This book consists of a collection of essays written between 1965 and 1981. Some have been published elsewhere; others appear here for the first time. Although dealing with different figures and different periods, they have a common theme: all are concerned with examining how the method of hy pothesis came to be the ruling orthodoxy in the philosophy of science and the quasi-official methodology of the scientific community. It might have been otherwise. Barely three centuries ago, hypothetico deduction was in (...) both disfavor and disarray. Numerous rival methods for scientific inquiry - including eliminative and enumerative induction, analogy and derivation from first principles - were widely touted. The method of hypothesis, known since antiquity, found few proponents between 1700 and 1850. During the last century, of course, that ordering has been inverted and - despite an almost universal acknowledgement of its weaknesses - the method of hypothesis (usually under such descriptions as 'hypothetico deduction' or 'conjectures and refutations') has become the orthodoxy of the 20th century. Behind the waxing and waning of the method of hypothesis, embedded within the vicissitudes of its fortunes, there is a fascinating story to be told. It is a story that forms an integral part of modern science and its philosophy. (shrink)

This book should prove provocative reading for philosophers, political scientists, social theorists, professionals of many stripes, and ethicists.

The growing interest in ethics and ethical behavior has not manifested itself in an ethical analysis of television programming beyond a journalism context. This study examines one social/ethical issue - lying in prime time network television situation comedies. Results show sitcom characters who lie are motivated primarily by self-interest. This egoistic approach raises questions of ethical maturity and provides a model of behavior that may have negative implications for society.

Intuitionistic meta-methodologies, which abound in recent philosophy of science, take the criterion of success for theories of scientific rationality to be whether those theories adequately explicate our intuitive judgments of rationality in exemplary cases. Garber's (1985) critique of Laudan's (1977) intuitionistic meta-methodology, correct as far as it goes, does not go far enough. Indeed, Garber himself advocates a form of intuitionistic meta-methodology; he merely denies any special role for historical (as opposed to contemporary or imaginary) test cases. What all such (...) positions lack is a base from which to inform, criticize, or restructure our core methodological intuitions. To acquiesce in this is to deny that exemplary cases can serve the sort of warranting role required for intuitionism. This point is reinforced by a series of reasons for denying the warranting role of pre-analytic judgments of rationality. These reasons point the way toward an improved approach to meta-methodology. (shrink)

The just war tradition began life, primarily in the writings of Augustine and other Church Fathers, as a reaction to pacifism. In my view, contemporary just war adherents should also see pacifism as their main rival. The key question of the just war tradition is how to justify war, given that war involves intentionally attacking or killing innocent people. And this justificatory enterprise is not an easy one. Today some theorists argue that some, but not all, soldiers are liable to (...) be attacked, especially those who fight in an unjust war. In this view, some of those who fight and kill in unjust wars should not be excused for following orders or even for their ignorance. Yet, it is often hard to tell if one is fighting in an unjust war, or whether military orders are unjust. I will argue that, especially in light of new work by just war adherents, the moral risks of participating in war are so high that pacifism, at least in its contingent form, should be seen as a reasonable option. The new versions of the just war doctrine bring us much closer to pacifism than their adherents would admit. (shrink)

Human subjects seem to have a type of introspective access to their mental states that allows them to immediately judge the types and intensities of their occurrent emotions, as well as what those emotions are about or “directed at”. Such judgments manifest what I call “emotion-direction beliefs”, which, if reliably produced, may constitute emotion-direction knowledge. Many psychologists have argued that the “directed emotions” such beliefs represent have a componential structure, one that includes feelings of emotional responses and related but independent (...) representations of what those feelings are about. I argue that such componentiality may help to explain how emotion-direction knowledge is achievable. I begin by developing a hybrid view of introspection that combines David Chalmers’ phenomenal realism with Alvin Goldman’s “partial redeployment” account of meta-belief content. I then provide a process-reliabilist account of introspectively gained emotion-direction knowledge that outlines the minimum conditions of reliably forming emotion-direction beliefs, and specifies several ways in which the warrant of such beliefs could be defeated by relevant counterfactual alternatives. The overall account suggests how distinct introspective processes might be epistemically synergistic. (shrink)

The paperbound edition of a 1987 work which began a series on ethics in economics and business. May argues that the structure of social groups influences the behavior of their members, and that groups should be given different moral status from individuals. He discusses mobs, corporations, and other groups in terms of collective action, responsibility, and rights. Annotation copyrighted by Book News, Inc., Portland, OR.

