Using the theft of Indigenous land and territory and the destruction of Indigenous political authorities as an example, this paper examines two theories of territorial rights in relation to their treatment of historical territorial injustices. We apply Simmons’s historical theory of rights over territory, and the occupancy/self-determination theory of territorial rights associated with Moore and Stilz, to three problems: the Continuity Problem, the Particularity Problem, and the Distributive Justice Problem. We argue that the occupancy/self-determination theory is more promising for (...) resolving all three, but that the historical title theory can also be modified to accommodate this insight. (shrink)

Many countries project that they will have difficulty to meet their demand for primary care based on an inadequate supply of primary care doctors. There are many reasons for this, and they tend to vary by country. The policy options available to these countries are to increase the number of local primary care doctors, recruit doctors from other countries, ration primary care, shift more primary care to specialists, or authorize other disciplines to provide primary care. This article examines lessons learned (...) in the United States over the past 50 years and proposes that expanding the use of nurse practitioners is the best solution when measured by feasibility, costs, ethics, and scope of the care delivered. Using nurse practitioners trained in country meets the World Health Organization global code of practice regarding the international recruitment of health personnel. (shrink)

Reiner Schürmann’s work received a much delayed reception due to his early death and a complicated situation surrounding his estate. In a personal account of his experiences, the author describes essential stages that led to numerous posthumous publications and translations and outlines Schürmann’s understanding of the concept of “origin,” which is central to his thinking, along the lines of his literary practice against the background of a lifelong confrontation with his own biography.

A number of arguments have been put forward by D. Z. Phillips which purportedly establish that the problems that lie at the heart of the theological realism/nonrealism controversy are confused, and that realism itself is incoherent and may be refuted. These arguments are assessed and several different theories of realism are considered. The questions of the nature of religious belief and whether God is an object are addressed. Phillips' arguments are shown to fail to supply a substantial objection to any (...) interesting variety of theological realism. (shrink)

Bourdieu suggested that the habitus contains the ‘genetic information’ which both allows and disposes successive generations to reproduce the world they inherit from their parents’ generation. While his writings on habitus are concerned with embodied dispositions, biological processes are not a feature of the practical reason of habitus. Recent critiques of the separate worlds of biology and culture, and the rise in epigenetics, provide new opportunities for expanding theoretical concepts like habitus. Using obesity science as a case study we attempt (...) to conceptualise the enfolding of biological and social processes (via a Deleuzian metaphor) to develop a concept of biohabitus – reconfiguring how social and biological environments interact across the life course, and may be transmitted and transformed intergenerationally. In conclusion we suggest that the enfolding and reproduction of social life that Bourdieu articulated as habitus is a useful theoretical frame that can be enhanced to critically develop epigenetic understandings of obesity, and vice versa. (shrink)

In his What is Business Ethics? Peter Drucker accuses business ethics of singling out business unfairly for special ethical treatment, of subordinating ethical to political concerns, and of being, not ethics at all, but ethical chic. We contend that Drucker's denunciation of business ethics rests upon a fundamental misunderstanding of the field. This article is a response to his charges and an effort to clarify the nature, scope and purpose of business ethics.

Costly signaling theories of religion contend that religious belief and behaviors function as costly signals of cooperative intent. Such signals are evolvable because they allow likely cooperators to find one another, while excluding potential cheats or free riders that would be unwilling to pay the price associated with sending the signal. As a result, under the right conditions, religious costly signaling can emerge as an evolutionary stable strategy. However, reliability certifying costly signaling can evolve and stabilize only when certain necessary (...) conditions are satisfied. In this paper we argue that current versions of the theory do not adequately demonstrate that these conditions are met. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.

