bicycle. He is relying on a ventilator to breath, but his cardiovascular system is supporting itself. After a series... (shrink)

The practice of psychotherapy, or any form of counseling, inevitably requires an anthropological foundation from which to work. Defining the nature of personhood is a task which necessitates an explanation of the various aspects of the self, and the relationships between those aspects. In particular, it is crucial to delineate how the person is both an individual being and a relational being, for we intuitively experience life in both dimensions. These are two characteristics which have often been presented in opposition (...) to each other, however. What is needed is a theory which balances the individual character of personhood with the social character of personhood. The task at hand is to develop such a balance which can serve as a foundation for a Christian psychology. ;C. Stephen Evans, a philosopher and post-empirical critic of modern psychology, has emphasized the individual aspects of personhood. Soren Kierkegaard has influenced Evans' view of the self. Thus, Evans conceives of the person as fundamentally an agent, who chooses freely, acts purposefully and reasonably, and is responsible for the consequences of those choices and actions. ;Ray S. Anderson has developed a theological anthropology and on that basis has articulated a theoretical view of Christian counseling. His theory of the nature of personhood, influenced by the theologies of Karl Barth and Dietrich Bonhoeffer, is a thoroughly social perspective. The person is essentially relational, such that one is social before one is psychological. ;The present work constructs an integrative theory which balances the individual and social insights from Evans' and Anderson's views, respectively. It is accomplished through an analysis of the self across two ontological statuses and three orientations . A biblical paradigm is developed to illustrate the grounding of that theory in a Christian framework. Implications for therapeutic interventions are provided. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kierkegaard’s Relations to Hegel ReconsideredStephen N. DunningJon Stewart. Kierkegaard’s Relations to Hegel Reconsidered. New York: Cambridge University Press, 2003. Pp. xix + 695. Cloth, $55.00.It is rare to find a scholarly book that treats its topic exhaustively. But Jon Stewart's 658-page Kierkegaard's Relations to Hegel Reconsidered, despite its author's disclaimers, comes close. It is an impressive attempt to demolish what Stewart calls "the standard view," using a three-part (...) argument: that Hegel exerted a substantial positive influence on the young Kierkegaard; [End Page 500] that Kierkegaard was never the radical critic of Hegel claimed by the "standard view"; and that most Kierkegaard scholars (especially Niels Thulstrup in Kierkegaard's Relation to Hegel [Princeton: Princeton UP, 1980]) have been led astray on these matters by their ignorance of Kierkegaard's philosophical milieu and their ideological bias.Hegel's positive influence on Kierkegaard is presented in chapters devoted respectively to The Concept of Irony, Either/Or, and Sickness Unto Death. Stewart employs a contextual method, limiting himself to passages in Kierkegaard's texts that have clearly been influenced by passages in or characteristics of Hegel's works. He easily shows Hegelian influence on the dialectical structure of the argument in The Concept of Irony, on the contrast between the ancient and "modern" Antigones in Part One of Either/Or, on the concepts of mediation and romantic love presented in Part Two, and on the dialectical structure of the section on "The Forms of This Sickness (Despair)" in The Sickness Unto Death.The claim that Kierkegaard was never a strong critic of Hegel turns on Stewart's careful contextual analysis of the major Danish Hegelians and anti-Hegelians contemporary with Kierkegaard. Thanks to Bruce Kirmmse's Kierkegaard in Golden Age Denmark (Bloomington: Indiana UP, 1990), many scholars will be familiar with Heiberg and Martensen, and also the anti-Hegelian Bishop Mynster, but few will have examined the Hegelianism of Adler and the criticisms of Sibbern and Møller. Stewart argues that the texts of Kierkegaard's "middle period," which appear to attack Hegel directly, are really an attack on the Danish Hegelians—especially Heiberg, Martensen and Adler. He claims that "Hegel" often served as a code name for one of these Hegelians, and that such secret codes were commonly used, just like pseudonyms, to avoid giving offence in the small town of Copenhagen.Stewart's criticism of other scholars is based upon both his analyses of the selected passages in Kierkegaard's works and his discussion of the Danish Hegelians. It is true that many scholars have portrayed Kierkegaard as one-dimensionally anti-Hegelian, and some may have done it for the ideological reasons imputed to them by Stewart. But it is not clear that Thulstrup, for example, deserves to be dismissed as a scholar. He clearly admitted that Kierkegaard had read sections of Hegel's major works "intensively," and he also observed that Kierkegaard was provoked to his anti-Hegelianism by the influence of Hegel on Martensen (whom Thulstrup mentions often, as also Heiberg and Mynster). Stewart implies that Thulstrup had little understanding of Hegel and no interest in the Danish Hegelians, but his discussion of Thulstrup's work is too selective to be persuasive.Stewart also seems to have been a bit hasty in concluding that recent scholarship on the Hegel-Kierkegaard relation blindly follows Thulstrup and the "standard view." In different ways, Robert Perkins, Merold Westphal and I have all written on aspects of Kierkegaard's thought that show Hegelian influences. Stewart lists us in his Bibliography and even cites my book as one of several that investigates Hegelian influences on The Sickness Unto Death, but he never discusses the arguments we present, even though they clearly strengthen his claim about Hegel's positive influence on Kierkegaard. Indeed, the only American book on "Hegel and Kierkegaard" he takes seriously is Mark C. Taylor's Journeys to Selfhood: Hegel & Kierkegaard (Berkeley, 1980), which is a creative philosophical project that does not attempt to be a study of their historical relationship. Stewart writes that much scholarship suffers from using a "text-immanent" (628) method of analysis that ignores the relevant historical... (shrink)

