Philosophy Commons^™

Uri And Its Students: A Contract For The Provision Of A Safe Environment, Danielle Joan Beatrice

Senior Honors Projects

DANIELLE BEATRICE (English; Philosophy; Business) URI and Its Students: A Contract for the Provision of a Safe Environment

Sponsor: Judith Swift (Communication Studies, Coastal Institute)

When students begin to attend college, they expect to be consumed with busy schedules, heavy workloads, and an exciting social life. Students do not anticipate being in dangerous situations. However, this does not mean that such situations do not occur. Therefore, it is essential to teach students to be active participants in educating themselves and their peers regarding prevention and response to emergency situations. My Honors Project aims to increase the awareness of safety-related issues …

Nonconsequentialist Precaution, Christopher Morgan-Knapp

Philosophy Faculty Scholarship

How cautious should regulators be? A standard answer is consequentialist: regulators should be just cautious enough to maximize expected social value. This paper charts the prospects of a nonconsequentialist - and more precautionary - alternative. More specifically, it argues that a contractualism focused on ex ante consent can motivate the following regulatory criterion: regulators should permit a socially beneficial risky activity only if no one can be expected to be made worse off by it. Broadly speaking, there are two strategies regulators can use to help risky activities satisfy this criterion: regulators can mandate strict safety standards that protect those …

Special Obligations: The Structural Risks Of Friendship, Anna B. Myavec

Student Publications

Friendship is often conceived of as a freely chosen intrinsic good, yet friendship gives rise to special obligations that can act against ethical regard for others. Philosophers who recognize the significance of special obligations, such as Diane Jeske in Rationality and Moral Theory: How Intimacy Creates Reason, argue that special obligations are an undeniable feature of friendship and give rise to conflicts between friends and others to whom one has responsibilities. I argue that friendship can pose insoluble problems of special obligation, not just because obligations to friends can conflict with other obligations we have, but because friendship can challenge …

Risking Aggression, Matt Beard

Philosophy Conference Papers

Generally speaking, just war theory (JWT) holds that there are two just causes for war: self-defence and ‘other-defence’, the most common type of which is popularly known as ‘humanitarian intervention’. There is however some debate as to whether these serve equally as just causes for preventive war. Whilst this debate is ongoing, those theorists who claim to subscribe to JWT tend to be unified in treating preventive war with a healthy dose of suspicion. Those who oppose preventive war tend to do so on the basis that it fails to fit popular criteria for jus ad bello; particularly, the …

Rights-Based Theories Of Accident Law, Gregory J. Hall

All Faculty Scholarship

This article shows that extant rights-based theories of accident law contain a gaping hole. They inadequately address the following question: What justifies using community standards to assign accident costs in tort law?

In the United States, the jury determines negligence for accidental harm by asking whether the defendant met the objective reasonable person standard. However, what determines the content of the reasonable person standard is enigmatic. Some tort theorists say that the content is filled out by juries using cost benefit analysis while others say that juries apply community norms and conventions. I demonstrate that what is missing from this …

Managing Moral Risk: The Case Of Contract, Aditi Bagchi

All Faculty Scholarship

The concept of moral luck describes how the moral character of our actions seems to depend on factors outside our control. Implications of moral luck have been extensively explored in criminal law and tort law, but there is no literature on moral luck in contract law. I show that contract is an especially illuminating domain for the study of moral luck because it highlights that moral luck is not just a dark cloud over morality and the law to bemoan or ignore. We anticipate moral luck, i.e., we manage our moral risk, when we take into account the possibility that …

Investigating The Environmental Risks Of Transgenic Crops, Hugh Lacey

Philosophy Faculty Works

Legitimation of public policies that support the widespread plantings of transgenic crops presuppose, among other conditions, that (1) evidence supports that there are no unmanageable environmental risks and (2) there are no better ways to produce enough nourishing food that can dispense with the transgenics-oriented ways. This paper discusses: (a) the kinds of scientific inquiry that are needed to address (1) adequately, (b) the connections between investigations of (1) and (2), and (c) how these investigations are related with controversial social values.
A legitimação de políticas públicas que apóiam o cultivo de lavouras transgênicas em larga escala pressupõe, entre outras …

The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler

All Faculty Scholarship

Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.

On The Genealogy Of Moral Hazard, Tom Baker

All Faculty Scholarship

No abstract provided.

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.