Ethics and Political Philosophy Commons^™

Pierre Bayle's Philosophical Commentary On The Words Of Jesus Christ: Compel Them To Come In, John Kilcullen, Chandran Kukathas

Research Collection School of Social Sciences

In this defence of religious toleration, Bayle discusses the words attributed to Jesus Christ in Luke 14:23, “And the Lord said unto the servant, Go out into the highways and hedges, and compel them to come in, that my house may be full.” Bayle contends that the word compel cannot mean “force.” From this perspective, he constructs his doctrine of toleration based on the singular importance of conscience. Bayle argues that if the orthodox have the right and duty to persecute, then every sect will persecute since every sect considers itself orthodox. The result will be mutual slaughter, something God …

The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Justification Defenses In Situations Of Unavoidable Uncertainty: A Reply To Professor Ferzan, Paul H. Robinson

All Faculty Scholarship

The objective (or "deeds") theory of justification has been attacked on the ground that one can never know for sure whether the circumstances for justification actually exist. One can only speculate as to whether the conditions exist. This is true not only for the actor at the time of the conduct for which a justification is sought but can also be true for the adjudicator after all available evidence has been gathered. The attack contains a useful insight about the nature of justifying circumstances: they necessarily contain some degree of unavoidable uncertainty. But it does not follow from this insight …

The Challenge Of Ethical Political Leadership, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

Without a solid ethical foundation to state governance, the process of developing and implementing sound public policy is weakened. In addition to the crisis of public confidence, which may turn voters away from politics in disgust, political scandals undermine the quality of the policymaking process.

Connecticut needs watertight laws, vigorous oversight, independent voices, and an electoral process that does not pervert the information voters receive. The responsibility of citizens includes not only voting their consciences but pressing their representatives to put the electoral process and policymaking on a cleaner, more transparent foundation.

Economic Migration And Justice, Harry Van Der Linden

Scholarship and Professional Work - LAS

Our main thesis is that the U.S. has a duty of justice to adopt an open border policy with regard to economic migrants because it is significantly responsible for the unjust social and economic conditions that bring such migrants to its borders. From this perspective, President Bush’s recent “guest worker” proposal is morally objectionable because it is designed more to serve U.S. business interests than the interests of the migrants. We address three objections to opening borders: it will worsen the economic condition especially of low-skilled native workers; it will harm developing countries by increasing the so-called “brain drain”; and …

Law, Ethics And Mystery, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson

All Faculty Scholarship

We distinguish our form of government and our legal system from others by our commitment to the rule of law. In the criminal law, in particular, this commitment is aggressively enforced through a series of doctrines that taken together demand a prior legislative enactment of a prohibition expressed with precision and clarity, traditionally bannered as the legality principle. But it is argued in this article that the traditional legality principle analysis conflates two distinct issues: one relating to the ex ante need for fair notice, the other to the ex post concern for fair adjudication. There are in fact two …

Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi

All Faculty Scholarship

Functional law and economics, which draws its influence from the public choice school of economic thought, stands in stark contrast to both the Chicago and Yale schools of law and economics. While the Chicago school emphasizes the inherent efficiency of legal rules, and the Yale school views law as a solution to market failure and distributional inequality, functional law and economics recognizes the possibility for both market and legal failure. That is, while there are economic forces that lead to failures in the market, there are also structural forces that limit the law’s ability to remedy those failures on an …

Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

All Faculty Scholarship

The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …

The Protestant Revolutions And Western Law, William Ewald

All Faculty Scholarship

No abstract provided.

The Non-Modularity Of Moral Knowledge: Implications For The Universality Of Human Rights, Theresa Tobin

Philosophy Faculty Research and Publications

Many contemporary human rights theorists argue that we can establish the normative universality of human rights despite extensive cultural and moral diversity by appealing to the notion of overlapping consensus. In this paper I argue that proposals to ground the universality of human rights in overlapping consensus on the list of rights are unsuccessful. I consider an example from Islamic comprehensive doctrine in order to demonstrate that apparent consensus on the list of rights may not in fact constitute meaningful agreement and may not be sufficient to ground the universality of human rights. I conclude with some general suggestions for …

Homogeneity And Free Speech In Utah, David Keller

David R. Keller

No abstract provided.