This volume presents the fruits of an extended dialogue among American and Chinese philosophers concerning the relations between virtue ethics and the Confucian tradition. Based on recent advances in English-language scholarship on and translation of Confucian philosophy, the book demonstrates that cross-tradition stimulus, challenge, and learning are now eminently possible. Anyone interested in the role of virtue in contemporary moral philosophy, in Chinese thought, or in the future possibilities for cross-tradition philosophizing will find much to engage with in the twenty (...) essays collected here. (shrink)

My goal in this paper 1 is, first, to collect together a number of themes and observations that have usually been kept apart, locked up in their respective disciplines. When these are brought together, some general and far reaching implications become really rather clear. In particular, I want to make a case for the implicit coherence of these themes in the idea that.

I am concerned that the military’s Rules of Engagement (ROE) exclusively focus on prescribing permissible actions but fail to consider the servicemembers’ blameworthiness. In explaining this concern, I will illuminate how permissible actions do not necessarily yield blamelessness. While permissibility is generally a function of rules or good outcomes, blameworthiness is at least a function of an agent’s intentions. Why should we care about permissible actions done with blameworthy intentions? I offer two distinct motivations. Using a self-defense situation as an (...) example, I explain that neglecting to consider blame can increase the magnitude of harm done to an apparent but merely possible attacker. Secondly, we should certainly be concerned about the harms done to servicemembers, and I show that ROE that fail to prescribe a blameless intention may result in increased harm to servicemembers in the form of a “moral injury”. In even more general terms, I am advocating for a more robust in bello consideration of intentions. (shrink)

Confucian political philosophy has recently emerged as a vibrant area of thought both in China and around the globe. This book provides an accessible introduction to the main perspectives and topics being debated today, and shows why Progressive Confucianism is a particularly promising approach. Students of political theory or contemporary politics will learn that far from being confined to a museum, contemporary Confucianism is both responding to current challenges and offering insights from which we can all learn. The Progressive Confucianism (...) defended here takes key ideas of the twentieth-century Confucian philosopher Mou Zongsan as its point of departure for exploring issues like political authority and legitimacy, the rule of law, human rights, civility, and social justice. The result is anti-authoritarian without abandoning the ideas of virtue and harmony; it preserves the key values Confucians find in ritual and hierarchy without giving in to oppression or domination. A central goal of the book is to present Progressive Confucianism in such a way as to make its insights manifest to non-Confucians, be they philosophers or simply citizens interested in the potential contributions of Chinese thinking to our emerging, shared world. (shrink)

Tian 天 is central to the metaphysics, cosmology, and ethics of the 800-year-long Chinese philosophical tradition we call “Neo-Confucianism,” but there is considerable confusion over what tian means—confusion which is exacerbated by its standard translation into English as “Heaven.” This essay analyzes the meaning of tian in the works of the most influential Neo-Confucian, Zhu Xi 朱熹, presents a coherent interpretation that unifies the disparate aspects of the term’s meaning, and argues that “cosmos” does an excellent job of capturing this (...) meaning and therefore should be adopted as our translation of tian. (shrink)

Harvey Lederman has argued that the relationship signaled by W ang Yangming’s 王陽明 slogan “_zhi xing he yi_ 知行合一” is best captured by the principle “Unity: A person genuinely knows filiality if and only if they are acting filially.” In this essay I explain that Lederman views “extending knowing” and attaining “genuine knowing” as primarily episodic, in just the way that our actions are episodic (sometimes we are acting, sometimes we are not), but I argue that “extending knowing” and attaining (...) “genuine knowing” are centrally about a deeper and sustained transformation. (shrink)

