Rational-choice theory is pervasive in legal theorizing. Most law and economics work assumes that human beings make decisions that are rational as to both their ends and means. Decisions are ends-rational if they are directed at goals that satisfy the person's utility function; decisions are means-rational if they adopt methods reasonably connected to achieving those goals. Institutionalist theory assumes that institutions are composed of actors pursuing their own rational ends by rational means and, further, that those institutions themselves can be (...) said to have rational ends pursued by rational means. Most rational-choice theorizing in law is positive: Thinkers are using the theory as a stylized way of describing patterns of behavior or predicting expected behavior. Such theorizing can also be normative: Rationality of ends and means is an aspiration of human and institutional actors, and law can improve upon existing behavior through rules, procedures, and structures. (shrink)

Tacitus' claim that history should inspire good deeds and deter bad ones should be taken seriously: his exempla are supposed to help his readers think through their own moral difficulties. This approach to history is found in historians with clear connections to Stoicism, and in Stoic philosophers like Seneca. It is no coincidence that Tacitus is particularly interested in the behavior of Stoics like Thrasea Paetus, Barea Soranus, and Seneca himself. They, and even non-Stoic characters like Epicharis and Petronius, exemplify (...) the behavior necessary if Roman freedom was to survive the monarchy. (shrink)

Augustus' account of the events of 28 and 27 b.c. is maddeningly vague. In part the problem is simply that his individual phrases are ambiguous, but a more fundamental difficulty is the very nature of the Res Gestae itself. The idea of publishing such a self-satisfied account of one's own doings is so alien to our modern sensibilities that we tend to read the Res Gestae as though Augustus were capable of saying almost anything. We have concluded too easily, therefore, (...) that at R.G. 34.1 Augustus is telling an outrageous lie, or at least an outrageous half-truth. After saying that he ended the civil wars, and acquired supreme power, Augustus claims to have handed over the state to the senate and the people of Rome. On the traditional reading this last claim is seriously misleading; Augustus may have handed over the state, but he fails to mention that the senate handed it back. (shrink)

When students are meaningfully involved and emotionally invested in content, they learn more and perform better. In 20 strategies for increasing student engagement, Dr. William N. Bender provides practical examples, guidelines, and the research behind his teaching tips to help educators focus on specific strategies for engaging students in the classroom. In today's rigorous educational landscape, even the most effective teachers are working to polish their practice. Bender offers a wealth of ways to develop intensive, attention-grabbing instructional techniques that (...) foster high levels of student achievement.--from book cover. (shrink)

According to many believers there is no end to the enlightening things that may be truly said about God. Perhaps there is no end for them either to the useful ways of dividing these things up into illuminating classes. But as fairly traditional theists we suggest a need to stress two basic classes as two indispensable sides to a traditional theist’s coin. We suggest that neglect or rejection of either side can debase the currency under philosophical investigation, can lead a (...) philosopher—or at least his puzzled readers—into costly muddles about the analysis or evaluation of religious discourse and claims. (shrink)

How are the demands of morality related to the needs, interests, and projects of people? Are they a burden, or are they good for us? Are they nothing but arbitrary impositions, or should we expect them to be justified? And will the answers to these questions tell us why and whether we should be moral? In this short, accessible text, William Nelson poses these questions in a form appropriate for beginning students and treats them in a way that both (...) they and their teachers will appreciate. In the company of major figures from the history of ethics, Nelson explores the key issues surrounding topics like egoism, altruism, the good life, and the requirements of morality. A special strength of his presentation is the way he demonstrates how the views of these historical figures prefigure the theories espoused by different schools of contemporary thought. Students get not only the historical positions in terms of which contemporary debates are framed but also up-to-date discussions of utilitarianism, contractualism, problems of collective action, and the relations between virtue and duty-based theories. Nelson's own view that morality is not a single subject matter enables him to show how each of the historical traditions has a role to play in a coherent and defensible pluralistic account of morality. At the core of this pluralism is a commitment to the democratic view that morality must not merely serve practical human purposes, but it must also be justified to the people it governs. Imaginative and insightful, intelligent and informed, this is an excellent first text for students of ethics and the history of ethics. (shrink)

