This paper deals with three topics: types of rights, the development of the terminology of rights, and the question of the primacy of welfare rights. Because these topics are interrelated, my exposition does not observe rigid boundaries among them. There is no pretence at all that any of these subjects is fully covered here; nor is it proposed, except for one writer, to touch upon the contemporary literature on rights, as noteworthy as some of that literature is. In order to (...) gain entrance into the field, on which the writing has grown to massive proportions, I shall begin with an interesting historical phenomenon, some of whose philosophical import I want to explore. I should say at the outset, however, that the general motivation of this paper is the problem of the significance of the language of “rights.” Does it really make a difference, for instance, to speak of the “rights of man” rather than the “common duties of humanity”? Does the term “rights” add anything of special significance or is its only significance rhetorical and ideological? Can we dispense with the language of rights and still say everything we need to say about our moral relations? I confess to a moderate skepticism about the necessity of the language of rights in the last analysis. At any rate, this paper is intended as a contribution, however small, to this problem. The historical phenomenon with which I am going to begin will enable us to bring into focus the issue of the meaning of “rights.”. (shrink)

"Alterity and Criticism: Retracing Time in Modern Literature" argues that the role of time in canonical literature underlies the experience of alterity and requires a new hermeneutic to clarify how the self emerges in literary texts. Romantic poetry from Goethe to Shelley and the modern prose tradition from Flaubert to Butor constitute different traditions but also indicate, on a textual basis, how alterity is crucial to reading, thus encouraging us to interpret literary texts in terms of the related concerns of (...) self, other and time. This volume engages in discussions of cultural semiotics and late phenomenology, and provides insights into how modern literature provides one way of assessing the possibility of World Literature for our own time. It will be of interest to students and scholars of both literature and philosophy. (shrink)

Game theory is central to modern understandings of how people deal with problems of coordination and cooperation. Yet, ironically, it cannot give a straightforward explanation of some of the simplest forms of human coordination and cooperation--most famously, that people can use the apparently arbitrary features of "focal points" to solve coordination problems, and that people sometimes cooperate in "prisoner's dilemmas." Addressing a wide readership of economists, sociologists, psychologists, and philosophers, Michael Bacharach here proposes a revision of game theory that resolves (...) these long-standing problems. In the classical tradition of game theory, Bacharach models human beings as rational actors, but he revises the standard definition of rationality to incorporate two major new ideas. He enlarges the model of a game so that it includes the ways agents describe to themselves their decision problems. And he allows the possibility that people reason as members of groups, each taking herself to have reason to perform her component of the combination of actions that best achieves the group's common goal. Bacharach shows that certain tendencies for individuals to engage in team reasoning are consistent with recent findings in social psychology and evolutionary biology. As the culmination of Bacharach's long-standing program of pathbreaking work on the foundations of game theory, this book has been eagerly awaited. Following Bacharach's premature death, Natalie Gold and Robert Sugden edited the unfinished work and added two substantial chapters that allow the book to be read as a coherent whole. (shrink)

The theory of rationality has traditionally been concerned with the investigation of the norms of rational thought and behaviour, and with the reasoning pro‐cedures that satisfy them. As a consequence, the investigation of irrationality has largely been restricted to the behaviour or thought that violates these norms. There are, how‐ever, other forms of irrationality. Here we propose that the delusions that occur in schizophrenia constitute a paradigm of irrationality. We examine a leading theory of schizophrenic delusion and propose that some (...) delusions can be traced to a violation of a condition on thought we call egocentricity. We argue that the violation of egocen‐tricity leads to irrational states that cannot be explained by the traditional categories of irrationality and conclude, therefore, that these states belong in a new branch of the theory of irrationality, that of experiential irrationality. (shrink)

Demonstrates the systematic connection between Kant's ethics and his philosophy of history.

The Indian Buddhist philosopher Vasubandhu is known for his critical contribution to Buddhist Abhidharma thought, his turn to the Mahayana tradition, and his concise, influential Yogacara-Vijñanavada texts. _Paving the Great Way_ reveals another dimension of his legacy: his integration of several seemingly incompatible intellectual and scriptural traditions, with far-ranging consequences for the development of Buddhist epistemology and the theorization of tantra. Most scholars read Vasubandhu's texts in isolation and separate his intellectual development into distinct phases. Featuring close studies of Vasubandhu's (...) _Abhidharmakosabhasya_, _Vyakhyayukti_, _Vimsatika_, and _Trisvabhavanirdesa_, among other works, this book identifies recurrent treatments of causality and scriptural interpretation that unify distinct strands of thought under a single, coherent Buddhist philosophy. In Vasubandhu's hands, the Buddha's rejection of the self as a false construction provides a framework through which to clarify problematic philosophical issues, such as the nature of moral agency and subjectivity under a broadly causal worldview. Recognizing this continuity of purpose across Vasubandhu's diverse corpus recasts the interests of the philosopher and his truly innovative vision, which influenced Buddhist thought for a millennium and continues to resonate with today's philosophical issues. An appendix includes extensive English-language translations of the major texts discussed. (shrink)

