Management theory and practice are facing unprecedented challenges. The lack of sustainability, the increasing inequity, and the continuous decline in societal trust pose a threat to ‘business as usual’. Capitalism is at a crossroad and scholars, practitioners, and policy makers are called to rethink business strategy in light of major external changes. In the following, we review an alternative view of human beings that is based on a renewed Darwinian theory developed by Lawrence and Nohria. We label this alternative (...) view ‘humanistic’ and draw distinctions to current ‘economistic’ conceptions. We then develop the consequences that this humanistic view has for business organizations, examining business strategy, governance structures, leadership forms, and organizational culture. Afterward, we outline the influences of humanism on management in the past and the present, and suggest options for humanism to shape the future of management. In this manner, we will contribute to the discussion of alternative management paradigms that help solve the current crises. (shrink)

The placement of hydrogen in the periodic table has unique implications for fundamental questions of chemical behavior. Recent arguments in favor of placing hydrogen either separately at the top of the table or as a member of the carbon family are shown to have serious defects. A Coulombic model, in which all compounds of hydrogen are treated as hydrides, places hydrogen exclusively as the first member of the halogen family and forms the basis for reconsideration of fundamental concepts in bonding (...) and structures. The model provides excellent descriptive and predictive ability for structures and reactivities of a wide range of substances. (shrink)

Concerns about business ethics have led many business schools to integrate ethics into the curriculum, with mixed results (May, Luth, & Schwoerer 2014, Wang & Calvano 2015, Waples, Antes, Murphy, Connelly & Mumford 2009). This paper seeks to improve our understanding of business students’ ethics by looking into their identity, a cognitive lens by which students see themselves and interpret their environment (Triandis 1989) and that can be relatively malleable to priming and socializing processes (Vignoles, Schwartz, & Luyckx 2011, Ybarra (...) & Trafimow 1998). Results show that undergraduate students with higher individual and lower collective identities report lower intentions to behave ethically. Moreover, our results show that a business education has the power to influence students’ ethical intentions by altering their individual and collective identities. Our results suggest that business schools should consider the effects of their curriculum and pedagogies on the development of individual and collective identities to educate more ethical business students. (shrink)

In 1929 the newly-reorganized Rockefeller Foundation funded the work of a cross-disciplinary group at Harvard University called the Committee on Industrial Physiology. The committee’s research and pedagogical work was oriented towards different things for different members of the alliance. The CIP program included a research component in the Harvard Fatigue Laboratory and Elton May’s interpretation of the Hawthorne Studies; a pedagogical aspect as part of Wallace Donham’s curriculum for Harvard Business School; and Lawrence Henderson’s work with the Harvard Pareto (...) Circle, his course Sociology 23, and the Harvard Society of Fellows. The key actors within the CIP alliance shared a concern with training men for elite careers in government service, business leadership, and academic prominence. But the first communications between the CIP and the Rockefeller Foundation did not emphasize training in human biology. Instead, the CIP presented itself as a coordinating body that would be able to organize all the varied work going on at Harvard that did not fit easily into one department, and it was on this basis that the CIP became legible to the President of Harvard, A. Lawrence Lowell, and to Rockefeller’s Division of Social Sciences. The members of the CIP alliance used the term human biology for this project of research, training and institutional coordination. (shrink)

Mark Sagoff draws on the last twenty years of debate over the foundations of environmentalism in this comprehensive revision of The Economy of the Earth. Posing questions pertinent to consumption, cost-benefit analysis, the normative implications of neo-Darwinism, the role of the natural in national history, and the centrality of the concept of place in environmental ethics, he analyses social policy in relation to the environment, pollution, the workplace, and public safely and health. Sagoff distinguishes ethical from economic questions and explains (...) which kinds of concepts, arguments, and processes are appropriate to each. He offers a critique 'preference' and 'willingness to pay' as measures of value in environmental economics and defends political, cultural, aesthetic, and ethical reasons to protect the natural environment. (shrink)

Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial intelligence (AI) (...) research attempts to develop such models. But even as cognitive science has displaced behavioralism as the dominant paradigm for investigating the human mind, fundamental questions about the very possibility of artificial intelligence continue to be debated. This Essay explores those questions through a series of thought experiments that transform the theoretical question whether artificial intelligence is possible into legal questions such as, "Could an artificial intelligence serve as a trustee?" What is the relevance of these legal thought experiments for the debate over the possibility of artificial intelligence? A preliminary answer to this question has two parts. First, putting the AI debate in a concrete legal context acts as a pragmatic Occam's razor. By reexamining positions taken in cognitive science or the philosophy of artificial intelligence as legal arguments, we are forced to see them anew in a relentlessly pragmatic context. Philosophical claims that no program running on a digital computer could really be intelligent are put into a context that requires us to take a hard look at just what practical importance the missing reality could have for the way we speak and conduct our affairs. In other words, the legal context provides a way to ask for the "cash value" of the arguments. The hypothesis developed in this Essay is that only some of the claims made in the debate over the possibility of AI do make a pragmatic difference, and it is pragmatic differences that ought to be decisive. Second, and more controversially, we can view the legal system as a repository of knowledge-a formal accumulation of practical judgments. The law embodies core insights about the way the world works and how we evaluate it. Moreover, in common-law systems judges strive to decide particular cases in a way that best fits the legal landscape-the prior cases, the statutory law, and the constitution. Hence, transforming the abstract debate over the possibility of AI into an imagined hard case forces us to check our intuitions and arguments against the assumptions that underlie social decisions made in many other contexts. By using a thought experiment that explicitly focuses on wide coherence, we increase the chance that the positions we eventually adopt will be in reflective equilibrium with our views about related matters. In addition, the law embodies practical knowledge in a form that is subject to public examination and discussion. Legal materials are published and subject to widespread public scrutiny and discussion. Some of the insights gleaned in the law may clarify our approach to the artificial intelligence debate. (shrink)

The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and human rights are integrally connected: Human (...) rights violations adversely affect the community's health, coercive public health policies violate human rights, and advancement of human rights and public health reinforce one another. Despite the deep traditions in public health, ethics, and human rights, they have rarely cross-fertilized—although there exists an important emerging literature. For the most part, each of these fields has adopted its own terminology and forms of reasoning. Consequently, Mann advocated the creation of a code of public health ethics and the adoption of a vocabulary or taxonomy of “dignity violation”. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

Successful athletic performance requires precision in many respects. A batter stands behind home plate awaiting the arrival of a ball that is less than three inches in diameter and moving close to 100 mph. His goal is to hit it with a ba­­t that is also less than three inches in diameter. This impressive feat requires extraordinary temporal and spatial coordination. The sweet spot of the bat must be at the same place, at the same time, as the ball. A (...) basketball player must keep a ball bouncing as she speeds from one end of the court to another, evading defensive players. She may never break pace as she lifts from the ground, throwing the ball fifteen feet toward a hoop that is eighteen inches in diameter. One task facing a psychologist involves explaining how the body does such things within the sometimes very demanding spatial and temporal constraints that a given task imposes. Part of the goal of this chapter is to sketch the commitments of an embodied approach to such an explanation. We shall see that an embodied account of motor skills draws concepts that depart radically from more traditional cognitivist theories of motor activity. Similarly, because an embodied approach to cognition introduces new ways to understand the human capacity for social interaction, it also promises to shed new light on how athletes coordinate their actions with each other. (shrink)

This article extends the concept of symmetry to ethics. Using the case of canola in Canada, the authors argue that grades and standards simultaneously subject humans and nonhumans to rites of passage that test their "goodness. " Then, they further develop a tentative typology of standards. The authors argue that these standards allow something resembling the neoclassical market to be established, create the conditions for economic analysis, and allocate power among human actors.

