Blame is an unpopular and neglected notion: it goes against the grain of a therapeutically-oriented culture and has been far less discussed by philosophers than such related notions as responsibility and punishment. This book seeks to show that neither the opposition nor the neglect is justified. The book's most important conclusion is that blame is inseperable from morality itself - that any considerations that justify us in accepting a set of moral principles must also call for the condemnation of those (...) who violate the principles. Properly understood, blame and morality must stand or fall together. (shrink)

Focusing on political and interpersonal conflict in the U.S., particularly racial conflict, but with an eye to similar conflicts throughout the world, we argue that the enactive approach to mind as life can be elaborated to provide an exigent framework for present social-political problems. An enactive approach fills problematic lacunae in the Western philosophical ethics project by offering radically refigured notions of responsibility and language. The dual enactive, participatory insight is that interactional responsibility is not singular and language is not (...) an individual property or ability, something that someone simply and uniformly 'has' or 'controls'. These points have not been integrated into our self-understanding as moral actors, to everyone’s detriment. We first advocate for adequate appreciation of Colombetti and Torrance’s 2009 suggestion that participatory sense-making necessarily implies shared responsibility for interactional outcomes. We argue that the enactive approach presents open-ended cultivation of virtue as embodied, contextualized, and dynamic know-how and destabilizes an individualist metaphysics. Putting this framework to work, we turn to the interactional challenges of conversations that concern differences and that involve potentially oppositional parties, offering a reading of Claudia Rankine’s Just Us. Finally, we make explicit Rankine’s normative project of mindful navigation of multiple perspectives in an interaction. We abstract three interrelated spheres of participatory intervention: location, language, and labor. These also indicate routes for empirical investigation into complex perspective-taking in dynamic interactions. (shrink)

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each (...) other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of reasonableness, which assigns liability instrumentally on the basis of a utilitarian calculus. Finally, Professor Fletcher examines stylistic differences between the two paradigms which may explain the modern preference for the paradigm of reasonableness. (shrink)

The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. (...) Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law. (shrink)

This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.

One of the leading representatives of a “Western” Marxism, György (Georg) Lukács was born in 1885 in Budapest. He joined the Communist Party of Hungary in 1918. During the short‐lived Hungarian Commune of 1919 he was responsible for the cultural policy of the revolutionary regime. After its collapse he lived in emigration in Vienna, Berlin, and Moscow. Following the condemnation of his political views by the Comintern in 1928 he withdrew from direct participation in politics. He returned to Hungary in (...) 1945. A new wave of official attacks in 1949 resulted in his renewed retreat from political activity. During the Hungarian revolution of 1956 he was minister of culture in the government of Imre Nagy. First interned in Romania, he worked then in the situation of an internal emigration and banishment in Hungary till 1967, when he was allowed to return to public cultural life. He died in 1971. (shrink)

This book offers a new and compelling account of distributive justice and its relation to choice. Unlike luck egalitarians, who treat unchosen differences in people's circumstances as sources of unjust inequality to be overcome, Sher views such differences as pervasive and unavoidable features of the human situation. Appealing to an original account of what makes us moral equals, he argues that our interest in successfully negotiating life's ever-shifting contingencies is more basic than our interest in achieving any more specific goals. (...) He argues, also, that the state's obligation to promote this interest supports a principled version of the view that what matters about resources, opportunity, and other secondary goods is only that each person have enough. The book opens up a variety of new questions, and offers a distinctive new perspective for scholars of political theory and political philosophy, and for those interested in distributive justice and luck egalitarianism. (shrink)

Professor Parkinson's book on Spinoza's theory of knowledge makes a serious attempt to consider this theme in isolation. The author argues that an understanding of this particular theory is a prerequisite to any understanding of Spinoza's theory of ethics or his metaphysical views. The text also discusses Spinoza's interests, especially the influence of science on the development of his thought, and ultimately provides a critical account of the philosopher's methodology, theory of truth, and theory of differing kinds of knowledge.

