The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise discretion, the second involves whether judges are entitled to exercise discretion, and the third is about the proper institutional role of judges. In this context, the views (...) of Dworkin, Raz, Perry, Greenawalt, and Sartorius are examined. Finally, it is suggested that a resolution of the judicial discretion controversy requires a satisfactory theory of the justification of judicial decisions. (shrink)

Applied analytical political philosophy has not been a thriving enterprise in the United States in recent years. Certainly it has made little discernible impact on public culture. Political philosophers absorb topics and ideas from the Zeitgeist, but it shows little inclination to return the favor. After the publication of his monumental work A Theory of Justice back in 1971, John Rawls became a deservedly famous intellectual, but who has ever heard political critics or commentators refer to the difference principle or (...) fair equality of opportunity in discussions aimed at a wide audience? Writing philosophically astute and beautifully accessible prose, often in not strictly academic journals of opinion, Ronald Dworkin has been in some ways the very model of a public intellectual, but the only reference to his opinions that I have seen in any newspaper occurred in a New York Times review of a restaurant near London along the Thames (as I recall, Dworkin was quoted as saying it was at the very least the best restaurant in the northern hemisphere). You might chalk up the situation to the fact that political philosophers tend to be liberal and the public political culture in the United States has been growing decidedly conservative, but that mismatch can hardly be the whole story. Right-wing libertarianism is a popular doctrine, but Robert Nozick’s classical and never superseded 1974 exploration of that view in his brilliant Anarchy, State, and Utopia is not cited. Nor is there a significant literature that seeks to derive practical policy recommendations from Nozick’s theory and relevant factual claims. Moreover, the isolation of political philosophy stands in marked contrast to the wide influence of theory in some disciplines. For example, consider the enormous germinating impact of Richard Posner’s ideas on law and economics over the past thirty years on academic and extra-academic American legal culture. (shrink)

The significance which any human action carries for normative reasoning is held to include its causal preconditions as well as its causal consequences. That claim is defended against a series of natural objections. The point is then extended from actions to preferences via discussion of Barry and Dworkin. The grounds for excluding nosy preferences from aggregation must involve appeal not just to rights and intention but also to the consequences of acting on them. But then some of the (...) features in virtue of which nosy preferences are held to be objectionable will also be present in any other preference. (shrink)

This article examines the theoretical status of the three CSR models of William C. Frederick. Using the method of systematics, it disaggregates the elements of the three models and suggests one integrative means of re-sorting them. The article argues the need to develop a theoretical logic to understand behavior in this area and supplies one in the form of the beginnings of an explicit theory of normative referencing. The processes of normative referencing, including normative selection, normative commitment, normative instruction, normative (...) implementation, normative administration, normative outcomes production, normative accounting, and normative adjustment are described. (shrink)

The concept of scientific field lacks a definition in a form allowing the distinction of whether a particular academic area of study is or is not a true scientific field. Starting with the classic definition by Whitley of a field as a “reputational work organization,” this essay extracts eleven explicit and implied features of a field from Whitley’s definition and discussion, extending his analysis. The article reviews Hambrick and Chen’s model of field formation as an “admittance-seeking social movement.” Hambrick and (...) Chen argue that strategic management followed that model with success, offering the SIM Division of the Academy of Management as an unsuccessful example. The article notes errors in their assessment of SIM, argues that Hambrick and Chen are really offering a model of what I term condensation and promulgation of a field and that their model cannot be used to determine whether a field exists. The article applies the extended Whitley model of a field to examine three candidate fields within SIM: corporate social responsibility (CSR)/corporate social performance (CSP), stakeholder theory, and corporate political activity (CPA). I conclude that none is technically a field, and considering as well the comments of three senior scholars who contributed to the symposium, the article discusses the potential trajectory of fields in SIM. (shrink)

