Arts and Humanities Commons^™

In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from (or is a facet of) a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail …

Democratic Rights And The Choice Of Economic Systems, Jeppe Von Platz

Philosophy Faculty Publications

Holt argues that Rawls’s first principle of justice requires democratic control of the economy and that property owning democracy fails to satisfy this requirement; only liberal socialism is fully democratic. However, the notion of democratic control is ambiguous,and Holt has to choose between the weaker notion of democratic control that Rawls is committed to and the stronger notion that property owning democracy fails to satisfy. It may be that there is a tension between capitalism and democracy, so that only liberal socialism can be fully democratic, but if so, we should reject, rather than argue from, the theory of democracy …

The Veil Of Ignorance In Rawlsian Theory, Jeppe Von Platz

Philosophy Faculty Publications

As part of his effort to answer the question "What is the best conception of justice for a democratic society?" philosopher John Rawls constructed a thought experience called the original position. In the original position, representativs of members of society choose principles of justice for society in light of limited interests and with limited information. Situated behind the veil of ignorance, the parties in the original position have no knowledge about particular facts that could lead them to prefer principles of justice partial to those they represent. The veil of ignorance is thus an important part of Rawls's argument …

Sources In Legal Positivist Theories, David Lefkowitz

Philosophy Faculty Publications

The debate about positivism in general legal theory or in the international legal scholarship manifests so many different, if not conflicting, meanings of positivism—even among legal positivists themselves—that the debate about legal positivism has proved almost unfathomable and unintelligible.

No other approach to theorizing international law is more closely associated with and dependent upon the development of an account of its sources than is positivism. The explanation for this is a simple and familiar one: if there is any thesis regarding (p. 324) law that we can uncontroversially associate with the label ‘legal positivism’, it is the view that a …

The Morality Of Corporate Persons, Ladelle Mcwhorter

Women, Gender and Sexuality Studies Faculty Publications

This essay provides a genealogy of corporate personhood as it exists currently in US law and places moral personhood in a similar genealogical context. This treatment demonstrates that the two are inextricably intertwined in both conception and institutionalized practices. We would do well to dismantle both; meanwhile, however, corporate personhood's implicit illiberal notion of collective mentality and responsibility may suggest possibilities for establishing collective counterforces to oppose activities of transnational for-profit corporations and mitigate their devastating political, economic, and environmental effects upon actual people and the ecosystems upon which we depend.

What Makes A Social Order Primitive? In Defense Of Hart’S Take On International Law, David Lefkowitz

Philosophy Faculty Publications

The widespread antipathy to Hart's description of international law as a simple or primitive social order, one that lacks a rule of recognition and therefore does not qualify as a legal system, rests on two misunderstandings. First, the absence of a division of labor in identifying, altering, applying, and enforcing law is as much, if not more, central to Hart's understanding of what makes a society primitive as is the absence of any secondary rules at all. Second, it is primarily in terms of the presence of such a division of labor and the implications it has for the ontology …

The Ethics Of Environmentalism For The Individual Consumer, Molly Collins

Honors Theses

Climate change harms the well-being of humans. It is the poor choices of individual consumers that contribute to climate change. I argue that it is immoral to cause harm to others, thus climate change is an ethical dilemma for individual consumers. I begin with a pluralistic discussion of harm, before discussing the duties of individuals to make choices that will mitigate the current harms of climate change and the wrong moral assumptions that individuals make regarding their contribution to climate change. I discuss the principles of ethical consumerism, specifically in housing, food, and transportation. Lastly, I argue that climate change …

The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

The conduct of international affairs is subject to three kinds of normative standards. The first of these is prudence or rational self-interest, and its most common manifestation in international affairs involves reference to a state's national interest as a basis for defending or critiquing its international conduct. Justice provides a second metric for assessing the international conduct of states, and sometimes other actors, and a set of normative concepts including freedom, equality and fairness with which to argue for or against particular acts or policies. Law, including both international law and the foreign law of particular states, provides the third …

Should The Law Convict Those Who Act From Conviction? Reflections On A Demands-Of-Conscience Criminal Defense, David Lefkowitz