The Philosophy of Rhetoric is widely regarded as the most important work of a theory of rhetoric produced in the 18th century. Campbell's work engages such themes in an attempt to formulate a universal theory of human communication. Campbell attempts to develop his theory by discovering deep principles in human nature that account for all instances and kinds of human communication. He seeks to derive all communication principles and processes empirically. In addition, all statements in discourse that have to do (...) with matters of fact and human affairs are likewise to be empirically derived. Thus, his theory of rhetoric is vastly wider than, and different from, such classical theories as those proposed by Aristotle, Cicero, and Quintilian, whose theories focused on discourse related to civic affairs. By attempting to elaborate a general theory of rhetoric through empirical procedures, Campbell's project reveals the limitations of his method. He cannot ground all statements empirically and it is at this point that his theological position comes into play. Inspection of his religious views shows that God's design of human nature, and God's revelations to humankind, make moral and spiritual truths known and quite secure to human beings, although not empirically. (shrink)

Religious pluralism model holds the belief that there is virtue in every religion, just as all religions are good and are of equal value. It does not consider religion’s particularity but is interested in the ideas that have not favoured any religion. The issue with this concept is not its assertion of the validity of all religions. It is rather with its denial of the finality of any religion as the way by which people could come to God. Hence, it (...) allows the existence of multiple religions in a given society and encourages religious tolerance. The beauty of pluralism is its flexibility which makes religious practicing a wilful act and religious conversion a choice and not a force, although it has the tendency to encourage syncretism. This research examines critically the implications of pluralism using historical approach on the development of Christian church. Data for the research were basically obtained from secondary sources. The findings reveal that although religious pluralism has its negative sides, it gives the much needed boost to development of church if its tenets are followed. Accordingly, the article recommends that Christian churches in pluralist societies such as Nigeria should imbibe the virtues of religious tolerance, and dialogue, if they want to remain alive and continue to be relevant.Contribution: Religious pluralism is a panacea to inordinate and incessant religious conflict, if given its proper place in Nigeria, will breed religious tolerance, peace and progress. This work would be of immense of benefit to government, missionaries and students across all strata of discipline. (shrink)

Pozzi provides a thought-provoking account of how machine-learning clinical prediction models (such as Prediction Drug Monitoring Programmes (PDMPs)) may exacerbate testimonial injustice.1 In this response, I generalise Pozzi’s concerns about PDMPs to traditional models of clinical practice and question the claim that inaccurate clinicians are necessarily preferential to inaccurate machine-learning models. I then explore Pozzi’s concern that such models may deprive patients of a right to ‘convey information’. I suggest that machine-learning tools may be used to enhance, rather than frustrate, (...) this right, through the perspective of hermeneutical justice. Pozzi objects to the introduction of machine-learning risk prediction tools in clinical care, due to their being ‘epistemically opaque’, often inaccurate, and a threat to patients’ testimonial justice. Through the example of psychiatry, I suggest this stance idealises traditional models of clinical practice. I propose that clinicians’ judgements are often equally vulnerable to opaque subjectivity, bias and epistemic injustice. For instance, the use of clinical observation or collateral interviewing might be conceptualised as a threat to testimonial justice, by neglecting patients’ own perspectives or voices. In practice, clinical risk prediction often follows inconsistent and somewhat subjective clinical heuristics, which are difficult to summarise or evaluate. Further, although Pozzi diminishes machine-learning …. (shrink)

Global Economy, Global Justice explores a vital question that is suppressed in most economics texts: "what makes for a good economic outcome?" Neoclassical theory embraces the normative perspective of "welfarism" to assess economic outcomes. This volume demonstrates the fatal flaws of this perspective--flaws that stem from objectionable assumptions about human nature, society and science. Exposing these failures, the book obliterates the ethical foundations of global neoliberalism. George DeMartino probes heterodox economic traditions and philosophy in search of an ethically viable (...) alternative to welfarism. Drawing on the work of Amartya Sen, DeMartino proposes the egalitarian principle of the "global harmonization of capabilities" to guide economics. This principle provides a basis for resisting oppression the world over while nevertheless demanding respect for cultural diversity. DeMartino puts this principle to work adjudicating contemporary debates over global policy regimes, and completes thebook with a set of deeply egalitarian global policies for the year 2025. Global Economy, Global Justice 's engaging prose will appeal to those seeking to understand the intersection between economics and political philosophy. Its focus on the normative foundations of contemporary policy disputes makes it unique in the literature on globalization. (shrink)

Ethical theory in business ethics texts lacks sufficient specificity to be used as a tool of analysis. The result is that business faculty do not see the course in business ethics as helpful to their students, and the students do not see the course as helpful in their careers.A further difficulty is the inclusion of material which is not seen by business faculty, as appropriate or germane to the practice of decision-making. Issues such as the legitimacy of the corporation, or (...) capitalism versus Marxism, are of Iittle interest or help to the person in business.Finally, the text cases are too often of a policy nature, and do not deal with issues faced by a majority of those in business. The result is the lack of engaging the moral imagination of the students.Unless the course is redesigned so that it is seen by business faculty as more relevant, it will continue to be required by only a small number of business programs. (shrink)