Whether one should accept a principle like DDE cannot be settled independent of one's more general moral theory. In this, I take it, I agree with Professor Boyle, though I do not think he has shown that DDE has a role only in his particular form of absolutism. Still, since his theory does require DDE, an important question is what the alternatives are – whether we must choose between this absolutism and either utilitarianism or intuitionism. A form of contractualism, the (...) requirements of which derive to a large extent from institutionally or conventionally established rights, is sketched here as an attractive alternative. It does not lead, so far as I can see, to DDE. Keywords: authority, contractualism, rights CiteULike Connotea Del.icio.us What's this? (shrink)

An experimenting society is one in which policy-relevant knowledge is created. It is then critically assessed and communicated in real-life or natural settings, with the aim of discovering new forms of public action to improve the problem-solving capacities of society. This latest volume of the distinguished Policy Studies Review Annual series probes, evaluates, and augments the work of Donald T. Campbell on an experimental societies. A basic assumption of this volume is that Campbell's perspective supplies a useful way to address (...) increasingly complex and seemingly unmanageable problems facing the United States and other postindustrial societies. This volume is also the fourteenth festschrift to be issued by Transaction. The focus is on theoretical as well as practical options for creating an experimenting society. The rationale for this focus is the belief, increasingly -shared in the social science and policy-making communities alike, that researchers are essentially ignorant about how to solve many of the most pressing larger problems of this epoch. This frank recognition of ignorance is a prerequisite of genuine scientific and professional curiosity, without which knowledge gains are next to impossible to achieve, and a'precondition of an experimenting society. Contributors to this original volume include: Steve-Fuller, Duncan MacRae, Jr., Anthony S. Bryk, Robert A. Beauregard, Rita Mae Kelly, Peter Gregware, Burkart Holzner, B. Guy Peters, C. West Churchman, and Ian I. Mitroff. Their multidisciplinary competencies are at once philosophical, methodological, and substantive. They address such questions as: What new or bold policies are available in domains such as education, science, and urban development? In what ways can theoretical knowledge and practical action be fused so as to illuminate or alleviate policy problems? What should be done? Included are excerpts from Campbell's foundational paper "The Experimenting Society," as well as a recent article entitled "Methods for the Experimenting Society," which circulated in unpublished form for many years. An unusual feature of the book is Campbell's responses to those who have addressed his work with candor and intelligence. It will be of interest to policy studies scholars, sociologists, and social scientists. (shrink)

This chapter contains sections titled: The Positivist Era, 1890s to 1930s: Eclecticism and Specific Intent The Legal Process Era, 1938–69: Purposive Interpretation Post–Legal Process Theories: 1969–Present References.

Normal 0 false false false MicrosoftInternetExplorer4 During the Philippine-American War of 1899-1902, the United States Army’s most difficult, and renowned, counterinsurgency campaign was waged on the island of Samar. The Samareño insurgents had a well developed infrastructure and were merciless with those who collaborated with the Americans. The Samarnons made extensive use of the island’s rough terrain with heavy forest cover, and raised funds from the island’s hemp merchants. The Americans defeated the insurgents by separating them from the population. This (...) was achieved through food restrictions, a strict policy of non-neutrality forcing the people to choose between them or the insurgents, by concentrating the population in camps, by providing benefits to those who cooperated with them, and through skillful use of intelligence to dismantle the insurgent infrastructure. This campaign may have been an excellent demonstration of the principles of counterinsurgency warfare but it inflicted substantial abuses upon the Samarnons and caused long term damage to the island’s economy. Given the atrocities associated with the campaign, and its detrimental effects upon the island’s economy, one must truly wonder if it provides lessons worth learning. (shrink)