Philosophy Commons^™

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 …

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 …

Decoding "Never Again", Sherry F. Colb

Cornell Law Faculty Publications

This article, Decoding “Never Again,” narrates its author’s experience as a child of two Holocaust survivors, one of whom participated in rescuing thousands of his fellow Jews during the war. Colb meditates on this legacy and concludes that her understanding of it has played an important role in inspiring her scholarship about (and ethical commitment to) animal rights. She examines and analyzes the ways in which analogies between the Holocaust and anything else can trigger people’s anger and offense, and she then draws a distinction between occasions when offense is an appropriate response to such analogies and when it need …

Antitrust, Competition Policy, And Inequality, Jonathan B. Baker, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

Economic inequality recently has entered the political discourse in a highly visible way. This political impact is not a surprise. As the U.S. economy has begun to recover from the Great Recession since mid-2009, economic growth has effectively been appropriated by those already well off, leaving the median household less well off. The serious economic, political and moral issues raised by inequality can be addressed through a panoply of public policies including competition policy, the focus of this article. The article describes the channels through which market power contributes to inequality, and sets forth a range of possible antitrust policy …

Intellectual Property, Asian Philosophy And The Yin-Yang School, Peter K. Yu

Faculty Scholarship

As an introduction to a special issue on intellectual property philosophy, this article focuses on insights from Asian thought. Such a focus is needed not only to provide balance within this special issue, which includes articles focusing primarily on Western philosophy, but also to highlight the compatibility between Asian philosophy and the notion of intellectual property rights. More importantly, this article aims to demonstrate that Asian philosophy may suggest new ways to address the ongoing and highly complex intellectual property challenges confronting emerging economies and the digital environment.

This article begins by providing a brief discussion of the many different …

Prediction Theories Of Law And The Internal Point Of View, Michael S. Green

San Diego Law Review

In my remarks here, I will try to defend Claus’s iconoclastic tone by identifying the important difference between prediction theories of law and Hart’s. I start with a number of distinctions. By a prediction theory of law I mean a theory under which a statement about the law, such as “The Securities Exchange Act is valid law,” is a prediction of the behavior and attitudes of people in a community. In addition to offering this theory, Claus tacks on what I will call a prediction theory of lawmaking, under which the words uttered or written by lawmakers are themselves essentially …

Law’S Evolution And Human Understanding, Laurence Claus

San Diego Law Review

What a privilege and delight it was to welcome the participants to this conference. I am deeply grateful to the outside commentators, Bill Edmundson, John Finnis, Michael Steven Green, Mark Greenberg, Fred Schauer, and Larry Solum, for contributing so generously. My thanks also go to the many faculty colleagues who joined in the celebration, and particularly to Larry Alexander for convening the event and leading the proceedings, as he so often does, and does so well. This response to the insightful commentaries on Law’s Evolution and Human Understanding grows out of three propositions: law comes first, law is signals, law …

Law’S Evolution And Law As Custom, William A. Edmundson

San Diego Law Review

normative, and law works by channeling custom-in-gross into progressively finer and more precise grooves. If there is normative moral value resident in the custom of elevating and following leaders, then that normativity ought to flow downstream into the finer channels officials carve and into the fresh territory they wish us to occupy. In places, that flow is too diluted, and normativity trails off. In places, officials direct the stream over a cliff, and it is no longer normative at all. In places, the stream is overtaken by stronger normative streams and can only make a difference yet farther downslope, where …

Freedom, Benefit And Understanding: Reflections On Laurence Claus’S Critique Of Authority, John Finnis

San Diego Law Review

With wide-ranging and illuminating determination, Law’s Evolution and Human Understanding offers a refutation of the illusion of authority. No one, it rightly contends, has the right to be obeyed. Still less, as it correctly says, do any persons have the right that their say so be obeyed because they said so. Given the book’s stipulative definition of “authority,” these truths entail that authority is an illusion, and provide some important premises for a plausible further conclusion or pair of conclusions: it is harmful, both in practice and in theory, to say that some person or body has authority (“the rule …

Do People Obey The Law?, Frederick Schauer

San Diego Law Review

It is customary in a symposium honoring a book as valuable as Laurence Claus’s for the commentators to begin by noting their general agreement with the author’s thesis and then explaining that, in the spirit of academic engagement, they will focus on one small but interesting area in which the author and the commentator disagree. On this occasion, however, it seems more appropriate to reverse that approach. For reasons I will make clear, I am in substantial disagreement with Claus’s normative argument against authority. Unlike Claus, I believe that “because I said so” is often, especially when backed by the …

Anorexia/Bulimia, Transcendence, And The Potential Impact Of Romanticized/Sexualized Death Imagery, Heather D. Schild

