The purpose of this paper is to examine the distinction between "negative" and "positive" duties. Special attention will be given to certain criticism raised against this distinction by Michael Tooley.

In a number of essays published over the last decade or so, W. V. Quine has made some interesting suggestions concerning the ontology of theories. If I understand him correctly, one of his principal objects has been to formulate a criterion by means of which one can correctly decide what are the ontological commitments of any given theory. My aim in this paper is to reveal what I think are inadequacies in Quine's criterion and to indicate the direction in which (...) a proper formulation lies. (shrink)

Nature, God and Humanity clarifies the task of forming an ethics of nature, thereby empowering readers to develop their own critical, faith-based ethics. Calling on original, thought-provoking analyses and arguments, Richard L. Fern frames a philosophical ethics of nature, assesses it scientifically, finds support for it in traditional biblical theism, and situates it culturally. Though defending the moral value of beliefs affirming the radical Otherness of God and human uniqueness, this book aims not to compel the adoption of any (...) particular ethic but rather illumine the contribution diverse forms of inquiry make to an ethics of nature. How does philosophy clarify moral conviction? What does science tell us about nature? Why does religious faith matter? Rejecting the illusion of a single, rationally-compelling ethics, Fern answers these questions in a way that fosters both agreement and disagreement, allowing those holding conflicting ethics of nature to work together for the common good. (shrink)

It is well documented that the effects of legal punishment tend to drift to the family members, friends, and larger communities of convicted offenders. Instead of conceiving of punishment drift as incidental to legal punishment, or as merely foreseen but not intended by state authorities and thus permissible, I argue that efforts ought to be undertaken to limit or ameliorate it. Failure to confine punishment drift comes perilously close to punishment of the innocent and is at odds with other legal (...) doctrines and broader penal practices that hold offenders, and offenders alone, responsible for their crimes. Numerous arguments urging tolerance of punishment drift, or more assertively defending it, are examined and found wanting. (shrink)

Theories of Truth provides a clear, critical introduction to one of the most difficult areas of philosophy. It surveys all of the major philosophical theories of truth, presenting the crux of the issues involved at a level accessible to nonexperts yet in a manner sufficiently detailed and original to be of value to professional scholars. Kirkham's systematic treatment and meticulous explanations of terminology ensure that readers will come away from this book with a comprehensive general understanding of one of philosophy's (...) thorniest set of topics. -/- Included are discussions of the correspondence, coherence, pragmatic, semantic, performative, redundancy, appraisal, and truth-as-justification theories. There are also chapters or sections of chapters on the liar paradox, three-valued logic, Field's critique of Tarski, Davidson's program, Dummett's theory of linguistic competence, satisfaction, recursion, the extension/intension distinction, and an explanation of how theories of justification, properly understood, differ from theories of truth. -/- A persistent theme is that philosophers have too often failed to recognize that not all theories of truth are intended to answer the same question. When the various questions are made distinct, it is apparent that many of the "debates" in this field are really cases of philosophers talking past one another. There is much less disagreement within the field than has commonly been thought. (shrink)

Numerous retributivists hold that deserved punishment has intrinsic value. A number of puzzles regarding that claim are identified and discussed. An alternative, more Kantian account of intrinsic value is then identified and the ways in which legal punishment might be understood to cohere with it are explored. That account focuses on the various ways in which legal punishment might be persons-respecting. It is then argued that this Kantian account enables us to solve or evade the puzzles generated by the other (...) intrinsic value account. (shrink)

Here is an in-depth look at the role myth, mortality, and religion play in J. R. R. Tolkien's works such as The Hobbit, The Lord of the Rings, and The Silmarillion -- including Tolkien's private letters and revealing opinions of his own work. Richard L. Purtill brilliantly argues that Tolkien's extraordinary ability to touch his readers' lives through his storytelling -- so unlike much modern literature -- accounts for his enormous literary success. This book demonstrates the moral depth in (...) Tolkien's work and cuts through current subjectivism and cynicism about morality. A careful reader will find a subtle religious dimension to Tolkien's work -- all the more potent because it is below the surface. Purtill reveals that the author's fantasy stories creatively incorporate profound religious and ethical ideas. For example, Purtill shows us how hobbits reflect both the pettiness of unimaginative parochial humanity and the unexpected heroism of ordinary people in crisis. Purtill effectively addresses larger issues of the place of myth, the relation of religion and morality to literature, the relation of Tolkien's work to traditional mythology, modern fantasy and science fiction, and the lessons Tolkien's work teaches that are applicable to our own lives. Book jacket. (shrink)