We say "the grass is green" or "lemons are yellow" to state what everyone knows. But are the things we see around us really colored, or do they only look that way because of the effects of light rays on our eyes and brains? Is color somehow "unreal" or "subjective" and dependent on our human perceptions and the conditions under which we see things? Distinguished scholar Barry Stroud investigates these and related questions in The Quest for Reality. In this (...) long-awaited book, he examines what a person would have to do and believe in order to reach the conclusion that everyone's perceptions and beliefs about the color of things are "illusions" and do not accurately represent the way things are in the world as it is independently of us. Arguing that no such conclusion could be consistently reached, Stroud finds that the conditions of a successful unmasking of color cannot all be fulfilled. The discussion extends beyond color to present a serious challenge to many other philosophical attempts to discover the way things really are. A model of subtle, elegant, and rigorous philosophical writing, this study will attract a wide audience from all areas of philosophy. (shrink)

Abstract: This paper is an attempt to identify and to suggest reasons to reject those assumptions about the nature and scope of perceptual knowledge that appear to make an unacceptable scepticism the only strictly defensible answer to the philosophical problem of knowledge of the world in general. The suggestion is that our knowing things about the world around us by perception can be satisfactorily explained only if we can be understood to sometimes perceive that such-and-such is so, where what we (...) perceive to be so is the very state of the world that we thereby know to be so. This is not proposed as a better answer to the philosophical problem, but as a way of seeing how that problem as traditionally understood could not really present a threat to anyone who can think about the world at all. (shrink)

Because it focuses on the general usage of terms, the ordinary language approach to African philosophy has sometimes been labeled a form of ethnophilosophy in that it simply records or describes meanings in the way ethnographers describe cultures. That misses the point that linguistic philosophy in general has to be concerned with terminology that is shared and is able to do it in ways that are philosophically valuable.

From his groundbreaking book Speech Acts to his most recent studies of consciousness, freedom and rationality John Searle has been a dominant and highly influential figure amongst contemporary philosophers. This systematic introduction to the full range of Searle's work begins with the theory of speech acts and proceeds with expositions of Searle's writings on intentionality, consciousness and perception, as well as a careful presentation of the so-called Chinese Room argument. The volume considers Searle's recent work on social ontology and his (...) views on the nature of law and obligation. It concludes with an appraisal of Searle's spirited defence of truth and scientific method in the face of the criticisms of Derrida and other postmodernists. This is the only comprehensive introduction to Searle's work, and as such it will be of particular value to advanced undergraduates, graduates and professionals in philosophy, psychology, linguistics, cognitive and computer science and literary theory. (shrink)

In the pages of philosophy journals debate rages these days between "political" and "comprehensive liberals," a debate inaugurated by John Rawls’s seminal 1985 paper entitled "Justice as Fairness: Political not Metaphysical," from which the above quotation is drawn. As the quotation suggests, a political liberal is someone who believes that liberal justice should be defined and defended in terms that are independent of "comprehensive" philosophical and religious doctrines, that is, independent of doctrines that purport to describe, in some comprehensive way, (...) the sources of meaning, purpose, and worth in human life. A comprehensive liberal, by contrast, is someone who believes some such comprehensive doctrine must be invoked in defense of liberal justice. In this debate it is perhaps fair to say that political liberals have the more prestigious roll call, for in addition to Rawls, prominent political liberals include Thomas Nagel, Brian Barry, Ronald Dworkin, Charles Larmore, and Bruce Ackerman. (shrink)

The first book to focus on the intersection of Western philosophy and the Asian martial arts, _Striking Beauty_ comparatively studies the historical and philosophical traditions of martial arts practice and their ethical value in the modern world. Expanding Western philosophy's global outlook, the book forces a theoretical reckoning with the concerns of Chinese philosophy and the aesthetic and technical dimensions of martial arts practice. _Striking Beauty_ explains the relationship between Asian martial arts and the Chinese philosophical traditions of Confucianism, Buddhism, (...) and Daoism, in addition to Sunzi's _Art of War_. It connects martial arts practice to the Western concepts of mind-body dualism and materialism, sports aesthetics, and the ethics of violence. The work ameliorates Western philosophy's hostility toward the body, emphasizing the pleasure of watching and engaging in martial arts, along with their beauty and the ethical problem of their violence. (shrink)