This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...) an interpretivist jurisprudence that is continuous with law practice in a given culture. (shrink)

This chronological collection of Moore's most compelling and dramatic images, taken as the movement progressed through Alabama, Mississippi, Tennessee, and Georgia, highlights activity from 1958 to 1965. Included are the iconic scenes of black protestors huddled in a doorway to escape the crippling blasts of fire hoses in Birmingham; a white bigot swinging a baseball bat seconds before cracking it on the head of a black woman during the desegregation of the Capitol Cafeteria in Montgomery; a young and stunned (...) Dr. Martin Luther King Jr. pinned to the counter of a police precinct, his arm twisted behind his back; the devastating aftermath of "Bloody Sunday" on the Edmund Pettus Bridge in Selma; and Bull Connor's police dogs tearing mercilessly at the legs of a protestor in downtown Birmingham. Celebrity protestors--comedian Dick Gregory, poet Galway Kinnell, singers Joan Baez, Mary Travers, Pete Seeger, and Harry Bellafonte, actor Pernell Roberts, and writer James Baldwin--are featured alongside the many nameless but committed participants and the recognized major leaders of the movement. (shrink)

In this far-reaching essay, historian Michael Edward Moore examines modernity as an historical epoch following the end of the medieval period -- and as a "messianic concept of time." In the early twentieth century, a debate over the meaning and origins of modernity unfolded among the philosophers Ernst Cassirer, Hans-Georg Gadamer and Hans Blumenberg. These thinkers tried to resolve the puzzle of the fifteenth-century master Nicholas of Cusa. Was Cusanus the last great medieval thinker, his ideas a summa (...) of medieval tradition? Or was he a mysterious epochal figure, seated at one end of the bridge leading to modern thought? Nicholas of Cusa lived during a time of historical and existential crisis, or kairos, when medieval governments and cherished sources of unity were shaken. Likewise, the debate over his significance took place during a later phase of crisis for Europe, in the decades before and after the Second World War, when the collapse of European civilization was witnessed. Moore argues that modernity, so intently examined as an historical and spiritual problem, has significance for our contemporary sense of crisis. (shrink)

Professor Michael S. Moore, Charles R. Walgreen, Jr. Chair and Co-Director, Program in Law and Philosophy at the University of Illinois College of Law, delivered Duke Law's Annual Brainerd Currie Memorial Lecture entitled "The Elusive Quest for a Constitutional Right to Liberty." One of the country's most prominent authorities on the intersection of law and philosophy, he has published eight books and some 60 major articles, which have appeared in the country's top law reviews and peer reviewed journals (...) in philosophy and psychiatry. He is the author of Placing Blame, a General Theory of the Criminal Law, widely regarded as the leading modern statement of the retributivist theory of punishment and of that theory's systematic application to criminal law doctrine. In Act and Crime: The Philosophy of Action and its Implications for Criminal Law, Moore provided a unified theory of action that underlies English and American criminal jurisprudence. Professor Moore has presented more than 150 lectures and papers in law, jurisprudence, political theory, legal philosophy, political science and economics, philosophy, psychology, and psychiatry. Sponsored by the Office of the Dean. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

This book draws together a distinguished group of philosophers and theologians to present new thinking on realism and religion.

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

In this article, the co-editors of the Leadership and Ethics: Quantitative Analysis section of the journal outline some of the key issues about conducting quantitative research at the intersection of business, ethics, and leadership. They offer guidance for authors by explaining the types of papers that are often rejected and how to avoid some common pitfalls that lead to rejection. They also offer some ideas for future research by drawing upon the opinions of four noted experts in the field to (...) consider the types of research questions we should be asking, the types of theory we should be building, the types of models we should be testing, and the types of methods we should be using. (shrink)

Originally published: Oxford: Clarendon, 1997.

James Moore states that "some of the most distinctive and central arguments of Hutcheson's philosophy - the importance of ideas brought to mind by the internal senses, the presence in human nature of calm desires, of generous and benevolent instincts - will be found to emerge in the course of these writings.""--Jacket.

The advantages of adopting a realist semantics within linguistics are seen as: first, such semantics can allow for meaningful disagreements between speakers; and second, such semantics minimizes indeterminacy. These two advantages are translated into comparable advantages for such semantics if used in law. Three different versions of realist semantics are distinguished within recent legal theory. Only one of these is deemed capable of delivering the advantages of a truly realist semantics. Although a broad applicability of realist semantics is defended—to cover (...) terms referring to functional and moral as well as natural kinds—a limited role for realist semantics within legal interpretation is defended. Such semantics may provide the first word in legal interpretation; it never provides the last word. The application of realist semantics to law itself is finally assayed. The desirability of legal theory about law being objective is defended. (shrink)

Research Articles Michael S. Moore, Social Philosophy and Policy, FirstView Article.

