Gideon Rosen (2014) has drawn our attention to cases of duress of a particularly interesting sort: the person's ‘mind is not flooded with pain or fear’, she knows exactly what she is doing, and she makes a clear-headed choice to act in, as Rosen says, ‘awful ways’. The explanation of why we excuse such actions cannot be that the action was not voluntary. In addition, although some duress cases could also be viewed as necessity cases and thus as justified, Rosen (...) wisely sets aside that complicating factor by zeroing in on those cases where the action clearly is not justified. So why do we excuse in these cases, where the action is not justified and the agent acted voluntarily?Rosen thinks the key lies in the ‘ill will’ condition, ‘the idea that an act is blameworthy only if it manifests insufficient concern or regard for those affected’. He says this is relatively uncontroversial; much of my paper is taken up with calling the ‘ill will’ condition into question. I also take issue with Rosen on just how justifications and excuses differ. I argue in favour of understanding justifications (in a context where we are asking how justifications and excuses differ) as not requiring truth, but only reasonable belief. (shrink)

Clarke A. Chambers interviews Marcia Eaton, professor in the Department of Philosophy.

The emphasis on duly in Kant's ethics is widely held to constitute a defect. Marcia W. Baron develops and assesses the criticism, which she sees as comprising two objections: that duty plays too large a role, leaving no room for the supererogatory, and that Kant places too much value on acting from duty. Clearly written and cogently argued, Kantian Ethics Almost without Apology takes on the most philosophically intriguing objections to Kant's ethics and subjects them to a rigorous yet (...) sympathetic assessment. (shrink)

American doctors in the 1990s are being asked to serve as "double agents," weighing competing allegiances to patients' medical needs against the monetary costs to society. This situation is a reaction to rapid cost increases for medical services, themselves the result of the haphazard development since the 1920s of an inherently inflationary, open-ended system for funding and delivering health care. The answer to an inefficient system, however, is not to stint on care, but rather to restructure the system to remove (...) the inflationary pressures. As long as we are spending enormous resources on an inherently inefficient and inflationary system we cannot justify asking doctors to withhold beneficial care to save money for third-party payers. Doing so serves a largely political agenda and endangers the patient-centered ethic that is central to medicine. (shrink)

Anniversaries and funding crises prompt periodic calls to reevaluate the mission and public perceptions of the U.S. Land-Grant University system. One such call was issued by the Kellogg Commission on the Future of State Colleges and Land Grant Universities in their 1999 report, “Returning to Our Roots: the Engaged Institution.” Written by leaders of state universities and land-grant colleges, this report urges these institutions to engage more authentically and equitably in two-way relationships with their local constituents. Twenty years later, Land-Grant (...) Universities continue to struggle with building widespread public support for their missions and equitable involvement in research, teaching, and extension functions across diverse constituencies. While largely discounted by the Kellogg Commission, a fresh look at the role originally envisioned for the extension arm of the trifold land-grant mandate suggests that we may be conceiving of this system too narrowly. The establishment of statewide extension systems was once seen as a way to ensure that Land-Grant Universities would be accessible and responsive to all of a state’s residents. Extension systems continue to offer a front-door to a major public university in almost every county of the United States, but they tend to be viewed primarily as a way to translate science or distribute information from the university to the public. This discussion uses a historical and modern lens to reimagine the role that Extension could potentially play in catalyzing reciprocal, co-learning relationships between Land-Grant Universities and their diverse local constituencies. (shrink)