Benardete reads Aristotle as Socratic dialectician writing in treatise form. The sciences of various subject matters appear at first separate (like Platonic eide) but they contain diverging accounts of being, nature, and the soul, which demand to be put together by the reader. De Anima abstracts from the soul as such in order to treat the soul “precisely.” This places limits on the unfolding of problems in phantasia and the heterogeneity of mind and being. As prelude to first philosophy, De (...) Anima raises but does not answer the question: how are the being of thinking and the being of beings related? (shrink)

The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to think and act is tenuous, at (...) best. Second, noncharacter, or trace, evidence should have primacy in determining the guilt or innocence of defendants. Third, character evidence will vary in its freshness and specificity. Other things being equal, only relatively fresh and specific character evidence has probative value. Moreover, such evidence will have greater probative value in criminal cases where the issue before the court is whether a crime has been committed than in cases where the issue is whether it was the defendant who committed the crime. Finally, we might be more sanguine about the introduction of fresh and specific character evidence under conditions likely to work against its misuse or misinterpretation. However, the relevant conditions may not often be satisfied in the real world of criminal trials and defendants. (shrink)

We present a detailed process theory of the moment‐by‐moment working‐memory retrievals and associated control structure that subserve sentence comprehension. The theory is derived from the application of independently motivated principles of memory and cognitive skill to the specialized task of sentence parsing. The resulting theory construes sentence processing as a series of skilled associative memory retrievals modulated by similarity‐based interference and fluctuating activation. The cognitive principles are formalized in computational form in the Adaptive Control of Thought–Rational (ACT–R) architecture, and our (...) process model is realized in ACT–R. We present the results of 6 sets of simulations: 5 simulation sets provide quantitative accounts of the effects of length and structural interference on both unambiguous and garden‐path structures. A final simulation set provides a graded taxonomy of double center embeddings ranging from relatively easy to extremely difficult. The explanation of center‐embedding difficulty is a novel one that derives from the model' complete reliance on discriminating retrieval cues in the absence of an explicit representation of serial order information. All fits were obtained with only 1 free scaling parameter fixed across the simulations; all other parameters were ACT–R defaults. The modeling results support the hypothesis that fluctuating activation and similarity‐based interference are the key factors shaping working memory in sentence processing. We contrast the theory and empirical predictions with several related accounts of sentence‐processing complexity. (shrink)

The dominant approach to the analysis of issues in business ethics consists in the articulation and use of a set of mid-level moral principles. This approach is geared to business practitioners who are not interested in the difficult problems of moral and political theory. I argue that this "practitioner model" is philosophically suspect. I show how the theoretical frameworks prominent business ethicists employ are insufficiently developed. I also show how many of their analyses presuppose substantive views about issues of social (...) justice which they rarely defend or acknowledge. Since no neutral position on these issues is available, I argue that the only alternative is to address the problems such issue's raise for the analysis of institutions and the conduct of persons acting under those institutions. I offer suggestions about how we can develop a more philosophically defensible approach to business ethics. (shrink)

In this groundbreaking work, Richard L. Velkley examines the complex philosophical relationship between Martin Heidegger and Leo Strauss. Velkley argues that both thinkers provide searching analyses of the philosophical tradition’s origins in radical questioning. For Heidegger and Strauss, the recovery of the original premises of philosophy cannot be separated from rethinking the very possibility of genuine philosophizing. Common views of the influence of Heidegger’s thought on Strauss suggest that, after being inspired early on by Heidegger’s dismantling of the philosophical (...) tradition, Strauss took a wholly separate path, spurning modernity and pursuing instead a renewal of Socratic political philosophy. Velkley rejects this reading and maintains that Strauss’s engagement with the challenges posed by Heidegger—as well as by modern philosophy in general—formed a crucial and enduring framework for his lifelong philosophical project. More than an intellectual biography or a mere charting of influence, _Heidegger, Strauss, and the Premises of Philosophy_ is a profound consideration of these two philosophers’ reflections on the roots, meaning, and fate of Western rationalism. (shrink)