There is a rich tradition within game theory, decision theory, economics, and philosophy correlating practical rationality with impartiality, and spatial and temporal neutrality. I argue that in some cases we should give priority to people over both times and places, and to times over places. I also show how three plausible dominance principles regarding people, places, and times conflict, so that we cannot accept all three. However, I argue that there are some cases where we should give priority to times (...) over people, suggesting that there is impersonal value to the distribution of high quality life over different times. (shrink)

In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity (...) crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals. (shrink)

This text addresses various topics in applied ethics from Western and non-Western perspectives. Multicultural perspectives are fully integrated throughout the text.

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:When We Collide: Sex, Social Risk, and Jewish Ethics by Rebecca J. Epstein-LeviJoshua Stein (bio)When We Collide: Sex, Social Risk, and Jewish Ethics by Rebecca J. Epstein-Levi. Bloomington: Indiana University Press, 2023Sex is messy:Ethicists have an unfortunate habit of speaking of sex—or "good" sex, anyway—in lofty, aspirational terms: the physical and spiritual union of committed partners, the human sharing in divine creativity, the two becoming one, and (...) so on. This image of choreographed perfection is reproduced in popular culture. … But the actual practice of sex, by ordinary people, is not so lofty, so beautifully synchronous. Real sex, even "good" sex, is carnivalesque, even grotesque. Real sex involves fluids, farts, jiggling, grunting, adjustments of position, arms falling asleep, and accidental pinching or pulling of hair … and the making of a vast number of frankly ridiculous faces (83).Rebecca J. Epstein-Levi's When We Collide (2023) challenges us to think about sex as it is, rather than as we are conditioned to talk about it (or as we might sometimes like to imagine it). This is foundational to the book. There is a familiar tradition of sanitizing sex, reducing it to teleology, idealized bodies, heteronormativity, and venerated social institutions. In dispensing with this sanitized illusion, the book adopts a healthier and more honest relationship with sex; in order to have a productive discussion about the ethics of any human activity, that discussion should represent the human activity faithfully. Part of the reason that Epstein-Levi takes this approach is to distinguish Jewish ethics' discussion of sex, which regards sex, and therefore sexual ethics, "as an empirical, lived, and granular phenomenon" (3).Discussions in Jewish sexual ethics should treat sex as a lived social experience and be responsive to the messiness of that experience. Epstein-Levi argues that sanitizing sex through appeal to a nebulous notion of how historical [End Page 99] religious traditions must have been puritanical is ahistorical, chauvinistic, and inconsistent with scholarship on rabbinic texts.This is a striking and perhaps subversive view in our present context. Centrally, many associate "religious views" (especially in sexual ethics) with politically Conservative and purity-driven views characteristic of some Christian traditions. The term "Judeo-Christian" in American political discourse is often used evocatively of the heteronormative, sanitized, idealized posture toward sex that Levi explicitly rejects. Epstein-Levi's book recognizes that rabbinic scholarship underrepresents marginalized communities, including women, LGBTQ+ people, and disabled people. This is the major moral and practical focus of Epstein-Levi's analysis; historical traditions in which dominant moral views are shaped by a particular group often have glaring blind spots. When we recognize those blind spots, as members of that tradition, need to be updated simply to address sex as it exists, not as we idealize it.The book centers Jewish texts and methods of thought, but (in my view) readers who will benefit most from reading Epstein-Levi's book are non-Jewish readers thinking about sex. Epstein-Levi's book illustrates methodological differences in Jewish ethics from other approaches. The ethics of sex should change as our knowledge of sex changes; as we learn about sexual activity and about the social lives of people, we should apply that knowledge to our understanding. For Jewish thought, ethics is discursive, not fixed; our understanding of ethics requires constant consideration and discussion as our understanding of the world changes and improves.One central focus of the book is risk; our knowledge of sex changes as we understand and mediate against the risks involved in sexual activity and as we learn more about how risk works itself. Risk is tied up in all social activity, including sex. The ethics of sex requires discussion of risk but often does so in a way not congruous with the discussion of risk in other areas of social life. "Sex is dangerous. … Sexual intercourse opens us up to risks of infections, violence, and, if we are in possession of functional ovaries and a uterus, pregnancy" (98). All social activity is risky; we are all acutely aware given the prospects of exposure to strains of a novel coronavirus and the way we have changed our... (shrink)

Christian Scientists' refusal of medical care for their children illustrates the kind of conflict over moral and practical authority that can arise between groups in a pluralistic society. While consensus may not be possible, changes in the way both groups socialize members may allow the medical and Christian Science communities to achieve a compromise that is respectful to both.