The COVID-19 pandemic provided an opportunity for management scholars to address large-scale and complex societal problems and strive for greater practical and policy impact. A brief overview of the most-cited work on COVID-19 reveals that, compared with their counterparts in other disciplines, leading management journals and professional associations lagged in providing a platform for high-impact research on COVID-19. To help management research play a more active role in responding to similar global challenges in the future, we propose an integrative framework (...) that emphasizes a phenomenon’s impact, the conditions that the phenomenon creates at multiple levels, and the responses of actors to such conditions, as well as the dynamic relationships and interactions among these actors. By shifting attention to phenomena and their overall impact, this framework can help scholars better position their work to address large-scale and complex problems and also to assess research for its contribution to generate impact beyond academia. (shrink)

Martin Luther King's legacy as a Black, Baptist preacher and activist is widely known, but his influence in the public sphere has eclipsed his influence in Black Theology. Additionally, since the Black Power movement succeeded the Civil Rights movement, and thereby the Liberationist movement succeeded the Black Social Gospel movement, the foundations King laid became seamlessly integrated into the theology of James Cone and J. Deotis Roberts. Taking King's social analysis, his concern for crucified peoples, and grassroots activism, Cone and (...) Roberts craft the school of Black Theology. Frederick Ware's book, Methodologies of Black Theology outlined the schools of Black Methodology, including the Black Hermeneutical School, which incorporates indigenous sources to inform theology. Walter Strickland II, building upon Ware, argues the Black Hermeneutical School has three schools of interpretive emphasis: Courthouse, Schoolhouse, and Church House. Cone's theology utilises the methodology of the Courthouse while Roberts utilises the methodology of the Church House. This paper argues that Martin Luther King Jr's activism and theology helped develop Cone and Roberts's Black Theological Method. Roberts carries King's legacy as a pastor‐theologian, and Cone carries King's legacy as a social activist. (shrink)

This article aims to explore Kazuo Ishiguro’sNever Let Me Gowithin the Foucauldian theoretical framework in order to analyse the manifold biopolitical issues, namely cloning, by stretching the discourse to a speculative, dystopian posthuman scenario wherein the dominant, privileged, affluent human society replenishes them by incorporating bio-matter from the clones. The article also proposes to unfold the myriad ways the institutions, namely Hailsham and recovery centres in the novel, exercise power and execute power relations with the clones. It describes the way (...) these institutions turn out to be what Foucault calls the regimes of truth and how the clones choose to remain docile to the institutional power, and consequently, they turn out to be rich sites for both medical gaze and disciplinary gaze. Nevertheless, the article also details the procedures by which the bizarre truth of organ donation of the clones is buried under the technical discourse of good work. (shrink)

A natural way of viewing compensation is to see it as the restoration of a good or level of well-being which someone would have enjoyed if he had not been adversely affected by the act of another. This view underlies Nozick’s assertion that “something fully compensates … person X for Y’s action A if X is no worse off receiving it, Y having done A, than X would have been without receiving it if Y had not done A”; and it (...) has been held by many others as well. Because the notion that compensation is the restoration of a good which a person would have had but for the act of another is so pervasive, I shall refer to it as the official view of compensation. One noteworthy feature of the official view is the ease with which it allows compensation to be justified in particular cases. If compensation is just the restoration of a good which one would have had if the ordinary course of things had not been disrupted, then to provide a prima facie justification of it, one need only argue that the natural course of things should not have been disrupted in the first place. (shrink)

Nie Bao 聶豹 (1487–1563) was a Neo-Confucian philosopher and scholar-official of sixteenthcentury Ming China. In his Ming ru xue an 明儒學案 (Case studies of Ming Confucians), Huang Zongxi 黃宗羲 placed him in the Jiangxi (Jiangyou 江右) group of Wang Yangming followers. Nie Bao met the influential founder of the Ming School of Mind in 1526 and was inspired by his teaching of the innate knowing (liangzhi 良知). However, he differed from other followers in his quietist approach to realizing and extending (...) this knowledge. While developing his ideas over the course of two decades, as a holder of the highest civil service examination degree, Nie Bao also held a series of impactful official positions, and earned a reputation for effectiveness and integrity. However, he was also the unwitting victim of factionalism at the Ming court, which led to his imprisonment in 1548. The goal of this article is to provide a sketch of Nie Bao’s political trajectory and intellectual development from his early years until his imprisonment, as well as translation of significant passages pertaining to that trajectory and development. By the time of his imprisonment, Nie Bao had articulated the essential elements of his philosophy of returning to the root (by which he meant silence), and attaining centeredness and, with that, his unique interpretation of his teacher’s central tenet. (shrink)