Philosophy Faculty Publications

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful …

Ethical Decision Making And Leadership: Merging Social Role And Self-Construal Perspectives, Crystal L. Hoyt, Terry L. Price

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

This research extends our understanding of ethical decision making on the part of leaders by merging social role and self-construal perspectives. Interdependent self-construal is generally seen as enhancing concern for justice and moral values. Across two studies we tested the prediction that non-leading group members’ interdependent self-construal would be associated with lower levels of unethical decision making on behalf of their group but that, in contrast, this relationship would be weaker for leaders, given their social role. These predictions were experimentally tested by assigning participants to the role of leader or non-leading group member and assessing the association between their …

Autonomy, Residence, And Return, David Lefkowitz

Philosophy Faculty Publications

This article argues that those unjustly displaced from a particular territory T cannot involuntarily lose their rights to reside there, or, as a consequence, their rights of return to it, even if they develop territorially grounded conceptions of the good where they now reside. The contrary position fails to accord the unjustly displaced the respect due to them in virtue of their personal autonomy. Facts commonly alleged to justify the supersession of rights of return to T only provide evidence that the unjustly displaced have abandoned their rights to reside there, or would do so if given a just opportunity …

Blame And The Criminal Law, David Lefkowitz

Philosophy Faculty Publications

Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, and in doing so defend the retributivists’ presumption. First, I argue that the purpose of a criminal trial can be …

Giving Up On Moral Truth Shall Set You Free: Walzer On Relativism, Criticism, And Toleration, David Lefkowitz

Philosophy Faculty Publications

Morality, Michael Walzer contends, is plural, subjective, and concrete, a multitude of moralities or moral ways of life created over time by the members of distinct historically situated communities. This entails that we must abandon the familiar notion of moral truth, according to which at least some claims of the form ‘it is wrong to ϕ’ are true in virtue of their tracking or reflecting objective and universal moral principles binding on all moral agents as such. Many of Walzer’s critics take this implication to constitute a reductio ad absurdum refutation of Walzer’s relativist meta-ethics. But what precisely do we …

Political Obligation, Richard Dagger, David Lefkowitz

Political Science Faculty Publications

This essay begins, therefore, with a brief history of the problem of political obligation. It then turns, in Part II, to the conceptual questions raised by political obligation, such as what it means for an obligation to be political. In Part III the focus is on the skeptics, with particular attention to the self-proclaimed philosophical anarchists, who deny that political obligations exist yet do not want to abolish the state. Part IV surveys the leading contenders among the various theories of political obligation now on offer, and Part V concludes the essay with a brief consideration of recent proposals for …

Maker's Breath: Religion, Magic, And The 'Godless' World Of Bioware's Dragon Age Ii (2011), Kristin M.S. Bezio

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

The core conflict of BioWare’s 2011 digital role-playing game Dragon Age II places the Christianesque Chantry in opposition to both the hierarchical Qunari and the Circle of Magi. In Dragon Age II religious beliefs, particularly those of the Chantry, prove destructive; by demonstrating the chaos of religious conflict, the game guides the player to recognize the danger inherent in extremist devotion to religion, and argues that interpersonal relationships should form the basis of our ethics. In Dragon Age II, the player-character, Hawke, is evaluated by each of his (or her) non-player companions; the mechanic forms the basis for a …

The Social Role Theory Of Unethical Leadership, Crystal L. Hoyt, Terry L. Price, Laura Poatsy

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

Challenging the standard reasoning regarding leaders’ ethical failures, we argue that a potent contributor to these failures is the social role expectations of leaders. We maintain that leaders’ central role expectation of goal achievement contributes to the over-valuing of group goals and greater moral permissibility of the means used to achieve these goals. In studies 1 and 2 we demonstrated that the role of leader, relative to group member, is associated with an increased appraisal of group goals which is predicted by the leaders’ role expectations and not driven by the psychological effects of power. Next, we experimentally demonstrated the …

Ethical Decision Making And Leadership: Merging Social Role And Self-Construal Perspectives, Crystal L. Hoyt, Terry L. Price