L.M. Siedentop's short introduction to Tocqueville's life, work, and contribution to modern political theory demonstrates lucidly both the force and the subtleties of Tocqueville's ideas, and their importance for societies now embracing modern democracy.

Some perfumers and users of perfume have claimed that the more complex perfumes should be appreciated as artworks and not merely as adornments. This essay contributes to the recent philosophical discussions of the issue. Part I explores the relation between adornment and art as Stephen Davies conceives of them. Part II examines the arguments Chiara Brozzo and Cynthia Freeland give for the current existence of art perfumes. Part III offers one kind of formal case for art perfumery by exploring some (...) limited structural analogies between perfume and music. Part IV proposes a set of distinctions among types of art perfumes. Part V discusses whether certain perfumes can be both art and adornment. (shrink)

This best-selling text continues to fill an existing gap in the literature taught in applied ethics courses. As a growing number of courses that include the perspectives of diverse cultures are being added to the university curriculum, texts are needed that represent more multicultural and diverse histories and backgrounds. This new edition enhances gender coverage, as nearly half of the pieces are now authored by women. The new edition also increases the percentage of pieces written by those who come from (...) a non-Western background. It offers twelve up-to-date articles on human rights, environmental ethics, poverty, war and violence, gender, race, euthanasia, and abortion; all of these topics are addressed from Western and non-Western perspectives. (shrink)

This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi's Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. (...) Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world. (shrink)

lawpubPublic International LawlawphiPhilosophy of LawIn this book we have tried to offer more than just a descriptive survey of the various ways that the concept of necessity is used in international law. We have offered a normative account that suggests how and when necessity should be deployed as a powerful concept to justify and excuse State action in various domains. However, that normative task could only be accomplished once a coherent descriptive mapping was performed. We considered the different and unique (...) elements of necessity in international law with the hope of elucidating a deeper structure for the concept. We identified at least three different senses of necessity: as a state of exception to generally applicable laws, as a constraint on government action, and as a license to engage in conduct that is otherwise consistent with generally applicable laws. Using these conceptual distinctions, we analyzed and ultimately criticized how necessity functions in diverse areas of international law. Although the same term is used in... (shrink)

This chapter addresses force protection and the degree to which necessity permits attacking forces to prioritize the lives of their own soldiers over the lives of enemy civilians. This is a difficult problem of application; although everyone agrees that the lives of enemy civilians must be safeguarded, the question is how much must be risked in order to safeguard them. The chapter discusses the case of the Israeli Defense Forces, in which great emphasis is placed on preventing the abduction of (...) Israeli troops and on facilitating their rescue, even at the cost of other lives. This chapter concludes by articulating a standard of reasonable force protection that is neither too restrictive nor too permissive. (shrink)

For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive rights. In this paper I will argue that (...) some procedural rights, crucial for the fair functioning of criminal proceedings, such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts. (shrink)

I will attempt to explicate Hobbes's conception of legal obligation by trying to understand what factors would lead people, on his view, to agree to obey a legal authority as well as to accept a legal system as deserving of respect. I am mainly concerned to understand Hobbes's curious claims that those who have been legitimately condemned to death and those who have been legitimately commanded to serve in combat situations may nonetheless justifiably disobey the law. Such claims seem to (...) undermine fidelity to law, at least as that concept was understood by Plato in The Crito. As a result it might appear that Hobbes provides too simplistic a view of legal obligation. On the contrary, I will argue that Hobbes supports quite a plausible and subtle view of legal obligation which has several advantages over various other views of legal obligation. (shrink)

lawpubPublic International LawlawphiPhilosophy of LawNecessity is quite possibly the most powerful concept in the law. It has the almost mystical power to transform what would otherwise be illegal or immoral into a justified or excused act, all because the action was “necessary.” Herein lays its utter dangerousness. Whether the inquiry is individual self-defense in domestic criminal law, national self-defense under international law, or killing during armed conflict, the concept of necessity is often the key element that drives the outcome of (...) the analysis. If the action is necessary, then it is often permitted; if the action is not necessary, it is often forbidden. But what does “necessary” really mean in these debates? And does it mean the same thing in each context, or does its meaning and function depend on the nature of the inquiry at hand? Is necessity a universal moral and legal concept, or is its meaning fundamentally context-dependent?... (shrink)