Prominent defenders of the extended cognition thesis have looked to evolutionary theory for support. Roughly, the idea is that natural selection leads one to expect that cognitive strategies should exploit the environment, and exploitation of the right sort results in a cognitive system that extends beyond the head of the organism. I argue that proper appreciation of evolutionary theory should create no such expectation. This leaves open whether cognitive systems might in fact bear a relationship to the environment that leads (...) to their extension. *Received July 2009; revised January 2010. †To contact the author, please write to: Department of Philosophy, 5185 Helen C. White Hall, 600 North Park Street, University of Wisconsin, Madison, WI 53706; e‐mail: [email protected]. (shrink)

De Neys argues against assigning exclusive capacities to automatic versus controlled processes. The dual implicit process model provides a theoretical rationale for the exclusivity of automatic threat processing, and corresponding data provide empirical evidence of such exclusivity. De Neys's dismissal of exclusivity is premature and based on a limited sampling of psychological research.

This essay investigates the indeterminacy thesis - roughly the claim that the content of authoritative legal materials (such as the texts of constitutions, statutes, cases, rules, and regulations) does not determine the outcome of particular legal disputes. The indeterminacy thesis can be formulated as either "strong" or weak." The strong version of the indeterminacy thesis is demonstrably false, but several weak versions of the thesis are true but lack the radical implications of strong indeterminacy.The strong indeterminacy thesis is the claim (...) that all cases are "hard" cases - or that in any case any conceivable result can be derived from existing legal doctrine. Strong indeterminacy does not hold if there are easy cases - cases in which some outcomes cannot be legally correct. For example, if it were the case that the first paragraph of this abstract did not slander Gore Vidal, then there would be at least one easy case, and strong indeterminacy would be false.Weak versions of the indeterminacy thesis include the claim that important cases are indeterminate, that the law does not necessarily determine outcomes, or that every case could become indeterminate if political conditions supported indeterminacy. These weaker claims may be true, but they lack the critical bite associated with strong indeterminacy.The essay also distinguishes between "determinacy," "indeterminacy," and "underdeterminacy." The law is "determinate" with respect ot a given case if and only if the set of results that can be squared with the legal materials contains only one member. The law is "indeterminate" with respect to a given case if and only if the set of results that can be squared with the legal materials is identical with the set of all imaginable results. The law is "underdeterminate" with respect to a given case if and only if the set of results that can be squared with the legal materials is a nonidentical subset of the set of all imaginable results.This article was first published in 1987, and some of the author's views have been revised in interim. (shrink)

From its first appearance in 1844, Max Stirner’s major work, Der Einzige und sein Eigentum ,[1] has produced little agreement among its many interpreters. The very first of these interpreters was Friedrich Engels, who suggested that Stirner’s doctrines would be quite compatible with Benthamite utilitarianism, which he then admired, and even saw in these doctrines the potential of benefiting communism.[2] Marx, in short order, corrected this optimistic deviation, and then—with a surely repentant Engels—set forth the orthodox gospel for all future (...) generations of communists: Stirner, or “Sankt Max,” was but the speculative spokesman for the petty bourgeois, a decadent Hegelian boasting over the unrestraint of his self inflated ego.[3] Sidney Hook echoed Marx when he condemned Stirner’s work as but the “social defense mechanism of a petty bourgeois soul.”[4] Others, unsatisfied with this “petty” status, elevate him to that of the Grand Bourgeois, or Fascist.[5] Still others, taking an opposite stance, see in Stirner the most articulate defender of individual liberty.[6] In between, he has been called a nihilist, an anarchist, an existentialist, a solipsist, an anti Benthamite, an intemperate capitalist, or—as we might now suspect—an anti capitalist.[7] At least two commentators, lost in the confusion, have managed to escape the need to classify Stirner within the ongoing political and ethical categories and simply declare him to be insane.[8] In short, the list of radically diverse interpretations.. (shrink)

Shapiro tests these hypotheses against two rivals, the mental constraint thesis and the embodied mind thesis. Collecting evidence from a variety of sources (e.g., neuroscience, evolutionary theory, and embodied cognition) he concludes that the multiple realizability thesis, accepted by most philosophers as a virtual truism, is much less obvious than commonly assumed, and that there is even stronger reason to give up the separability thesis. In contrast to views of mind that tempt us to see the mind as simply being (...) resident in a brain or body, Shapiro argues for a far more encompassing integration of mind, brain, and body than philosophers have supposed. (publisher, edited). (shrink)

In this groundbreaking new study, Lowell Nissen explores the use of teleological language in the study of subjects such as behaviorism, negative feedback, and natural selection. He argues that all existing analyses fail to explain how teleological language can be used legitimately, and provides his own analysis in terms of intentionality.