This paper considers two questions. First, what is the scope of the Equal Weight View? Is it the case that meeting halfway is the uniquely rational method of belief-revision in all cases of known peer disagreement? The answer is no. It is sometimes rational to maintain your own opinion in the face of peer disagreement. But this leaves open the possibility that the Equal Weight View is indeed sometimes the uniquely rational method of belief revision. Precisely what is the skeptical (...) import of this fact; is it the case that some form of skepticism triumphs in such cases? The answer to this question is also no. As it turns out, the situations in which it is most plausible that the Equal Weight view is a rational requirement are the ones in which meeting halfway with a disagreeing peer brings you closer to, and not farther from, knowledge. I argue for these theses in a novel way; by looking at the comparative reliability of belief- invariance and meeting halfway using measures of reliability for degrees of belief, and by drawing normative conclusions from such results. The conclusions here can have the effect of reframing the entire debate in the epistemology of disagreement. (shrink)

Barry Taylor's book mounts a major new argument against one of the fundamental tenets of much contemporary philosophy, the idea that we can make sense of reality as existing objectively, independently of our capacities to come to know it. He concludes that there is no defensible notion of truth which preserves the theses of traditional realism, nor any extant position sufficiently true to the ideals of that doctrine to inherit its title. In presenting his case Taylor engages with many (...) key works of contemporary metaphysics, semantics, and philosophical logic, so his book will be of interest to a broad spectrum of scholars and students. (shrink)

Abstract:Statutory approaches toward whistle-blowing currently appear to be based on the assumption that most observers of wrongdoing will report it unless deterred from doing so by fear of retaliation. Yet our review of research from studies of whistle-blowing behavior suggests that this assumption is unwarranted. We propose that an alternative legislative approach would prove more successful in encouraging valid whistle-blowing and describe a model for such legislation that would increase self-monitoring of ethical behavior by organizations, with obvious benefits to society (...) at large.A defense contractor’s inspectors used improper calibration standards when inspecting missile parts and other military products, used noncertified inspectors when inspecting such products, and used employees without top-secret clearance to work on classified projects. This created potentially life-threatening products as well as potential compromises of military secrets.Quality-control officials on the Trans Alaska Pipeline were threatened with physical harm, demoted, and spied on in an effort to force them not to turn in negative reports or report problems. As a result, the likelihood of damaging oil spills due to improperly built and maintained equipment is heightened.A major corporation allegedly initiated an analysis of the cost savings that would result from circumventing or reducing compliance with health, safety and environmental standards. Two officers who objected to this noncompliance cost/benefit analysis were subsequently fired. (shrink)

The 1968 Monday Holiday Bill moved George Washington's Birthday from February 22 to the third Monday in February. During the late 1970s and 1980s, however, Presidents' Day emerged spontaneously, replacing Washington's Birthday, and establishing itself in school curricula and business holiday calendars. Because Presidents' Day has no definite content and reflects public preference, a new perspective on holiday commemoration is needed to understand it. Neither the conflict model of holidays, which stresses the manipulation of the masses by elites, nor the (...) commitment model of holidays, which stresses elites and masses sharing the same values, account for Presidents' Day's distinguishing features. Presidents' Day is an instance of abortive commemoration, deliberately designed to combine individual vacations with national holidays. Presidents' Day articulates the de-centering of tradition, waning of affect, confusion, and fragmentation of late twentieth-century American culture. (shrink)

Jacques Derrida is one of the most influential and controversial philosophers of the last fifty years. _Derrida on Deconstruction_ introduces and assesses: Derrida's life and the background to his philosophy the key themes of the critique of metaphysics, language and ethics that characterize his most widely read works the continuing importance of Derrida's work to philosophy. This is a much-needed introduction for philosophy or humanities students undertaking courses on Derrida.

