Arts and Humanities Commons^™

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

Race, Colorblindness, And Continental Philosophy, Michael Monahan

Philosophy Faculty Research and Publications

The "colorblind" society is often offered as a worthy ideal for individual interaction as well as public policy. The ethos of liberal democracy would seem indeed to demand that we comport ourselves in a manner completely indifferent to race (and class, and gender, and so on). But is this ideal of colorblindness capable of fulfillment? And whether it is or not, is it truly a worthy political goal? In order to address these questions, one must first explore the nature of "race" itself. Is it ultimately real, or merely an illusion? What kind of reality, if any, does it have, …

Addams's Internationalist Pacifism And The Rhetoric Of Maternalism, Marilyn Fischer

Philosophy Faculty Publications

Addams's pacifism grew out of her experiences working for social justice in Chicago's multi-national immigrant community. It rested on her well-tested conviction that justice and international comity could only be achieved through nonviolent means. While Addams at times used maternalist rhetoric, her pacifism was not based on a belief in woman's essential, pacifist nature. Instead, it was grounded on her understanding of democracy, social justice, and international peace as mutually defining concepts. For Addams, progress toward democracy, social justice, and peace involved both institutional reform and changes in moral, intellectual, and affective sensibilities.

A person's sensibilities grow out of his …

Liberty Of Ecological Conscience, Aaron Lercher

Faculty Publications

Our concern for nonhuman nature can be justified in terms of a human right to liberty of ecological conscience. This right is analogous to the right to religious liberty, and is equally worthy of recognition as that fundamental liberty. The liberty of ecological conscience, like religious liberty, is a negative right against interference. Each ecological conscience supports a claim to protection of the parts of nonhuman nature that are current or potential sites of its active pursuit of natural value. If we acknowledge the fallibility of each conscience in its pursuit of genuine natural value, a policy of indefinitely extensive …

A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein

All Faculty Scholarship

Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …

Richard Rorty And Moral Progress In Global Relations, Eduard Jordaan

Research Collection School of Social Sciences

Richard Rorty's navigation of the pitfalls of the cosmopolitan-communitarian debate, concern with human suffering, recognition of the contingency of communal identities and relationships, and his endorsement of liberal societies, by definition inclusive and always in search of a greater justice, make it appear as though his thought can guide us towards greater concern for the world's poor. However, this article questions the progressive potential of Rorty's thought. Obstacles to such (global) moral progress include Rorty's unquestioned statism and his focus on internal outsiders who are suffering and/or oppressed, instead of external outsiders beyond national borders; his insistence on a public-private …

Christianity And The (Modest) Rule Of Law, David A. Skeel Jr., William J. Stuntz

All Faculty Scholarship

Conservative Christians are often accused, justifiably, of trying to impose their moral views on the rest of the population: of trying to equate God's law with man's law. In this essay, we try to answer the question whether that equation is consistent with Christianity. It isn't. Christian doctrines of creation and the fall imply the basic protections associated with the rule of law. But the moral law as defined in the Sermon on the Mount is flatly inconsistent with those protections. The most plausible inference to draw from those two conclusions is that the moral law - God's law - …

Can We Talk? Feminist Economists In Dialogue With Social Theorists, Julie A. Nelson

Economics Faculty Publication Series

The article focuses on the issues regarding the social and political theory of feminism. It has been mentioned that political action will be dynamized rather than compromised by a more alive observation of economic organizations and activities. The author has suggested that feminist social theorists across the disciplines must join the several feminist economists who are dropping the negative one-size-fits-all prescription of protection from markets. It is essential to have more positive results in the complex contemporary economies.

The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter

All Faculty Scholarship

No abstract provided.

Natural-Law Judaism?: The Genesis Of Bioethics In Hans Jonas, Leo Strauss And Leon Kass, Lawrence A. Vogel

Philosophy Faculty Publications

Leon Kass is much misunderstood. He is not simply a Republican ideologue who tailored his ideas to break out of the ivory tower and into the halls of power. Nor does he look simply to use human nature as a moral guide. When the full range of his writings is considered and set in the tradition of his teachers, Hans Jonas and Leo Strauss, what emerges is a natural law position colored by religious revelation.

Applying A Business Model To The University, John Neill

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Cultural Contradictions And Ethical Dilemmas In The Corporate-Styled University, Eric Gould

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University

Epilogue: Universities And Corporations, Robert Kauffman

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Media Ethics: The Powerful And The Powerless, Elaine E. Englehardt

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.