The coding function of semiotic-systems in literature is explored as an example of Umberto Eco’s real and fictional protocols in the play of discourse formation (lector in fabula). The intricate phenomenological levels of intersemiotic translation (apposition, opposition, chiasm, zeugma) are illustrated by analyzing a rhetorical passage (semiotic object) from Charles Dickens’ novel Bleak House. The passage on the logic of series (“lists”) allows us to explore fact/fiction, real/imaginary, normal/abnormal, sane/insane, neurotic/psychotic choices as discourse voice protocols (active, middle, passive) for the (...) axiological interpretation (ethic, moral, aesthetic, politic, and rhetoric) of meaning formation (tropes) and signification function (figures). Models of discourse are drawn from Benveniste, Foucault, Greimas, Lévi-Strauss, and Wilden. (shrink)

First, this article summarizes major arguments levied against codes. Second, standards for a sound ethical code are presented. Third, a trend is described toward more concrete codes developed by specific communication organizations. Finally, positive functions of codes are examined, with special emphasis on two: the argumentative function and the character?depiction function.

After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply (...) that the state isjustified in attempting to exclude theoffenders in question from all forms ofpolitical participation, a position thatarguably runs afoul of moral limits onpunishment. The second group of arguments makesexplicit reference to the justifying aims ofpunishment. None supports the blanketdisenfranchisement of felons, though some mayjustify it in relation to some seriousoffenders for certain periods of time. All ofthe arguments supporting the disenfranchisementof serious offenders are most persuasive on theassumption that they live in reasonably justsocieties that are genuinely democratic. Ifthat assumption is false or questionable, thenit is argued that the force of such argumentsmay be weakened considerably. (shrink)

The contributions in the book examine the historical and contemporary manifestations of organized crime, the symbiotic relationship between legitimate and ...

The article consists of a brief biographical account of Immanuel Kant’s life and career, followed by a discussion of his basic philosophy, and a brief discussion of his pivotal point in the history of Rhetoric and Communicology. A major figure in the European Enlightenment period of Philosophy, his Collected Writings were first published in 1900 constituting 29 volumes. He wrote three major works that are foundational to the development of Western philosophy and the human sciences. Often just referred to as (...) the “Three Critiques” informally, the First, the Second, and the Third. These are respectively: The Critique of Pure Reason focused on issues in logic, The Critique of Practical Reason relating ethical guidelines, and The Critique of Judgment exploring issues of aesthetics. He is most famous for his philosophy of transcendental idealism. This version of idealism argues that in logic statements are analytic or synthetic. He further argues that statements are a priori or a posteriori. Models of rhetoric, phenomenological methodology, and the contemporary Perspectives Model of interpersonal communicology are included as the Kantian legacy in the US. Notes provide a guide to edition and philological issues in the Kantian corpus, especially for the hermeneutics of Vorstellung versus Darstellung. (shrink)

In the century between the creation of the first large, European astronomical observatory by Tycho Brahe in the 1580s and the national observatories of France and England in the 1660–1670s, astronomers constructed ever more sets of tables, derived from various geometrical and physical models, to compute planetary positions. But how were these tables to be evaluated? What level of precision or accuracy should be expected from mathematical astronomy? In 1644, the Stetin astronomer and calendar-maker Lorenz Eichstadt published a new set (...) of tables, mostly cobbled together from earlier tables, which include a running commentary on how his tables might be expected to match ‘observed’ planetary positions. His earlier works also often display a rhetoric of ‘exactitude’ and ‘error’. Eichstadt thus offers a case study of explicit discussions of ‘precision’ in mid-seventeenth astronomy. Although some tables could generate positions to arcseconds, Eichstadt argued that a regime of five arcminutes should be enough for most table users who were, presumably, computing horoscopes. (shrink)