In [9] Mundici introduced a categorical equivalence Γ between the category of MV-algebras and the category of abelian [MATHEMATICAL SCRIPT SMALL L]-groups with strong unit. Using Mundici's functor Γ, in [8] the authors established an equivalence between the category of perfect MV-algebras and the category of abelian [MATHEMATICAL SCRIPT SMALL L]-groups. Aim of the present paper is to use the above functors to provide Yosida like representations of a large class of MV-algebras.

I show how Hans Jonas, one of Heidegger's most distinguished Jewish students, traces his mentor's susceptibility to Nazism to a moral nihilism at the heart of Heidegger's teaching in "Being and Time". I then demonstrate how Jonas's own "existential interpretation of the biological facts" and metaphysical grounding of "an imperative of responsibility" provide one of the most systematic and challenging rejoinders to the moral failings of Heidegger's thought.

This is the text of a talk given at the Robert and Sarah Boote Conference in Reductionism and Anti-Reductionism in Physics, 22-23 April, 2006, Center for Philosophy of Science University of Pittsburgh.

Salmon, following Reichenbach and others, maintained that distant simultaneity was conventional in a special relativistic world in a way in which this was not so in prerelativistic spacetime. This paper surveys and criticizes a number of proposals to unpack this claim. It goes on to argue that if the claim has validity, it rests upon differing facts about epistemic accessibility of temporal relations in the different spacetimes, and not directly upon any facts about differing causal structures in these worlds.

Arguments from thought experiment ask the reader to imagine some hypothetical, sometimes exotic, often fantastic, scenario for the sake of illustrating or countering some claim. Variously characterized as mental experimentation, imaginary cases, and even crazy cases, thought experiments figure into both scientific and philosophical arguments. They are often criticized for their fictive nature and for their lack of grounding. Nevertheless, they are common especially in arguments in ethics and philosophy of mind. Moreover, many thought experiments have spawned variations that attempt (...) to both affirm and refute their original arguments. These emended thought experiments exhibit a variety of styles, details, and embellishments. A rhetorical analysis of these variations suggests a reciprocal influence between the arguers' selection of details and their philosophical commitments. I offer examples of this relationship from the variations on John Searle's Chinese Room thought experiment and Judith Thomson's unconscious violinist thought experiment. (shrink)

A veritable cookbook for individuals or corporations seeking funding from the federal government, The Complete Writing Guide to NIH Behavioral Science Grants contains the latest in technical information on NIH grants, including the new electronic submission process. Some of the most successful grant writers in history have contributed to this volume, offering key strategies as well as tips and suggestions in areas that are normally hard to find in grant writing guides, such as budgeting, human subjects, and power analysis. A (...) "who's who" among grant reviewers, this guidebook provides "inside" information as to why some grants are scored well while others flounder during review. A must-read for both entry level grant writers making headway in the complex NIH grant system for the first time as well as more seasoned investigators who can't seem to break the barrier to funded research grants, Drs. Scheier and Dewey's comprehensive volume provides simple and clear explanations into the reasons why some grants get funded, and a step-by-step guide to writing those grants. (shrink)

Published in 1909, this title contains a series of lectures on "The Outlines of Christian Ethics" addressed to candidates for the ministry.