My own mode of discussing Douglas Husak's excellent new book, Overcriminalization,1 is by comparing the theory that book defends—what Husak calls “minimalism”—with a theory with which I am already...

Orang-utans played a communication game in two studies testing their ability to produce and comprehend requestive pointing. While the ‘communicator’ could see but not obtain hidden food, the ‘donor’ could release the food to the communicator, but could not see its location for herself. They could coordinate successfully if the communicator pointed to the food, and if the donor comprehended his communicative goal and responded pro-socially. In Study 1, one orang-utan pointed regularly and accurately for peers. However, they responded only (...) rarely. In Study 2, a human experimenter played the communicator’s role in three conditions, testing the apes’ comprehension of points of different heights and different degrees of ostension. There was no effect of condition. However, across conditions one donor performed well individually, and as a group orang-utans’ comprehension performance tended towards significance. We explain this on the grounds that comprehension required inferences that they found difficult – but not impossible. The finding has valuable implications for our thinking about the development of pointing in phylogeny. (shrink)

Two‐ and 3‐year‐old children (N = 96) were tested in an object‐choice task with video presentations of peer and adult partners. An immersive, semi‐interactive procedure enabled both the close matching of adult and peer conditions and the combination of participants’ choice behavior with looking time measures. Children were more likely to use information provided by adults. As the effect was more pronounced in the younger age‐group, the observed bias may fade during toddlerhood. As there were no differences in children’s propensity (...) to follow peer and adult gestures with their gaze, these findings provide some of the earliest evidence to date that young children take an interlocutor’s age into account when judging ostensively communicated testimony. (shrink)

The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current Norwegian law on insanity. (...) I defend a strong version of the medical model against standard criticisms advanced against it in the Anglo-American literature, and venture some suggested improvements in how that model was applied in the Breivik case. (shrink)

A lot of what we understand to be trust is not trust; it is, instead, an active and conscious decision to feign trust. We call this ‘as-if’ trust. If trust involves taking on risks and vulnerabilities, as-if trust involves taking on surplus risks and vulnerabilities. People may decide to act as if they trust in many situations, even when they do not have sufficient warrant to trust – which is to say even when they do not trust. Likewise, people might (...) decide to act as if they trust even when they have good reasons to actively distrust. The surplus risks of as-if trust may be worth taking in a number of different contexts and for many reasons. We argue that as-if trust is a concept that should be added to our theoretical, practical, and political vocabularies of trust and distrust. In doing so, we discuss the main reasons for someone to act as if they trust. We then show that the practice of as-if trust has been recognized by other scholars but treated as trust. In response, we clarify how as-if trust differs from trust, and we discuss the utility and ubiquity of as-if trust, especially in politics. (shrink)

This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.

Infants can see someone pointing to one of two buckets and infer that the toy they are seeking is hidden inside. Great apes do not succeed in this task, but, surprisingly, domestic dogs do. However, whether children and dogs understand these communicative acts in the same way is not yet known. To test this possibility, an experimenter did not point, look, or extend any part of her body towards either bucket, but instead lifted and shook one via a centrally pulled (...) rope. She did this either intentionally or accidentally, and did or did not address her act to the subject using ostensive cues. Young 2-year-old children but not dogs understood the experimenter’s act in intentional conditions. While ostensive pulling of the rope made no difference to children’s success, it actually hindered dogs’ performance. We conclude that while human children may be capable of inferring communicative intent from a wide variety actions, so long as these actions are performed intentionally, dogs are likely to be less flexible in this respect. Their understanding of communicative intention may be more dependent upon bodily markers of communicative intent, including gaze, orientation, extended limbs, and vocalisations. This may be because humans have come under selective pressure to develop skills for communicating with absent interlocutors – where bodily co-presence is not possible. (shrink)