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The Principle Of Fairness And States’ Duty To Obey International Law, David Lefkowitz

Philosophy Faculty Publications

Philosophers and political theorists have developed a number of different justifications for the duty to obey domestic law. The possibility of using one (or more) of these justifications to demonstrate that states have a duty to obey international law seems a natural starting point for an analysis of international political obligation. Amongst the accounts of the duty to obey domestic law, one that appears to have a great deal of intuitive appeal, and that has attracted a significant number of philosophical defenders, is the principle of fairness (or fair play). In this paper, I examine the possibility of using the …

Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger

Political Science Faculty Publications

Jean Hampton’s work first came to my attention in 1984, when the summer issue of Philosophy & Public Affairs appeared in my mailbox. Hampton’s essay in that issue, “The Moral Education Theory of Punishment,” did not persuade me—or many others, I suspect—that “punishment should not be justified as a deserved evil, but rather as an attempt, by someone who cares, to improve a wayward person” (Hampton 1984, 237). The essay did persuade me, though, that moral education is a plausible aim of punishment, even if it is not the “full and complete justification” Hampton claimed it to be (Hampton 1984, …

The Pragmatic Picturesque: The Philosophy Of Central Park, Gary Shapiro

Philosophy Faculty Publications

New York's Central Park is one of the world's iconic works of landscape architecture. The park has achieved global recognition through its representations in film and photography, it is visited by millions every year and every sunny day sees a procession of engaged or newly married couples having their official photographs taken against the background of its picturesque scenery and monumental structures.

In the twenty-first century it may sound slightly odd to consider Central Park as a form of gardening, but the eighteenth-century founders of modern aesthetics and the philosophy of art would have called it a garden or park. …

Leadership Ethics, Joanne B. Ciulla, Donelson R. Forsyth

Jepson School of Leadership Studies articles, book chapters and other publications

A CEO bankrupts the company he is supposed to be leading. A retiree donates thousands of hours to her community. A company's leadership decides not to relocate a factory overseas, for the sake of the residents of an economically challenged town. A president of a club on a college campus encourages members to cheat on their examinations so that the group's members can earn academic honors. An elected public official arranges a tryst with a lover and abandons his duties for days on end.

These behaviors raise questions about motivation, rationality, and intent, but with a difference; these actions cannot …

The Sounds Of Zhèngmíng: Setting Names Straight In Early Chinese Texts, Jane Geaney

Religious Studies Faculty Publications

In early Chinese texts, straightness often indicates correctness, hence many things are said to be zhèng 正.¹ But among them, only zhèngmíng 正名 emerged as a rhetorical slogan promising the production of order and elimination of human confusion and fakeness.² In scholarship on Chinese ethics, the slogan is usually understood as working toward these goals by making behavior accord with names or by making “names” (norms or social roles) accord with behavior. By contrast, on the assumption that uses of the term “míng” (name/title/fame) involved what something is called or what is …

Book Review Panel: When Souls Had Wings: Pre-Mortal Existence In Western Thought, Terryl Givens, James L. Siebach, Dana M. Pike, Jesse D. Hurlbut, David B. Paxman

English Faculty Publications

On October 13, 2011, BYU Studies sponsored a program reviewing Terryl Givens’s important Oxford book on the idea of the premortal existence of souls in various lines of Western philosophy and religion. Because this first volume of its kind covers literature from so many different civilizations, the editors of BYU Studies saw no way to do this book justice without involving a panel of reviewers from several disciplines. After portions of Robert Fuller’s forthcoming review in Church History were read, the program proceeded with reviews, responses, and open discussion.