"'It is clear", wrote Wittgenstein in the Tractatus, "that ethics has nothing to do with punishment and reward in the usual sense of the terms" (6.422). But he insisted also that there must be some kind of ethical punishment and reward; "the reward", he tells us, "must be something pleasant, and the punishment something unpleasant" (ibid.). I argue that we can understand what Wittgenstein meant by "reward" and "punishment" by conceiving these notions as elements in a system of interrelated concepts (...) connected with the idea of law. (shrink)

Simon Rippon believes that a certain argument is not sound.1 I agree. I do not agree with the role he assigns the argument in the debate about organ sales. Nor do I agree with the much stronger argument he puts forward that organ sales should be forbidden.The argument he believes unsound, which I shall use his terminology to refer to as the Laissez-Choisir or LC argument, has three premises. The one be believes false says, “If we take away what some (...) regard as their best option, we thereby make them worse off, at least from their own perspective”.Applied to the case of a market for organs, this says that if we take away what the potential organ seller regards as his best option, that is, there being a market for his organs, we make him worse off as judged by him. The reason Rippon thinks this argument is false is that, as I have argued and have been cited by Rippon, adding an option can, in addition to merely adding a choice, have adverse effects on the agents, can harm the agent by his own lights. Thus, says Rippon, if the argument is unsound, then it does not follow that if we deny the agent the option to sell his organs, we must be acting paternalistically. The option we are taking away is one that the agent himself regards as harmful.This is correct as far as it goes, but it might leave the reader thinking that the premise is never true. This would be to overlook the fact that even if the additional option …. (shrink)

This article develops a cross-cultural and historical theory of antifeminist movements. Such movements are composed of two elements, which often involve very different types of people: vested-interest groups and voluntary associations. Five predictions concerning the social composition of antifeminist vested-interest groups and voluntary organizations and antifeminist movement ideology are derived from the theory. Evidence taken from existing literature pertaining to both first-wave and second-wave antifeminist movements in a variety of nations is reviewed. Substantial support is found for all five predictions. (...) We conclude that antifeminist movement adherents are responding to realistic threats. For men and vested-interest groups, the threat is primarily class based, but also extends to their status as family head; for women, it is primarily status based as wives and mothers, but also class-based inasmuch as their husbands' economic interests are threatened. (shrink)

In this paper, the author engages William Galston's recent attempt to revive the Berlinian project of developing a comprehensive theory of liberalism from value pluralist premises. The author's argument maintains that, despite Galston's attempts, the value pluralist in fact has no resources with which to recommend a liberal political order over a variety of illiberal regimes, and that, further, Galston's own justificatory strategy is indistinguishable from the later Rawls's noncomprehensive, ‘political' liberalism. Although the argument engages the work of Berlin and (...) Galston in particular, the primary aim is to preserve the intuition, common to Rawls, Brian Barry, Ronald Dworkin, and John Gray, that value pluralism is inconsistent with comprehensive liberalism. (shrink)

Discusses Anglo-American capitalism, exemplified by the commercial and financial systems of Wall Street and the City of London and including the ethics of the stock market, the morality of takeovers, and the problem of business and the environment.

The purpose of this paper is to consider whether standards-based school reform is an acceptable strategy for achieving a politically legitimate school system according to a principle of personal liberty. First, it briefly describes the purpose and implementation of standards-based school reform in the U.S. It then considers the ramifications of the principle of personal liberty for the conduct of public schooling, arguing that it requires children’s access to and appreciation of a variety of liberty-consistent cultures in their society coupled (...) with the development of children’s ability to think critically about those cultures and their meaning as possibilities for their own lives. Third, it considers whether some standards for public education might be consistent with this purpose of education and finds that certain outcome and process standards may be appropriate. Finally, it considers whether these kinds of standards are included in standards-based reform as it is currently practiced or proposed in the U.S. and concludes that they are not. (shrink)