This book is a philosophical reflection on the experience of time from within exile. Its focus on temporality is unique, as most literature on exile focuses on the experience of space, as exile involves dislocation, and moods of nostalgia and utopia. Marcia Sá Cavalcante Schuback proposes that in exile, time is experienced neither as longing back to the lost past nor as wanting a future to come but rather as a present without anchors or supports. She articulates this present (...) as a "gerundive" mode, in which the one who is in exile discovers herself simply being, exposed to the uncanny experience of having lost the past and not having a future. To investigate this, the book establishes a conversation among three authors whose work has exemplified this sense of gerundive time: the German philosopher Martin Heidegger, the French writer and essayist Maurice Blanchot, and the Brazilian writer Clarice Lispector. The book does not aim to discuss how these authors understand the relation between time and exile but enters in conversation with them in relation to this question. Attempting to think and express this difficult sense of time from within exile, the book engages with the relation between thought and language, and between philosophy and literature. Departing from concrete existential questions, it opens new philosophical and theoretical modes through which to understand what it means to be present in times of exile. (shrink)

When successful and ethical managers are alerted to possible organizational wrongdoing, they take corrective action before the problems become crises. However, recent research [e.g., Rynes et al. (2007, Academy of Management Journal50(5), 987–1008)] indicates that many organizations fail to implement evidence-based practices (i.e., practices that are consistent with research findings), in many aspects of human resource management. In this paper, we draw from years of research on whistle-blowing by social scientists and legal scholars and offer concrete suggestions to managers who (...) are interested in encouraging internal reporting of problems requiring attention, and to observers of questionable activity who are considering reporting it. We also identify ways that research suggests policy-makers can have a more positive influence. We hope that these suggestions will help foster evidence-based practice regarding whistle-blowing. (shrink)

Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus (...) primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austin’s classic A Plea for Excuses, but expand on his account, suggesting that we offer excuses for reasons besides those he mentions. My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the rules of civility. (shrink)

Friends as well as foes of Kant have long been uneasy over his emphasis on duty, but lately the view that there is something morally repugnant about acting from duty seems to be gaining in popularity. More and more philosophers indicate their readiness to jettison duty and the moral 'ought' and to conceive of the perfectly moral person as someone who has all the right desires and acts accordingly without any notion that (s)he ought to act in this way. Elsewhere' (...) I have argued that such a picture of the perfectly moral person is flawed. In this paper I examine the claim that acting from duty is morally repugnant. There is some truth to this charge, but, I argue, the repugnance attaches not to acting from duty as such, but only to certain ways of acting from duty. In isolating the objectionable elements of acting from duty, I hope not only to vindicate the skeletal concept but also to offer illumination on the question of just how we should understand morally good conduct. (shrink)

Riordan, Marcia Recent advances in genetic technology may mean that the brave new world really is almost here. Non-invasive prenatal genetic diagnosis could finally allow hundreds of thousands of genetic traits to be determined with just one maternal blood test. This could bring genetic screening of the unborn child to a whole new level and mean that as a society we face a new set of challenges in areas such as disability rights, abortion and informed consent.

Riordan, Marcia Some advocates of embryonic stem cell research want women to be paid for donating their eggs. This article details reasons why this would be bad public policy that would harm women.

To "look good" and to "be good" have traditionally been considered two very different notions. Indeed, philosophers have seen aesthetic and ethical values as fundamentally separate. Now, at the crossroads of a new wave of aesthetic theory, Marcia Muelder Eaton introduces this groundbreaking work, in which a bold new concept of merit where being good and looking good are integrated into one.

During the past decade ethical theory has been in a lively state of development, and three basic approaches to ethics - Kantian ethics, consequentialism, and virtue ethics - have assumed positions of particular prominence.

Here is the story of Summerfield Grade School and Charles Kamm, a principal and teacher who devoted his entire professional career to this rural Illinois school. He created a school family, where each person was valued, and encouraged the development of a community family, where parents, grandparents, and citizens participated in the programs and activities of the school.