Background: Editorial peer review is universally used but little studied. We examined the relationship between external reviewers' recommendations and the editorial outcome of manuscripts undergoing external peer-review at the Journal of General Internal Medicine. Methodology/Principal Findings: We examined reviewer recommendations and editors' decisions at JGIM between 2004 and 2008. For manuscripts undergoing peer review, we calculated chance-corrected agreement among reviewers on recommendations to reject versus accept or revise. Using mixed effects logistic regression models, we estimated intra-class correlation coefficients at the (...) reviewer and manuscript level. Finally, we examined the probability of rejection in relation to reviewer agreement and disagreement. The 2264 manuscripts sent for external review during the study period received 5881 reviews provided by 2916 reviewers; 28% of reviews recommended rejection. Chance corrected agreement on rejection among reviewers was 0.11. In mixed effects models adjusting for study year and manuscript type, the reviewer-level ICC was 0.23 and the manuscript-level ICC was 0.17. The editors' overall rejection rate was 48%: 88% when all reviewers for a manuscript agreed on rejection and 20% when all reviewers agreed that the manuscript should not be rejected. Conclusions/Significance: Reviewers at JGIM agreed on recommendations to reject vs. accept/revise at levels barely beyond chance, yet editors placed considerable weight on reviewers' recommendations. Efforts are needed to improve the reliability of the peer-review process while helping editors understand the limitations of reviewers' recommendations. © 2010 Kravitz et al. (shrink)

In _Freedom and the End of Reason_, Richard L. Velkley offers an influential interpretation of the central issue of Kant’s philosophy and an evaluation of its position within modern philosophy’s larger history. He persuasively argues that the whole of Kantianism—not merely the Second Critique—focuses on a “critique of practical reason” and is a response to a problem that Kant saw as intrinsic to reason itself: the teleological problem of its goodness. Reconstructing the influence of Rousseau on Kant’s thought, Velkley (...) demonstrates that the relationship between speculative philosophy and practical philosophy in Kant is far more intimate than generally has been perceived. By stressing a Rousseau-inspired notion of reason as a provider of practical ends, he is able to offer an unusually complete account of Kant’s idea of moral culture. (shrink)

RECENT SCHOLARSHIP ON HEGEL’S POLITICAL PHILOSOPHY has stressed its place in the modern tradition of reflection on autonomy and rights, thus rejecting negative assessments of Hegel as an authoritarian, post-Napoleonic “Prussian” opponent of liberalism as well as revising sympathetic readings of him as a “communitarian” critic of “atomistic” individualism. A group of eminent writers argues that Hegel, deeply indebted to Rousseau and Kant as turning away from early modern “negative freedom,” rethinks their accounts of “positive freedom” of self-determination based on (...) the principles of the general will or moral law, and embeds those accounts in the customary and institutional framework of the modern constitutional-monarchical state. Hegel understands citizenship in this state as realizing the highest aspirations of modernity for universal recognition of the autonomous personality as secured by the rule of law, systems of impartial justice, suffrage rights, and freedoms of religion, publication, teaching, and so on—under the sovereignty of the patriotic state. Furthermore, this scholarly approach to Hegel regards his conception of politically realized freedom as the heart of his whole philosophical endeavor, and it construes the dialectical arguments as providing chiefly the terms for explicating the rational will’s or practical reason’s inherent striving to actualize itself in ethically, politically, and publicly “mediated” forms of recognition. (shrink)

This comprehensive Gandhi reader provides an essential new reference for scholars and students of his life and thought. It is the only text available that presents Gandhi's own writings, including excerpts from three of his books—An Autobiography: The Story of My Experiments with Truth, Satyagraha in South Africa, Hind Swaraj —a major pamphlet, Constructive Programme: Its Meaning and Place, and many journal articles and letters, along with a biographical sketch of his life in historical context and recent essays by highly (...) regarded scholars. (shrink)