From Reproduction To Reproducibility: Creativity And Technics In Benjamin And Arendt, Graham Macphee

English Faculty Publications

No abstract provided.

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …

Recent Developments In International Education At Wmu, Ronald Davis

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Universities And Corporations: A Selection Of Papers Presented At Tire Western Michigan University Emeriti Council Forum, Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

A selection of papers presented at the WMU Emeriti Council Forum.

The Entrepreneurial University: Rewards & Risks, Samuel M. Hines Jr.

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

The College Of Engineering And Applied Sciences & The Btr-A Partnership With Purpose, Michael B. Atkins, Kurt Hayden

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

The Commodification Of International Education, Howard Dooley

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Introduction: The Entrepreneurial University, Joseph Ellin

Center for the Study of Ethics in Society Papers

Published by the Center of the Study of Ethics in Society Western Michigan University.

Rethinking The Iraq War, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

The reasonable possibility of the situation getting worse [in Iraq] rather than better should have given humanitarian advocates for war, like myself, greater pause. For me at that time, this humanitarian motive bolstered what was weak in the weapons argument, and vice versa. But now I realize that a partial case for war because of the weapons risk and a partial case for war under humanitarian reasons don't add up to an air-tight case for just war. Each of the causes proffered has to be reasonable with little doubt-something like 90 to 95 percent certain-and they can't be undermined by …

Affinities In The Socio-Political Thought Of Rorty And Levinas, Eduard Jordaan

Research Collection School of Social Sciences

This article considers the affinities in the socio-political thought of Emmanuel Levinas and Richard Rorty. The writings of both display considerable concern for the suffering of others. Both authors note the importance of a self-critical subject becoming more aware of its own injustice as very important for recognizing our responsibilities to others. Furthermore, both stress the importance of recognizing the other outside of the usual, objectifying categories, since it is the uniqueness of the other that reminds us of our responsibility for the other. Both writers view the liberal state as the best political forum in which to realize a …

Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz

All Faculty Scholarship

Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …

Occupational Safety And Paternalism: Machan Revisited, Earl W. Spurgin

Philosophy

In 1987, Machan provided a libertarian case against the right to occupational safety. Since before Machan’s essay appeared, many business ethicists and legal scholars have given considerable attention to the overall position Machan endorses: the acceptance of employment at will and the rejection of employee rights. No one yet has given adequate attention, however, to the fact that Machan’s argument against the right to occupational safety actually stands or falls independently of his overall position on employee rights. His argument ultimately rests on two values: the promotion of employee interests and anti-paternalism. Insofar as those who support the right to …

The Left And Humanitarian Intervention, Harry Van Der Linden

Scholarship and Professional Work - LAS

Although the author concedes that much criticism from the left alleging ulterior imperialist motives of missions for “humanitarian intervention” is valid; nevertheless, the author argues that it would be wrong to rule out the concept of humanitarian intervention, even when conducted by imperialist powers for imperialist motives. The concept of “rescue” remains a valid humanitarian concept, and a logical foundation for solidarity with populations who find themselves under assault and defenseless. The author considers various regulative principles that may guide more careful thinking about humanitarian intervention.

Historical Perspectives On Attitudes Concerning Death And Dying, David San Filippo Ph.D.

Faculty Publications

Beliefs and practices concerning death have changed throughout human history. In pre-modern times, death at a young age was common due to living conditions and medical practices. As medical science has advanced and helped humans live longer, attitudes and responses to death also have changed. In modern Western societies, death is often ignored or feared. Changes in lifestyles and improved medical science have depersonalized death and made it an encroachment on life instead of part of life. This has left many people ill equipped to deal with death when it touches their lives.

Perspectives On The Fears Of Death & Dying, David San Filippo Ph.D.

Faculty Publications

This E-Book will examine some perspectives on fear, the fears of death, and constructs used to overcome or deal with the fears of death. By examining the literature on fear in general, a framework can be developed to understand how individuals become fearful. In the section, “Fears of Death,” what people fear about death and why they fear it will be discussed.

Designer Babies: Choosing Our Children's Genes, Bonnie Steinbock

Philosophy Faculty Scholarship

The phrase “designer babies” refers to genetic interventions into pre-implantation embryos in the attempt to influence the traits the resulting children will have. At present, this is not possible, but many people are horrified by the mere thought that parents might want to choose their children’s genes, especially for non-disease traits. I want to argue that the objections are usually not well articulated, and that even when they are, it’s far from obvious that such interventions would be wrong.