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether (...) these options are desirable - whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans for constitutional reform or revolution. Frequently, normative constitutional theories are criticized on the ground that they are undesirable, unwise, on inconsistent with the best theories of political morality and legitimate legal authority, but sometimes one hears a very different form of criticism, expressed in locutions such as the following: That is unrealistic. That's not possible. That is pie in the sky. You are imagining castles in the air. Your suggestion is utopian. That isn't feasible. These objections invoke the idea of ephemeral constitutional possibility - constitutional options that are not real or actual possibilities. What are our constitutional possibilities? How should we think about the feasible choice set for constitutional change? What are the differences between ideal and nonideal theory? What role should the ideas of path dependency and second best play in constitutional theory? These inquiries cross the lines between normative, positive, and conceptual constitutional theory. At the conceptual level, we can ask what phrases like constitutional possibility, ideal theory, and the feasible choice set mean. At the level of positive constitutional theory, we can ask about the forces and institutions that condition constitutional possibility. At the level of normative constitutional theory, we can ask about the implications of constitutional possibility for political morality. Constitutional Possibilities proceeds as follows. Part I introduces the idea of ephemeral constitutional possibilities. Part II will cobble together a conceptual toolkit for thinking about possibility and necessity in constitutional theory: the tools include: (a) the distinction between ideal and nonideal theory, (b) the notion of a constitutional second best, and (c) an introduction to possible-worlds semantics. Part III will explore the implications of the resulting proto-theory of constitutional possibility in two stages: stage one will investigate the normative implications, whereas stage two will reconnoiter a set of standards for making modal claims in constitutional arguments. Part IV provides a case study in constitutional possibility by examining Sanford Levinson's proposal for a constitutional convention. Part V concludes with the problem of false constitutional necessity. (shrink)

Citizens need accurate news to govern themselves effectively in a democratic society. Journalists argue editorial independence is necessary to ensure that the integrity of news is not compromised. However, the economic characteristics of news create conflicts between the ideal of independence and the need to pay production costs. This study analyzes those conflicts and the economic tools for resolving them. The analysis suggests ways to balance independence and economic necessity without violating mutual ethical obligations shared by journalists, audiences, and advertisers. (...) Independence, along with a good budget, tends to make for quality journalism. —Michael Wolff, The Man Who Owns the News (p. 225). (shrink)

Slobodkin proposes that the best intellectual work is done as if it were a game on a simplified playing field.

The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions (...) on particular issues and the fervor of their ideological passions. Part II, Institutionalism and Constitutional Interpretation, engages Cass Sunstein and Adrian Vermeule's recent essay, "Interpretation and Institutions." Sunstein and Vermeule contend that theories of constitutional interpretation are most fundamentally flawed because of their failure to take an institutional turn, but their supporting arguments lead to a related but quite distinct conclusion. Only a theory of judicial character can supply the diagnosis for the ills that Sunstein and Vermeule identify: constitutional theory must take an aretaic turn. Part III, Making the Aretaic Turn in Constitutional Theory, sketches an alternative approach to judicial review and constitutional interpretation that is rooted in contemporary virtue ethics. In Part IV, Constitutional Virtues and Vices, this sketch is given flesh and bones in the form of a theory of constitutional virtue and vice. Excellence in constitutional adjudication requires the virtues of judicial courage, judicial temperament, judicial temperance, judicial intelligence, and judicial wisdom (or phronesis). Most importantly, a virtuous constitutional interpreter must have the virtue of justice, which includes as components impartiality, lawfulness, and legal vision. Part V, The Aretaic Reconstruction of the Institutional Critique, returns to institutionalism as an approach to the theory of constitutional interpretation and argues that institutionalists cannot coherently refrain from making the aretaic turn. The article ends with speculation about the possibility of a path to the restoration of judicial virtue. (shrink)

This chapter contains sections titled: The first phase (1950s to mid‐1960s): the Wittgensteinian defence of the possibility of naturalism The second phase (1970s): unease over morality and the rejection of (2) The third phase (1980s–1990s): rejecting (3); objective morality, objectivity rationality, and the facts of human life.

This paper argues for an ordinal account of the unity of the virtues in the following way: (1) by showing the importance of a neglected class of questions about coherence - questions referred to here as coincidence problems; (2) by organizing conventional accounts of the unity of the virtues in a perspicuous way, and showing that they fail to solve coincidence problems; and (3) by describing the sorts of ordinal accounts that are available, sketching the outlines of one organized around (...) practical wisdom, and indicating how it would handle coherence questions of all sorts, including those of coincidence. (shrink)