The core thesis of this essay is that “progressive Confucianism” is a clear and viable category, a label for many though not all contemporary Confucians, which succeeds in capturing what is useful about so-called “liberal” Confucianism without suffering from various problems to which I show “liberal Confucianism” falls prey. The essay begins with examples of progressive Confucians being labeled as “liberal” in ways that are misleading. I next turn to the use of “liberal” by influential twentieth-century New Confucians and then (...) look at some contemporary theorists who are often labeled “liberal Confucians.” Overall, for reasons having to do both with content and with rhetoric, I argue that even some Confucians who have been content to be called “liberal Confucians” should resist this label and identify as progressive Confucians instead, although others with “dualcommitments” may still prefer “liberal Confucian” or even “Confucian liberal.” The essay concludes with some further clarification of the senses in which progressive Confucians use the idea of “progress.” . (shrink)

When we speak, we mean more than we say. In this book Stephen C. Levinson explains some general processes that underlie presumptions in communication.

Louis Jacques Mandé Daguerre was a true nineteenth-century visionary—a painter, printmaker, set designer, entrepreneur, inventor, and pioneer of photography. Though he was widely celebrated beyond his own lifetime for his invention of the daguerreotype, it was his origins as a theatrical designer and purveyor of visual entertainment that paved the way for Daguerre's emergence as one of the world's most iconic imagemakers. In Speculating Daguerre, Stephen C. Pinson reinterprets the story of the man and his time, painting a vivid (...) picture of Daguerre as an innovative artist and savvy impresario whose eventual fame as a photographer eclipsed everything that had come before. Drawing upon previously unpublished correspondence and unplumbed archival sources, Pinson mixes biography with an incisive study of Daguerre's wide-ranging involvement in visual culture. From his work as a commercial lithographer to his coinvention of the Paris Diorama—a theater in the round in which Daguerre employed natural light and special effects to simulate time and movement in large-scale paintings—here we are given access to Daguerre the artist, whose tireless experimentation, entrepreneurial spirit, and exceptional talent for popular spectacle helped to usher in a new visual age. Filled with more than one hundred illustrations and including the first complete catalogue of Daguerre's paintings, works on paper, and daguerreotypes to appear in print, the publication of Speculating Daguerre will be a much-heralded event for anyone with even a passing interest in one of the most fascinating characters in the history of photography. (shrink)

Neo-Confucianism is a philosophically sophisticated tradition weaving classical Confucianism together with themes from Buddhism and Daoism. It began in China around the eleventh century CE, played a leading role in East Asian cultures over the last millennium, and has had a profound influence on modern Chinese society. -/- Based on the latest scholarship but presented in accessible language, Neo-Confucianism: A Philosophical Introduction is organized around themes that are central in Neo-Confucian philosophy, including the structure of the cosmos, human nature, ways (...) of knowing, personal cultivation, and approaches to governance. The authors thus accomplish two things at once: they present the Neo-Confucians in their own, distinctive terms; and they enable contemporary readers to grasp what is at stake in the great Neo-Confucian debates. (shrink)

Given the complexity of teams involved in creating AI-based systems, how can we understand who should be held accountable when they fail? This paper reports findings about accountable AI from 26 interviews conducted with stakeholders in AI drawn from the fields of AI research, law, and policy. Participants described the challenges presented by the distributed nature of how AI systems are designed, developed, deployed, and regulated. This distribution of agency, alongside existing mechanisms of accountability, responsibility, and liability, creates barriers for (...) effective accountable design. As agency is distributed across the socio-technical landscape of an AI system, users without deep knowledge of the operation of these systems become disempowered, unable to challenge or contest when it impacts their lives. In this context, accountability becomes a matter of building systems that can be challenged, interrogated, and, most importantly, adjusted in use to accommodate counter-intuitive results and unpredictable impacts. Thus, accountable system design can work to reconfigure socio-technical landscapes to protect the users of AI and to prevent unjust apportionment of risk. (shrink)

In this essay, I find much to admire and little to disagree with in Shu-Shan L ee ’s use of James Scott’s “public transcript” framework to excavate a theory of political obligation that applies to common people in premodern China. I offer some ways to further explore the implications of Lee’s analysis, in part by connecting Lee’s essay to related work on the obligations of elites. I then build on Lee’s own suggestions of connections to contemporary empirical attitudes and contemporary (...) normative views, asking in what ways Lee’s account of public obligation might be able to make room for the idea that the people, as political children, might one day be able to grow up. (shrink)

Ineffability, the degree to which percepts or concepts resist linguistic coding, is a fairly unexplored nook of cognitive science. Although philosophical preoccupations with qualia or nonconceptual content certainly touch upon the area, there has been little systematic thought and hardly any empirical work in recent years on the subject. We argue that ineffability is an important domain for the cognitive sciences. For examining differential ineffability across the senses may be able to tell us important things about how the mind works, (...) how different modalities talk to one another, and how language does, or does not, interact with other mental faculties. (shrink)

Reading the Mahāvaṃsa: The Literary Aims of a Theravāda Buddhist History. By Kristin Scheible. South Asia across the Disciplines. New York: Columbia University Press, 2016. Pp. viii + 223. $60.