Knowledge Of The Self-Revealing God In The Thought Of Thomas Forsyth Torrance, John Morrison

John D. Morrison

No abstract provided.

The Sheed & Ward Anthology Of Catholic Philosophy, Edited By James C. Swindal And Harry J. Gensler, Harry Gensler, S.J.

Harry J. Gensler, S.J.

The Sheed & Ward Anthology of Catholic Philosophy is a thorough introduction to the evolution of Catholic philosophy from Biblical times to the present day. The first comprehensive collection of readings from Catholic philosophers, this volume aims to sharpen the understanding of Catholic philosophy by grouping together the best examples of this tradition, both well-known classics and lesser-known selections. The readings emphasize themes integral to the Catholic tradition such as the harmony of faith and reason, the existence and nature of God, the nature of the human person and the nature of being, and the objectivity of the moral law. …

Towards Authenticity: Taking A Sartrean Perspective On Business Ethics, Kevin Jackson

kjackson@fordham.edu

No abstract provided.

Review Of John Makeham: New Confucianism - A Critical Examination, Stephen C. Angle

Stephen C. Angle

Decent Democratic Centralism, Stephen C. Angle

Stephen C. Angle

Sagely Ease And Moral Perception, Stephen C. Angle

Stephen C. Angle

Concepts, Communication And Relevance Of Philosophy To Human Rights: A Reply To Peerenboom, Stephen C. Angle

Stephen C. Angle

What You Should Know To Survive In Knowledge Societies. On A Semiotic Understanding Of 'Knowledge', Michael H.G. Hoffmann

Michael H.G. Hoffmann

Different situations - like school and workplace - demand different forms of knowledge. Even more important, in particular for lifelong learning, are forms of knowledge we need for managing movements between those situations. To develop a better understanding of how to 'navigate' knowledge boundaries, this paper analyzes, firstly, interviews with scientists interpreting familiar and unfamiliar graphs. Our goal is to identify those forms of knowledge that should receive special attention in education. Secondly, the article elaborates - based on Peirce's semiotic - an epistemologically reflected semiotic model to describe the role and conditions of knowledge.

Must We Choose Our Leaders? Human Rights And Political Participation In China, Stephen C. Angle

Stephen C. Angle

Tradition, Tech, And Transformation: Information Technologies And The Intellectual Property Of Indigenous Peoples, Sam Grey

Sam Grey

Changes brought about by the globalization of laws and markets, and the geometric expansion of technological innovation, make intellectual property issues nebulous and mercurial, to the point that keeping pace with changes in the field is a full-time pursuit requiring a high degree of skill and dedication. For nations-within-nations, as is the status of most Native groups worldwide, intellectual property presents a particularly difficult legal and political problem, as indeed intellectual property rights (IPR) regimes challenge the sovereignty of even the strongest and most 'modern' of nation-states. Authorities on the protection of traditional knowledge (TK), resources, and cultural expressions assert …

Tattoos On Our Digital Skin: Anonymity, Privacy, And Accountability In Cyberspace, Sam Grey

Sam Grey

While it may be oddly flattering that Chapters, Amazon or HMV knew you would like the new Johnny Cash compilation album, you may be less than thrilled to discover that they also knew about your prescription drug addiction, your crabs, your bankruptcy, or your having skipped out on the rent one month back in 1993. When you add the possibility of your favourite e-retailer sharing your personal information- for a profit- to the frank probability of their having known it in the first place, what you initially found flattering may begin to appear more offensive and ominous. Simply put, there …

Review Of John Makeham: New Confucianism - A Critical Examination, Stephen C. Angle

Stephen C. Angle

Desideri: Fenomenologia Degenerativa E Strategie Di Controllo, In Mario Vegetti (A Cura Di), "Platone. La Repubblica", Napoli: Biblipolis, 2005, Vol. Vi, Pp. 471-498., Marco Solinas

Marco Solinas

No abstract provided.