I respond to some questions raised by Frances Kamm with respect to my book Rights and Demands (2018). The book focuses on demand-rights and asks how we accrue them. In other words, how does one accrue the standing to demand an action of someone or rebuke them for non-performance? My response to Kamm emphasizes how I understand “directed duties” in this context. Contrary to the standard practice of rights theorists, I do not start from the assumption that directed duties are (...) constituted by “plain” duties in the context of other factors (about which rights theorists disagree). Rather, I understand my duty to you as the correlative and equivalent of your standing to demand the action in question. I offer a number of further clarifications and conclude by distinguishing the targets of my discussion from other phenomena of interest to moral philosophers, such as complaining and blaming. (shrink)

A striking feature of the life of practical agency is the substantial latitude it includes. One suggestion for how to explain this latitude is that such latitude points to pluralism in the very way that reasons favor: some reasons favor deontically, and other reasons only commend. However, there is a critical question about the comparative lives of such reasons. They presumably admit of different strengths, and are thus capable of ordering options. While one might agree that we have latitude to (...) decline following the direction of a reason that merely commends, it seems that once we face two or more such reasons that offer competing recommendations, only the action supported by the better reason is a candidate for action. Against this challenge, this chapter argues that commendatory reasons have the ability to defend, in the cases we care about, the moral and rational acceptability of doing the less worthy. (shrink)

This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of Government’. It offers a conceptual analysis of territory and the various rights associated with territory. According to Locke, territorial right is established through the subjection, by free consent, of persons and their land to state authority. This theory is found to rest on a number of flawed assumptions, among them claims to natural rights (...) of property and an obvious link between private property and territorial jurisdiction. Cara Nine draws on Lockean principles to claim that a state is a collective that, like individuals, owns property, namely the territory of the state. After examining the historical antecedents of such ideas, the chapter points away from them and towards accounts of territory based on individual and collective claims of rights. (shrink)

Margaret Boden presents a series of essays in which she explores the nature of creativity in a wide range of art forms. Creativity is the generation of novel, surprising, and valuable ideas. Boden identifies three forms of creativity each eliciting a different form of surprise.

Fifteen original essays open up a novel area of inquiry: the distinctively ethical dimensions of women's experiences of and in aging. Contributors distinguished in the fields of feminist ethics and the ethics of aging explore assumptions, experiences, practices, and public policies that affect women's well-being and dignity in later life. The book brings to the study of women's aging a reflective dimension missing from the empirical work that has predominated to date. Ethical studies of aging have so far failed to (...) emphasize gender. And feminist ethics has neglected older women, even when emphasizing other dimensions of 'difference.' Finally work on aging in all fields has focused on the elderly, while this volume sees aging as an extended process of negotiating personal and social change. (shrink)

In this paper, I urge that the very real lessons Carol Gilligan's work in moral psychology offer to moral philosophy can best be appreciated if we take seriously the gap between the two disciplines. The care and justice perspectives Gilligan explores are psychological orientations, and orientations are defined as much by matters of emphasis, selectivity of interpretation, and gestalt as they are by propositional commitment. As such, I argue, their contribution to moral theory is best seen as stances from which (...) to do theory, rather than as constituting ready-made theories themselves. In pursuing this train of thought, I examine how Gilligan's work has developed over time and how, in the end, we should understand the juxtaposition between the two orientations. (shrink)

This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about land. It justifies liberty (...) rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent (...) works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory. (shrink)

Philosophy and Phenomenological Research, Volume 99, Issue 3, Page 720-725, November 2019.

Prandtl's work on the boundary layer theory is an interesting example for illustrating several important issues in philosophy of science such as the relation between theories and models and whether it is possible to distinguish, in a principled way, between pure and applied science. In what follows I discuss several proposals by the symposium participants regarding the interpretation of Prandtl's work and whether it should be characterized as an instance of applied science. My own interpretation of this example (1999) emphasised (...) the degree of autonomy embedded in Prandtl's boundary layer model and the way it became integrated in the larger theoretical context of hydrodynamics. In addition to extending that discussion here I also claim that the characterization of applied science which formed the basis for the symposium does not enable us to successfully distinguish applied science from the general practice of 'applying' basic scientific knowledge in a variety of contexts. (shrink)

The British Government has recently agreed proposals for a National Numeracy Strategy which claims to be based on evidence concerning 'what works'. This article reviews the literature in each key area in which recommendations are made, and makes a judgement of whether the claim is justified. In some areas (e.g. calculators) the recommendations run counter to the evidence.