Normative theories can be useful in developing descriptive theories, as when normative subjective expected utility theory is used to develop descriptive rational choice theory and behavioral game theory. “Ought” questions are also the essence of theories of moral reasoning, a domain of higher mental processing that could not survive without normative considerations.

Philosopher, rabbi, religious historian, Gnostic: who was Jacob Taubes and what is at stake in his works? To begin answering this question, it is useful to consider his writings in conjunction with those of Carl Schmitt, with whom he shared an interest in the theological background of modern politics. Although Taubes made the acquaintance of such thinkers as Gershom Scholem, T. W. Adorno, Herbert Marcuse, and Jacques Derrida, this complex history with Schmitt has been the best known and most notorious (...) of his relationships. Though never blind to the legal theorist's political past, Taubes acknowledged his intellectual debt to Schmitt…. (shrink)

Standard game theory cannot explain the selection of payoff-dominant outcomes that are best for all players in common-interest games. Theories of team reasoning can explain why such mutualistic cooperation is rational. They propose that teams can be agents and that individuals in teams can adopt a distinctive mode of reasoning that enables them to do their part in achieving Pareto-dominant outcomes. We show that it can be rational to play payoff-dominant outcomes, given that an agent group identifies. We compare team (...) reasoning to other theories that have been proposed to explain how people can achieve payoff-dominant outcomes, especially with respect to rationality. Some authors have hoped that it would be possible to develop an argument that it is rational to group identify. We identify some large—probably insuperable—problems with this project and sketch some more promising approaches, whereby the normativity of group identification rests on morality. (shrink)

In principle, all patients deserve to receive optimal medical treatment equally. However, in situations in which there is scarcity of time or resources, medical treatment must be prioritized based on a triage. The conventional guidelines of medical triage mandate that treatment should be provided based solely on medical necessity regardless of any non-medical value-oriented considerations (“worst-first”). This study empirically examined the influence of value-oriented considerations on medical triage decision–making. Participants were asked to prioritize medical treatment relating to four case scenarios (...) of an emergency situation resulting from a car collision. The cases differ by situational characteristics pertaining to the at-fault driver, which were related to culpability attribution. In three case scenarios most participants gave priority to the most severely injured individual, unless the less severely injured individual was their brother. Nevertheless, in the aftermath of a vehicle-ramming terror attack most participants prioritized the less severely injured individual (“victim-first”). Our findings indicate that when caregivers are presented with concrete highly conflictual triage situations their choices may be based on value-oriented considerations related to contextual characteristics of the emergency situation. Philosophical and practical ramifications of our findings are discussed. (shrink)

In this essay, it is proposed that the dialogues of Plato be interpreted through the lens of Yoga philosophy. No historical claims are made alleging transmission of ideas from India to Greece. It is claimed, however, that seeing Plato's thought through the categories of Yoga is both a neglected approach and an illuminating one.

Class discussions about ethical, social, philosophical and other controversial issues frequently result in disagreement. This leaves a problem: has there been any progress? This article introduces and analyses the concept ‘collective epistemic progress’ in order to resolve this problem. The analysis results in four main ways of understanding, guiding and judging collective epistemic progress in the face of seemingly irreconcilable differences. Although it might seem plausible to analyse and judge collective epistemic progress by the increasing vigour of the dialogue community, (...) by how long the conversation is continued, or by how close we have moved towards consensus or the truth, I argue that these fail to provide serviceable analyses or epistemic criteria. Yet, we might instead analyse, understand and judge progress using epistemic criteria such as whether we have: furthered the one distributed process of inquiry or deliberation; and reached mutual understanding; inquiry milestones; or consensus about our procedures. (shrink)