Review Of Timothy O'Leary And Christopher Falzon's (Eds.) Foucault And Philosophy, Ladelle Mcwhorter

Philosophy Faculty Publications

"Philosopher" was a label that Michel Foucault sometimes resisted, especially in the earlier decades of his career, but Timothy O'Leary and Christopher Falzon have assembled an excellent anthology of articles demonstrating Foucault's engagement with and contributions to contemporary philosophical practice throughout his life's work. The book examines and situates Foucault's work in relation to several major strands of philosophical tradition. It consists of an introduction and one paper each by the editors and an additional nine papers by well-known Foucault scholars including Gary Gutting, Jana Sawicki, Amy Allen, and Paul Patton, among others. There is no lack of interpretive disagreement …

Decapitating Power, Ladelle Mcwhorter

Philosophy Faculty Publications

In “Society Must Be Defended” Foucault examines 17th century race war discourse not so much in order to understand 20th century racism or concepts of race but primarily because it constitutes an historical example of an attempt to think power without a head or king. This essay examines his account of race war discourse and the sources he used to construct it. It then takes issue with his claim that early race war discourse can be separated from 18th and 19th century racisms. Finally, it returns to the question of power and argues that the effect of the 1976 lecture …

Republicanism, Richard Dagger

Political Science Faculty Publications

Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

Republicanism And The Foundations Of Criminal Law, Richard Dagger

Political Science Faculty Publications

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …

Handmaiden And Queen: What Philosophers Find In The Question: "What Is A Leader?", Joanne B. Ciulla

Jepson School of Leadership Studies articles, book chapters and other publications

The word “philosophy” was born when the Greek philosopher and mathematician Pythagoras of Samos (572-497 BC) was asked if he thought he was a wise man. He answered no, he was merely a lover of wisdom – a phileo sophia. The philosophers who came after him were not as humble. Since philosophy was the study of just about everything, they dubbed it the “queen of the sciences”. Philosophy reigned supreme until Christian times when the theologian Clement of Alexandria (150–215?AD) demoted philosophy from the “queen” of the sciences to the “handmaid of theology”. The Enlightenment philosopher John Locke (1632–1704) also …

Will You Survive A Trip To Rekall, Inc.?, G. C. Goddu

Philosophy Faculty Publications

What would you do for ninety-two million dollars? In the movie Paycheck (based on the Philip K. Dick story of the same name), Michael Jennings agrees to give up three full years of his life-kind of. He loses three years of his mental life. To ensure confidentiality for his current client, the Rethrick Corporation, Jennings agrees to have all his memories of the three years he will work for the company removed. In return, Jennings will receive a large quantity of company stock options worth approximately $92 million. A good deal? Maybe, but I suspect most of us would be …

Responsible Believing, Miriam S. Mccormick

Philosophy Faculty Publications

In most of our decisions as parents or educators concerning how we should talk to children about difficult subjects, the question turns to what degree we should withhold the truth, how much information we should provide, or what details are appropriate. We, as adults, know the answer to the child's question, and the difficulty arises in figuring out what to convey and how. Questions about death and the afterlife are not like this. We - and by "we;' I mean especially educated adults of the Western world - are often as confused about what we should believe about these matters …

Is ‘Argument’ Subject To The Product/Process Ambiguity?, G. C. Goddu

Philosophy Faculty Publications

The product/process distinction with regards to “argument” has a longstanding history and foundational role in argumentation theory. I shall argue that, regardless of one’s chosen ontology of arguments, arguments are not the product of some process of arguing. Hence, appeal to the distinction is distorting the very organizational foundations of argumentation theory and should be abandoned

On A Duty Of Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

Perhaps the most discussed topic amongst just war theorists during the 1990s was the moral (and legal) justifiability of armed humanitarian interventions. Not surprisingly, that changed after the 9/11 terrorists attacks and the invasions of Afghanistan and Iraq, with topics such as the morality of terrorism, torture, and preventive war receiving the lion's share of attention. Nevertheless, for reasons both good, such as the International Commission on Intervention and State Sovereignty's endorsement of a limited duty of intervention in its report, The Responsibility to Protect, and bad, such as the conflict in Darfur, the morality of humanitarian intervention remains …