Marcia Cavell draws on philosophy, psychoanalysis, and the sciences of the mind in a fascinating and original investigation of human subjectivity. A "subject" is a creature, we may say, who recognizes herself as an "I," taking in the world from a subjective perspective; an agent, doing things for reasons, sometimes self-reflective, and able to assume responsibility for herself and some of her actions. If this is an ideal, how does a person become a subject, and what might stand in (...) the way? One of Marcia Cavell's guiding premises is that philosophical investigation into the specifically human way of being in the world cannot separate itself from investigations of a more empirical sort. Cavell brings together for the first time reflections in philosophy, findings in neuroscience, studies in infant development, psychoanalytic theory, and clinical vignettes from her own psychoanalytic practice. (shrink)

It is widely agreed that the top three Model Penal Code culpability levels suffice for criminal liability, but the fourth is controversial. And it isn’t just the particular MPC wording; that negligence should be on the list at all is controversial. My question is: What makes negligence so different? What is it about negligence that gives rise to the view that it should not suffice for criminal liability? In addressing it, I draw attention to how we conduct the debate, and (...) how our framing of the issues is shaping it. My hope is to prompt thought and discussion on just what we want the element of mens rea to provide, and to draw attention to background assumptions that shape our views of what it should take for negligence to count as a species of mens rea. (shrink)

...believe that his theory asks too much, demanding total devotion to morality and treating everything worth doing (and perhaps more) as a duty. But, despite their differences, the two sets of...

In this article, we describe the social and economic changes that have contributed to contemporary problems of work—family conflict, gender inequality, and risks to children's healthy development. We draw on feminist welfare state scholarship to outline an institutional arrangement that would support an earner—carer society—a social arrangement in which women and men engage symmetrically in paid work and unpaid caregiving and where young children have ample time with their parents. We present a blueprint for work—family reconciliation policies in three areas—paid (...) family-leave provisions, working-time regulations, and early childhood education and care—and we identify key policy design principles. We describe and assess these work—family reconciliation policies as they operate in six European countries widely considered to be policy exemplars: Denmark, Finland, Norway, Sweden, Belgium, and France. We close with an analysis of potential objections to these policies. (shrink)

Cavell elaborates the view, traceable from Wittgenstein to Davidson, that there is no thought, and thus no meaning, without language, and shows how this concurs ...

This valuable and interesting book attempts to discern the essential Freudian theses about the mind and to give them a cogent philosophical defense. Like many philosophers Gardner sees psychoanalytic explanation as continuous with folk psychology, though he holds that the latter needs considerable expansion in order to accommodate irrationality of the “Freudian” sorts.

Riordan, Marcia This article gives the reader an overview of a DVD 'God So Loved the World: A Pastoral Series on Life Issues.' This DVD was produced by the Australian Catholic Life Council, a group established by the Australian Catholic Bishops Conference under the ACBC Commission for Pastoral Life. This article discusses the life issues covered in the DVD, which are abortion, euthanasia, and the reproductive technologies. Above all, it explains why it is necessary to de-velop a more positive (...) pastoral response to these issues. (shrink)

Riordan, Marcia This report on the Victorian Abortion Law Reform Bill 2008 particularly considers the fact that it has denied health care professionals any right of conscientious objection. It sees this as part of an international attempt to deny conscientious objection against abortion, and to enforce abortion as an international human right.

Riordan, Marcia This article argues against the Victorian Medical Treatment (Physician Assisted Dying) Bill and the Federal Rights of the Terminally Ill (Euthanasia Laws Repeal) Bill. True compassion leads to sharing another's pain; it does not kill them.

Roche, Marcia Sectarianism has been defined as 'adherence or excessive devotion to a particular religious denomination or sect'.1 However, as Kildea notes, dictionary definitions of the term fail to square with its 'distinctive' meaning in the Australian context.2A more accurate representation of the Australian connotation is conveyed by Hogan, who says that it refers to 'the hostility between different churches or "sects" which has manifested itself in the wider arena of social and political conflict'.3 The social, political and economic (...) discrimination and exclusion that has existed in Australia between Catholics and Protestants was most intense from the beginning of European settlement until the 1960s, when the Catholic Church's endorsement of ecumenism offered a means of positive engagement with members of other Christian denominations. (shrink)