The underlying theme of this article is how a successor state should deal with its past. It considers whether a state that is committed to the rule of law may depart from it in order to deal with problems left to it by its predecessor regime. Specifically, may it use retroactive legislation to punish informers who collaborated with a predecessor police state? Lon Fuller's formulation of the canons of the rule of law as an internal morality of law is expounded (...) as well as his notion of legal pathology as symptomatic of departure from the canons' requirements. Various problems inherent to the implementation of the rule of law are examined, such as the effect of the passage of time on reasonable expectations. While legal pathology is always a matter of degree, police states are shown to suffer seriously from it. Among the examples discussed are Nazi Germany and Communist East Germany, though it is granted that there are moral differences between them. In the course of the discussion, a response is made to some contemporary critiques of the rule of law. Although it would be difficult to formulate a retroactive law for punishing informers, it is argued that such a law may be the best way for a successor state to express a moral judgment on its past. Diesem Artikel liegt die Frage zugrunde, in welcher Weise ein Nachfolge-Staat mit seiner Vergangenheit umgehen sollte. Es wird untersucht, ob ein Staat, der sich der Idee des Rechtsstaats verpflichtet fühlt, von dieser Idee abrücken darf, um mit den Problemen umzugehen, die ihm von seinem Vorgänger-Staat hinterlassen worden sind. Insbesondere wird gefragt, ob ein solcher Staat zu dem Mittel rückwirkender Gesetzgebung greifen darf, um Denunzianten zu bestrafen, die mit einem vorangehenden Polizeistaat kollaboriert haben. Lon Fullers Formulierung der Prinzipien eines Rechtsstaats im Sinne einer internen Moralität des Rechts wird ebenso erläutert wie sein Begriff von rechtlicher Pathologie als Symptom für ein Abgehen von den Anforderungen der genannten Prinzipien. Verschiedene Schwierigkeiten, die mit der Verwirklichung des Rechtsstaats entstehen, werden näher untersucht, so etwa die Auswirkungen des Zeitablaufs hinsichtlich vernünftiger Erwartungen . Wenngleich rechtliche Pathologie immer eine Frage des Grades ist, kann doch gezeigt werden, daß Polizeistaaten ernstlich an ihr leiden. Unter den diskutierten Beispielen sind Nazi-Deutschland und das kommunistische Ostdeutschland, obwohl zugegeben werden muß, daß es zwischen diesen moralische Unterschiede gibt. Im Verlauf der Untersuchung wird zudem auf einige gegenwärtige kritische Stellungnahmen zum Rechtsstaat erwidert. Obwohl es schwierig wäre, ein rückwirkendes Gesetz zur Bestrafung von Denunzianten zu formulieren, wird doch die These vertreten, daß ein derartiges Gesetz der beste Weg für einen Nachfolge-Staat sein könnte, ein moralisches Urteil über seine Vergangenheit zum Ausdruck zu bringen. (shrink)

It is argued that color constancy is only one of the benefits of color vision and probably not the most important one. Attention to a different benefit, chromatic contrast, suggests that the features of the environment that played a role in the evolution of color vision are properties of particular ecological niches rather than properties of naturally-occurring illumination. [Shepard].

The question of context is fundamental in the debate on “What is art?” What the uses of the term mean colour all debates about life and art. Since I am interested in the interpretation and understanding of context in art, and also in life, as well as in how visual arts reinforce or change our mind-constructs either consciously or automatically, I investigate the place of context within this scheme, while referring to various approaches to context and raise series of questions (...) that offer alternatives and point to difficulties. (shrink)

In presenting the case for according rights and dignity to other creatures, Mark Gold argues that compassion for our fellow humans is a prerequisite for sympathy for animals. He shows how, down the years, animal campaigners have played a crucial role in the struggles against slavery, racism and the oppression of women and children. For those new to the subject, Animal Rights offers a whole new philosophy of life, based on care and compassion for all of creation. For those already (...) converted, here is a heart-warming endorsement of their concerns that demonstrates how a combination of peaceful, determined campaigning and caring consumerism can and does produce results. After answering all the common arguments and misrepresentations levelled against those who campaign for animal rights, Mark Gold moves from theory to practice, offering advice in the second half of the book on the best available alternatives to the many things we do and buy that depend upon animal exploitation. Extensive listings of addresses and sources in both Britain and the USA will prove invaluable to old hands and the newly converted alike. (shrink)

