Arts and Humanities Commons^™

Viii—Gambling On Others And Relying On Others, Nicolas Cornell

Articles

Gambling on another person and relying on another person are similar but intuitively distinct phenomena. This paper argues that gambling is distinguished by the stance that it necessarily involves towards the bet-upon conduct. It then contends that, where one has gambled upon the conduct of another, one has no standing to complain against that person for losses that result. This small point may have significant implications for how we think about speculative economic losses.

Commonsense Consent, Roseanna Sommers

Articles

Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This Article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenariosspanning numerous contexts in which …

International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel

Articles

International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …

Hatred, William I. Miller

Book Chapters

Hatred, the noun, and to hate, the verb, do not completely coincide in their semantic ranges. Hatred carries with it more intensity and greater seriousness than many of our most common uses of the verb. Hatred is unlikely to apply aptly to one’s feelings about broccoli, though it would be perfectly normal to register one’s aversion to it by saying ‘I hate broccoli’. In daily speech, hate can be used to indicate a fairly strong but not very serious aversion to a film, novel, or food, all the way to desiring, with varying seriousness, the extermination of an entire people. …

Deceit In War And Trade, William I. Miller

Book Chapters

This chapter offers “a genealogy on deceit in war and trade”. It starts with deceit in Ovid and the Old Testament and works its way all the way up to the present day, considering the deceptions of such famous tricksters as Odysseus, David, the Vikings, Machiavelli, William the Conqueror, even Montaigne. It then considers the practices of some famous deceivers in contemporary business culture, such as Bernie Ebbers, Dennis Koslowski, and Kenneth Lay.

Ennobling Direct Democracy, Sherman J. Clark

Articles

In this essay, Professor Clark argues that we should be attentive to the effect that direct democracy might have on our public character. Building upon earlier work, Clark suggests that the initiative in particular threatens to debase us by undercutting a crucial character trait which might best be called "responsibility-taking." The bulk of this essay is devoted to explaining what this means, and why it matters. Why should we care about the effect of political processes on public character? Why is this particular trait important and worth preserving? How is it threatened by direct democracy? In conclusion, and by way …

Conversion Of One’S Systems Of Beliefs; Godparents, Ethical Responsibilities Of., Howard Bromberg

Book Chapters

Contributions by Howard J. Bromberg to Ethics, Revised Edition

Why Am I My Brother's Keeper?, Donald H. Regan

Book Chapters

I want to cast doubt on a proposition which many people would regard as the first axiom of moral theory. Joseph Raz has stated the proposition thus: 'Morality is ... concerned with the advancement of the well-being of individuals.' Actually, Raz includes a qualifier-the full quote says that morality 'is thought to be concerned with' advancing the well-being of individuals. But the whole tenor of his ensuing discussion suggests that Raz generally shares this view of what morality is about.

As I say, I want to cast doubt on this axiom, but I shall not take issue with any particular …

Review Of Alchemies Of The Mind: Rationality And The Emotions, William Miller

Reviews

Suppose that 16 years ago you had written not one but two superlative books. Would you suffer from anxiety of influence with regard to early versions of yourself, as if, to twist Harold Bloom, your early self now played an insurmountably glorious Milton to your later romantic phases? Did Shakespeare say to himself: ‘No way I can beat Hamlet, so why write again?’ Jon Elster wrote two gems in the 1970s and 1980s, Ulysses and the Sirens and Sour Grapes. Not that they have deterred him from publishing at a stupendous rate since, though he has never recaptured that earlier …

Perceiving Imperceptible Harms (With Other Thoughts On Transitivity, Cumulative Effects, And Consequentialism), Donald H. Regan

Book Chapters

Many writers believe there can be cases which satisfy the following description: starting from an initial state of affairs, it is possible to make a series of changes, none of which alters the value of the state of affairs in any way, but such that the final state of affairs that results from the series of changes is worse than the initial state of affairs. I shall call the claim that there can be such cases the "ex nihilo" claim, since in a sense it asserts that the bad effects of the complete series of changes arise ex nihilo. Proponents …

Writing And Reading In Philosophy, Law, And Poetry, James Boyd White

Book Chapters

In this paper I will treat a very general question, the nature of writing and what can be achieved by it, pursuing it in the three distinct contexts provided by philosophy, law, and poetry.

My starting-point will be Plato's Phaedrus, where, in a wellknown passage, Socrates attacks writing itself: he says that true philosophy requires the living engagement of mind with mind of a kind that writing cannot attain. Yet this is obviously a paradox, for Socrates' position is articulated and recorded by Plato in writing. How then can we make sense of what Plato is saying and doing? What …

A Populist Critique Of Direct Democracy, Sherman J. Clark

Articles

It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …

Legal Theory And The Problem Of Definition, Philip E. Soper

Reviews

Natural Law and Natural Rights is a refreshingly direct book about some decidedly difficult matters. It is also a book that refuses to do homage to the complexity of its subject by limiting the topics covered. Here is virtually a mini-treatise in moral philosophy, with illuminating discussions on the whole range of human value and on a good part of the related range of metaethics, legal theory, political theory, and the problems of methodology in the descriptive social sciences.