This article shows how, in recent works of cultural analysis, the concept of ‘assemblage’ has been been derived from key sources of theory and put to work to provide a structure-like surrogate to express certain prominent values of a modernist sensibility in the discourse of description and analysis. Assemblage is a sort of anti-structural concept that permits the researcher to speak of emergence, heterogeneity, the decentred and the ephemeral in nonetheless ordered social life. There are other related concepts, like collage, (...) which have been used to give these values substance in research, but currently assemblage is enjoying a popularity perhaps because of the continuing fascination of the work of Deleuze and Guattari. (shrink)

_The Collision of Science with the Question of Be-ing in Heidegger’s Thinking_ Science does not lead to the full, final, truly in-depth exploration of beings; it leaves unresolved (unclarified) the understanding of being; it does not think through the question of being, of the “to be”, of the “is”; it does not think being as such; it adopts a metaphysical idea of being as being of beings (as one, the highest of beings). As this study shows, being is not within (...) the range of merely scientific investigation. Many philosophical questions (e. g., the foundation of the sciences; the understanding of the ontological difference) go beyond and transcend the reach of scientific inquiry. The collision of science with the question of being, with the question of the “to be”, comes from science attempting to move beyond its intrinsic limitations and boundary. According to Heidegger’s be-ing-historical thinking, scientific inquiry cannot resolve the question of the “to be” and that of the truth of the “to be”; it cannot eliminate (suppress) these distinctly philosophical concerns. Science cannot become a substitute for philosophy. As this study indicates, the understanding of the danger of the “collision” identified contributes to its prevention and to a creative interaction between science and philosophy. (shrink)

This paper examines the role of respect (specifically, the interest in having the respect of other people) in enabling blame to be effective: i.e., to achieve the desired effect of changing the blamed’s attitude and behavior. It develops an account of blame’s operations in three different cases: standard, intermediate, and proleptic. It ends by raising the worry that effective blame toward the morally distant approximates manipulation and coercion, leaving a moral residue.

Compensation for research related injuries is a subject that is increasingly gaining traction in developing countries which are burgeoning destinations of multi center research. However, the existence of disparate compensation rules violates the ethical principle of fairness. The current paper presents a comparison of the policies of Brazil, Russia, India, China and South Africa. A systematic search of good clinical practice guidelines was conducted employing search strategies modeled in line with the recommendations of ADPTE Collaboration. The search focused on three (...) main areas namely bibliographic data bases, clinical practice guidelines data bases and a restricted internet search. A manual search of references cited in relevant guideline documents was also conducted. The search terms, Medical Subject Headings and key words were developed for a PubMed platform and then adapted for all other data bases. The search terms were kept constant for each country with the only difference being the country name. The documents so obtained were subjected to systematic content analysis. The study revealed that there is vast panoply of regulations which exist on a continuum. On one extreme is India with comprehensive regulations that are codified into law, and on the other end there is China which does not have specific laws regulating research related injuries. There are a number of differences and similarities such as mandatory insurance requirements, existence of no fault compensation, compensable injuries and the role of research ethics committees. It is imperative to enact legislations that protect participants without stifling the research enterprise. There is need for consistency and ideally harmonization of such regulations at a global level. A model policy on compensation for research related injuries should borrow from the best aspects of the different country policies and should be informed by the cardinal ethics principles of autonomy, justice and beneficence. (shrink)

Criticism and recommendations are very much welcome. Please don't hesitate to contact me with them. -/- .

In the United States people of Middle Eastern descent are legally/politically categorized as white, but in social encounters and popular representations Middle Eastern people are treated as a nonwhite inferior collective. In the absence of explicit systemic recognition through a protected class status, Middle Eastern Americans are not just vulnerable to the social-systemic violence that accompanies racialization; that violence is being tacitly permitted. I address this problem by describing the historical and political conditions that afford this racialization in the United (...) States. I argue that the racialization of Middle Easterners, best understood from a historical perspective, is rooted in the repetitive treatment of certain peoples as objects of war to be degraded, exploited, dominated, and destroyed. To be treated as inferior and disposable is a general function of racism, which is afforded by racialization; but, the historical conditions of the mistreatment of Middle Eastern peoples create a unique set of problems and tensions that assign specific meanings which must be addressed in combating racism. Included among these tensions is a problematic narrative that claims Middle Eastern peoples are an almost naturally warlike and thus fragmented collective. The problem of disunity results from being created and treated as objects of war. Thus, social recognition, or solidarity, is needed along with systemic recognition. As a more effective means of countering the repetitious practices of subjugation, I plea for a solidarity among Middle Eastern Americans in response to Orientalist-racist scripts that claim disunity and war are the preferred condition of Middle Eastern peoples. (shrink)