Berkeley has been notoriously charged with inconsistency because he held that spiritual substance exists, Although he argued against the existence of material substance. Berkeley is only inconsistent on the assumption that his argument in favor of spiritual substance parallels the rejected argument for material substance. I show that berkeley is relying on quite a different argument, One perfectly consistent with his theory of ideas, Based on presuppositions the germs of which can be found in the thought of his predecessors in (...) the theory of ideas, Descartes and locke. (shrink)

In this exploratory paper, we investigate the extension of Haidt’s :814–834, 2001, The righteous mind: Why good people are divided by politics and religion, 2012) Moral foundations theory, operationalized as the MFQ30 questionnaire, from a sample of the general public across many countries to a sample of business students. MFT posits that people rely on five major concerns, or foundations, when making moral judgments. The five concerns are care/harm, fairness/cheating, loyalty/betrayal, respect/authority, and purity/degradation. In addition, Haidt suggests that intuition, rather (...) than reasoning, leads to moral judgment. We replicate Haidt’s measurement model and find that the measurement model based on our sample is consistent. This indicates support for MFT. Further, we find structural differences in the measurement model between the genders and between areas of study. Our findings suggest that all students in the sample focus substantially on the fairness foundation. Ethics education and research may seek to expand the number of moral foundations individuals consider when discerning whether something is right or wrong. (shrink)

This article investigates the role of commonly specified control variables in moderating the relationship between corporate social performance (CSP) and corporate financial performance (CFP). In addition, there are separate measures for positive (strengths) social actions, and for negative (concerns) social actions. The results support the positive relationship between CSP and CFP. The best model, as determined using factorial analysis of variance, is one which has the following control variables: size, industry, risk, and research and development expenditures. In examining the CSP/CFP (...) relationship, researchers must control for these variables, in order to properly specify the model. (shrink)

Interest in philosophical anthropology in the early twelfth century was limited to the logical question of how to think and speak about dead humans. This question was prompted by the logic of living and dead humans based on the doctrine of substance found in Aristotle’s Categories and in the division of substance, as outlined by Porphyry to exemplify the logic of genus and species relations in the Isagoge. Abelard held the view that there is no such thing as a dead (...) human, and this provoked an intense response from his contemporaries. Abelard’s contemporaries, including Alberic of Paris and other anonymous authors, mounted a number of arguments against Abelard’s views. The stakes were high for them: as realists about species and genera, Abelard’s denial that there are dead humans threatened their entire interpretation of the structure of species and genera, and thereby their theory of universals. (shrink)

One result of routine use in intensive care units of the medical apparatus known as the artificial ventilator has been the creation of human entities whose brains are diagnosed as irreversibly damaged, but whose bodies are kept alive by means of technological support. Such brain-dead bodies have potential value as a supply of human organs for transplant. This article, drawing primarily on ethnographic data collected in intensive care units, examines why procurement of organs from brain-dead bodies has been fully institutionalized (...) in North America for more than two decades, in contrast to Japan. It is argued that the basic medical discourse is essentially the same in both locations and that it is largely unexamined tacit knowledge formed from an amalgam of local values, discursive formations in law, medical guidelines, policy formulations and public commentary, that accountfor the difference. This situation, that has dramatically different effects on the transplant enterprise in the two locations, is not culturally determined and the respective dominant ideologies are widely disputed in both North America and Japan resulting in a situation of chronic flux. (shrink)

The goal of our work has been to better understand how Engaged Philosophical Inquiry can be used with young children on topics related to our local forest environment as part our foundation curriculum on sustainability. Theoretically we draw on the work of Matthew Lipman ; Philosophy for Children ; Phillip Cam, ; John Dewey, ; Gunilla Dahlberg and Peter Moss to discuss democratic community building, and ethical pedagogical approaches related to EPI and young children. Working with children of this age (...) holistically on the topic of sustainability has not been systematically researched to date. Our findings therefore contribute to better understandings of EPI and: 1) democratic community building processes; 2) the use of context to focus our discussions; 3) group membership and group size; and 4) turn taking and the role of the moderator. (shrink)

Illuminating the complex relationships between tribal informants and twentieth-century anthropologists such as Boas, Parker, and Fenton, who came to their communities to collect stories and artifacts"--Provided by publisher.