Extreme intentional and deliberate violence against innocent people, including acts of terror and school shootings, poses various ethical challenges, some related to the practice of medicine. We discuss a dilemma relating to deliberate violence, in this case the aftermath of a terror attack, in which there are multiple injured individuals, including the terror perpetrator. Normally, the priority of medical treatment is determined based on need. However, in the case of a terror attack, there is reason to question this. Should the (...) perpetrator of extreme violence receive medical treatment on the scene before the victims if he or she is designated as the most seriously injured? Or rather, should victims receive medical care priority if they are also in some life-threatening danger, although not at the same level of severity as the perpetrator? We present two opposing approaches: the conventional ‘no-exceptions’ approach, which gives priority to the terrorist, and the justice-oriented ‘victim first’ approach, which gives priority to the victims. Invoking concepts of retributive justice, distributive justice and corrective justice, this latter approach suggests that ‘value-neutrality’ can lead to injustice. Perpetrators of terror-like violence should be treated as an act of humanism and good ethical medical practice. However, in clear and obvious terror-like situations, to treat the perpetrators of violence before their victims may be unjust. Thus, in some specific situations, the ‘victim first’ approach may be considered a legitimate alternative triage policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 123.3 (2002) v-vi [Access article in PDF] ThesmophoriazousaiPrefaceThe American Journal of Philology began the year 1999 (Volume 120.1) with a special issue, the first in AJP's history, devoted to the Senatus Consultum de Cn. Pisone Patre. The guest editors of this volume were Cynthia Damon and Sarolta Takacs. While it has not been the practice of the Journal to publish special issues, it seems appropriate (...) that we do so from time to time when a particularly interesting set of articles on a major theme presents itself. Such special issues are able to cover an author, work, or subject with more range and depth than one individual paper can, and they often contain layers of complexity and interdisciplinary insights that a single author would find it difficult to contribute.This special issue had its origins in the conference "Performing Aristophanes," held at Case Western Reserve University on February 24, 2001. Designed by the University's Theater Arts Department to complement the production of Mary-Kay Gamel's version of Aristophanes' Thesmophoriazousai, The Julie Thesmo Show, the conference was generously supported by the Baker-Nord Center and by the Susan and Ronald Heller Conferences for the Arts Fund. Two of the articles in this volume, those by Angeliki Tzanetou and Gonda Van Steen, were presented in an earlier version at the conference; others offering presentations were Niall W. Slater, Peter Meineck, John Starks, Jr., and Richard Perloff. Jeffrey Henderson provided incisive comments (which formed the basis for his epilogue in this volume). The other articles included here (Gamel, Scharffenberger, Stehle) were added at a later date.As Henderson points out in his epilogue, the Thesmophoriazousai is the Aristophanic play that has been least explored by scholars. But it has lately received more notice in new translations and a new critical [End Page 5] edition, and the time seems right for a new production of this play with accompanying reflections on its performance history, issues of gender and the body, the limits of a written text, the relationship between tragedy and comedy and between ritual and theatrical representation, and an unpublished, controversial, and relatively unknown translation of this play. Indeed, classicists are now paying more attention to both performance studies/performance criticism and translation as bona fide subdisciplines of classics. It should be noted that this year, for only the second time, the American Philological Association gave the Goodwin Award of Merit to a translation (of several plays of Aristophanes, done for the Loeb Classical Library by Jeffrey Henderson). 1 AJP has in the past year published as Brief Mentions several reviews of contemporary performances of ancient texts.Thus, this special issue marks a new horizon for the American Journal of Philology. I would like to extend my thanks to Mary-Kay Gamel, the guest editor of this volume, for overseeing, editing, coordinating, and encouraging these articles and for her leadership in the fields of performance and performance studies in classics.Barbara K. Gold Editor Note 1. The first award was given in 1977 to Harold Cherniss for his two-part Loeb edition of Plutarch's Moralia, Vol. 13. The award to Henderson was the first time the award was given for a literary translation.... (shrink)

Recently, the discussion regarding the physicians’ “Right of Conscience” has been on the rise. This issue is often confined to the “reproductive health” arena within the political context. The recent dispute of the Bush-Obama administrations regarding the legal protections of health workers who refuse to provide care that violates their personal beliefs is an example of the political aspects of this dispute. The involvement of the political system automatically shifts the discussion regarding physicians’ ROC into the narrow area of “reproductive (...) health laws.” Indeed, the immediate association that comes to mind when thinking about the practical implications of this dispute is related to the reproductive health arena. This is partly because of the historical context of the first “conscience clauses,” initially enacted by Congress and state legislatures in the mid-1970s; in fact, most of these clauses provided specific exemptions for abortion and few exempted sterilization as well. (shrink)