A Reply to F an Ruiping Content Type Journal Article DOI 10.1007/s11712-010-9189-7 Authors Stephen C. Angle, Department of Philosophy, Wesleyan University, 350 High Street, Middletown, CT 06459, USA Journal Dao Online ISSN 1569-7274 Print ISSN 1540-3009.

I approach this encounter with Joseph Chan’s important work on Confucian perfectionism from a fundamentally sympathetic standpoint. Most basically, I agree with two of his key premises. Confucianism is more than a rich historical tradition: it is a live strand of political theory, able to criticize and contribute to our lives today. But for modern Confucianism to be plausible and attractive, it must find a way to embrace the idea of limited government or constitutionalism in a deeper fashion than it (...) did historically. There are many other issues that Joseph covers in his book, and on many of these I am also in agreement with him. But my interest here is in the grounding of limited... (shrink)

An overview of Zhu Xi's moral psychology, with a special focus on the metaphysical underpinnings and the relations between heartmind (xin), emotions (qing), and nature (xing). The authors explain how Zhu uses his account to balance the demand for independent standards of assessment with his commitment to ethical norms that virtuous agents can embrace wholeheartedly.

Comments on L. T. Hoshmand & J. Martin's (see record 1995-28533-001) proposal for providing unity in psychological science. Hoshmand and Martin suggest that psychology may derive its own naturalized epistemology by studying and describing the activities in which psychologists are currently engaged, find successful, and how it is that they historically arrived at these practices. While Hoshmand and Martin's notion that an historico-descriptive analysis may be helpful for the study of psychology is not rejected, it is argued that a critical (...) examination of the theoretical bases of psychological research programs, as well as the theoretical assumptions of the historico-descriptive method itself, must precede its employment. (shrink)

The book's significance is two-fold: it argues for a new stage in the development of contemporary Confucian philosophy, and it demonstrates the value to Western ...

In June of 2008, the International Society for Comparative Studies of Chinese and Western Philosophy (ISCWP) convened its third Constructive Engagement conference, on the theme of “Comparative Philosophy Methodology.” During the opening speeches, Prof. Dunhua ZHAO, Chair of the Philosophy Department at Peking University, challenged the conference’s participants to put forward a minimal definition of “comparative philosophy” and a statement of its methods. Based on the papers from the conference and the extensive discussion that ensued, during my closing reflections at (...) the end of the conference I offered a tentative synthesis of the conference’s conclusions. That summary has already been published on-line as part of the bi-annual ISCWP newsletter (Angle 2008). In this brief essay, I recapitulate the themes of my earlier summary and expand, in my own voice, on some of the key points. (shrink)

Those aspects of language use that are crucial to an understanding of language as a system, and especially to an understanding of meaning, are the acknowledged concern of linguistic pragmatics. Yet until now much of the work in this field has not been easily accessible to the student, and was often written at an intimidating level of technicality. In this textbook, however, Dr Levinson has provided a lucid and integrative analysis of the central topics in pragmatics - deixis, implicature, presupposition, (...) speech acts, and conversational structure. A central concern of the book is the relation between pragmatics and semantics, and Dr Levinson shows clearly how a pragmatic approach can resolve some of the problems semantics have been confronting and simplifying semantic analyses. The complexity of these issues is not disguised, but the exposition is always clear and supported by helpful exemplification. The detailed analyses of selected topics give the student a clear view of the empirical rigour demanded by the study of linguistic pragmatics, but Dr Levinson never loses sight of the rich diversity of the subject. An introduction and conclusion relate pragmatics to other fields in linguistics and other disciplines concerned with language usage - psychology, philosophy, anthropology and literature. Many students in these disciplines, as well as students of linguistics, will find this a valuable textbook. (shrink)

Acts of perception are shown to be based on dynamic drives and interests, And so to be parts of purposive acts. A number of consequences follow. For instance, In distal auditory or visual perceptions there are two objects--The transcendent object of the distant goal and source of stimulation, And the immediate sensory object with its anticipatory references. This leads to an operational-Correspondence theory of truth to verify the references. Passive traditional theories are confused on this and other relevant points.