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

This research extends our understanding of ethical decision making on the part of leaders by merging social role and self-construal perspectives. Interdependent self-construal is generally seen as enhancing concern for justice and moral values. Across two studies we tested the prediction that non-leading group members’ interdependent self-construal would be associated with lower levels of unethical decision making on behalf of their group but that, in contrast, this relationship would be weaker for leaders, given their social role. These predictions were experimentally tested by assigning participants to the role of leader or non-leading group member and assessing the association between their …

Politics And Philosophy In Aristotle's Critique Of Plato's Laws, Kevin M. Cherry

Political Science Faculty Publications

Whether on matters of politics or physics, Aristotle's criticism of his predecessors is not generally considered a model of charitable interpretation. He seems to prefer, as Christopher Rowe puts it, "polemic over accuracy" (2003, 90). His criticism of the Laws is particularly puzzling: It is much shorter than his discussion of the Republic and raises primarily technical objections of questionable validity. Indeed, some well-known commentators have concluded the criticisms, as we have them in the Politics, were made of an earlier draft of the Laws and that Plato, in light of these criticisms, revised the final version. I hope …

Do Employers Have Obligations To Pay Their Workers A Living Wage?, Javier S. Hidalgo

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

Jeremy Snyder argues that employers have obligations to pay their workers a living wage if workers stand in relationships of dependence with their employers. I argue that Snyder’s argument for this conclusion faces a dilemma. Snyder can adopt either a descriptive or a moralized account of dependence. If Snyder adopts a descriptive account, then it is false that dependence activates obligations to pay a living wage. If Snyder endorses a moralized account of dependence, then Snyder’s argument is circular. So, Snyder’s argument fails to establish that employers have obligations to pay their workers a living wage.

Ethics And Critical Thinking, Jonathan B. Wight

Economics Faculty Publications

This chapter seeks to demonstrate that investigations in positive economics rely on ethical perspectives and practices, and further, that critical thinking requires a wider ethical viewpoint than normative economics generally permits. Positive economics generally relies, for example, on the unsung virtues of the investigator who demonstrates honesty and transparency in the search for truth. Ethical failures in this regard are not uncommon (DeMartino, 2011). But another unstated ethical perspective appears in the worldview from which a researcher sets out to model behavior. Modelers almost always assume that rationality requires that an economic actor undertake an action in pursuit of a …

[Introduction To] Property-Owning Democracy: Rawls And Beyond, Martin O'Neill, Thad Williamson

Bookshelf

Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy.

- Offers new and essential insights into Rawls's idea of "property-owning democracy"

- Addresses the proposed political and economic institutions and policies which Rawls's theory would require

- Considers radical alternatives to existing forms of capitalism

- Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the near future

[Introduction To] Plato, Aristotle, And The Purpose Of Politics, Kevin M. Cherry

Bookshelf

In this book, Kevin M. Cherry compares the views of Plato and Aristotle about the practice, study, and, above all, the purpose of politics. The first scholar to place Aristotle's Politics in sustained dialogue with Plato's Statesman, Cherry argues that Aristotle rejects the view of politics advanced by Plato's Eleatic Stranger, contrasting them on topics such as the proper categorization of regimes, the usefulness and limitations of the rule of law, and the proper understanding of phronēsis. The various differences between their respective political philosophies, however, reflect a more fundamental difference in how they view the relationship of …

Play Fair With Recidivists, Richard Dagger

Political Science Faculty Publications

Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of criminal …

Playing Fair With Prisoners, Richard Dagger

Political Science Faculty Publications

Oddness aside, however, I think there is much to recommend the attempt to restore rehabilitation to a central place in the practice of punishment. Nor do I think that rehabilitation must displace retribution in that practice. Properly understood, the two aims are not only compatible but also complementary. If we are to understand them properly, though, we shall need to see them as components of a theory of punishment that is grounded in considerations of fair play. Such a theory also has the advantage of offering guidance with regard to other controversial matters of penal policy, such as the question …

Ethics Effectiveness: The Nature Of Good Leadership, Joanne B. Ciulla

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

No abstract provided.

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, …

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 …

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, …