Thinking About Sexual Harassment aims to provide the information necessary for careful, critical thinking about the concept of sexual harassment. Part I traces the construction of the concept of sexual harassment from the first public uses of the term through its definitions in the law, in legal cases, and in empirical research. Part II analyses philosophical definitions of sexual harassment and a number of issues that have arisen in the law, including the reasonable woman standard and whether same-sex harassment should (...) be considered sex discrimination. (shrink)

Philosophical theories of perception are generally admitted to be responses to certain problems or puzzles allied to the ancient dichotomy between Appearance and Reality. For they have been mainly provoked by the incompatibility of the common–sense assumption that an external, physical world exists and is revealed to the senses with the well–known facts of perceptual variation and error. If only what is real were perceived just as if only what is right were done it is possible that many of those (...) questions would never have been asked which lead to moral philosophy and a metaphysics of the external world. But sense perceptions of the same object vary so that it appears to have contradictory qualities and are sometimes completely deceptive. Nor do illusory differ internally from veridical perceptions. Moreover, perceptual variation and error can be unmasked only by such procedures as looking more carefully, listening harder, trying to touch, asking others, in short by more sense experience. So the senses are, as it were, both accused and judge in these disputes and why should a venal judge be trusted more than the criminal he tries? Such “correction” of one experience by another of the same kind seems no more reliable than the original “error.” Philosophers have found all this very puzzling. (shrink)

This focus issue is a conversation at and about the interface of feminist ethics and religious ethics, in order to show what these multifaceted fields of intellectual endeavor and practical import have to say to each other, to teach and to learn. The seven essays approach that dialogue from a variety of angles and traditions, reflecting the fecundity of both fields and the wide-ranging concerns of colleagues in religious ethics who share commitments and methods with feminist ethics.

Contextual Arguments for Liberalism This chapter examines Rawls's essays published since A Theory of Justice and Charles Larmore's argument in Patterns of Moral Complexity, both of which reject the derivation of liberal principles from a neutral starting point and claim that their liberal principles are justified because they are the most appropriate response to the circumstances that obtain in modern society, and particularly the circumstance of moral pluralism.

This chapter examines the Kantian argument put forward by Alan Gewirth in Reason and Morality, that morality, which is identified with liberal principles of justice, is entailed in the standpoint of self‐interest, and can be discerned through the exercise of theoretical reason. This chapter argues that it fails to overcome the dualisms that bedevilled Kant's version of this argument.

Les questions de justice soulevées par la possession du territoire sont nombreuses. Qui a droit à quoi ? La distribution est-elle équitable ? Quels sont les droits censés découler d’un droit au territoire ? Et il y en a bien d’autres. Le présent article met en évidence que ces questions de justice sont abordées sous une perspective plutôt différente selon la conception que l’on se fait du territoire. Il existe à ce dernier égard deux courants dominants : le premier, souvent (...) identifié à Locke, voit le territoire sous l’angle de la propriété ; le second, que l’on rattache à Kant, est considéré comme le domaine géographique du pouvoir juridictionnel.There are many justice issues raised by the possession of territory ; questions of who is entitled to what ; the fairness of the distribution ; and the entitlements that are thought to follow from having a right to territory, to name a few. This paper then goes on to show that these justice issues are framed somewhat differently depending on one’s conception of territory. There are two dominant conceptions of territory : territory as property ; and territory as the geographical domain of jurisdictional authority. The former is often identified with Locke, and the latter with Kant. (shrink)

This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs are likely (...) to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice. (shrink)

This chapter examines the appropriate view of the relationship between territory, national communities, and self‐determination. It examines various arguments for territorial rights.