Center for the Study of Ethics in Society Papers

Presented November 10, 2014. Papers presented for the Center for the Study of Ethics in Society Western Michigan University

Faut-Il Obéir À La Loi ? – Les Pensées Politiques Des Femmes Dans La Littérature Épistolaire Et Les Mémoires Choisis À L’Époque De La Révolution Française, Justyna Czader

Open Access Theses

L'écriture est un témoin qui est difficilement corrompu-Montesquieu, L'esprit des lois. Mémoires and lettres de prisons take us to places we haven't been: prisons in bloody revolutionary Paris and the deadly Place de la Concorde. Women with different social backgrounds fought for their rights denied officially by the revolutionary authorities. They fought back was through plays, mémoires or letters. According to Philippe Lejeune, since the 18th century autobiography has become a phenomenon of civilization. I argue that the lettres de prison present not only a form of epistolary communication, but also as many personal testimonies, recollections of events and emotions …

Everyone Knew He Did It, But He Was Not Condemned! Knowledge And Knowledge Attributions In Legal Contexts, Danny Marrero Avendano

Graduate Theses and Dissertations

Theorizing about knowledge attributions has revolved almost exclusively around the problem of skepticism and knowledge attributions in everyday conversations. Sutton (2007), however, points out that Epistemic Contextualism seems to settle another field: "[i]t is sometimes suggested that courtroom proceedings provide a context that shows the context-sensitivity of knowledge ascription truth-conditions" (p. 87). This dissertation is devoted to the evaluation of this contextualist suggestion (CS). Epistemic Contextualism claims that the correctness of knowledge attributions depends on the salience of error possibilities or the practical states of a knowledge attributor's context of utterance. I interpret CS implies that the context of utterance …

Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons

Faculty Scholarship

Our barely functioning Congress seems to embody the issues that this conference on constitutional dysfunction is meant to address. At this moment, however, congressional disarray may result less from institutional design than from our lasting heritage of white supremacy. Republican control of the House owes much to the party's Southern Strategy, which has exploited widespread dissatisfaction with the Democrats' official renunciation of racial stratification. That challenge to the American Way is exacerbated by the idea, outrageous to some, of a black President. That context has some bearing on this Symposium's topic of federalism. For, as Professor Larry Yackle reminds us, …

Akedah, The Holocaust, And The Limits Of The Law In Roth's "Eli, The Fanatic", Aimee L. Pozorski

CLCWeb: Comparative Literature and Culture

In her article "Akedah, the Holocaust, and the Limits of the Law in Roth's 'Eli, the Fanatic'" Aimee L. Pozorski argues that Philip Roth's 1957 short story dramatizes the tension between the law on the one hand and the philosophy of ethics, on the other hand with the story's protagonist ultimately choosing ethics as evidenced by his identification with a displaced Hasidic Jew near the story's end. In reading the story through the inter-textual references to the Genesis story of the Akedah, Pozorski discusses the limits of the law in the face of vulnerable children and within the context of …

Political Liberalism And The Fate Of Unreasonable People, Fuat Gursozlu

Touro Law Review

No abstract provided.

Closing The Loop: "The Promise And Threat Of The Sacred" In Rian Johnson’S Looper, Brian W. Nail

Journal of Religion & Film

This article examines the ways in which Rian Johnson’s recent film Looper (2012) portrays the complex relationship between violence and the sacred in contemporary society through its exploration of the theme of retribution. Utilizing René Girard’s theory of sacrifice and Roberto Esposito’s explication of the immunitary logic of the sacred, this study argues that the film reveals the double nature of the sacred as a source of both life and death within society. Through an examination of crucial elements of Looper’s plot and setting, and in particular its enigmatic climax, I argue that as a religious film, Looper challenges its …

Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.

Innocent Burdens, James Edwin Mahon

Washington and Lee Law Review

No abstract provided.

False Speech: Quagmire?, Christopher P. Guzelian

San Diego Law Review

Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …

Should Public Law Accommodate The Claims Of Conscience?, William A. Galston

San Diego Law Review

In the end, it seems to me, the matter boils down to a single issue. Many individuals consider themselves bound by two sources of authority, public law and conscience, whose demands do not always coincide. Is the state prepared to take cognizance of this fact, and if so, how should it respond? Unlike other regimes, liberal democracies should not find these questions unduly challenging. To be a liberal state is to recognize limits on the legitimate scope of public authority; to be a liberal democracy is to recognize limits on the authority of the people and on the writ of …

A Defense Of Stand Your Ground Legislation, Jarrett Field '14

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.

Gun Rights Talk, Joseph Blocher

Faculty Scholarship

No abstract provided.

Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon

Journal of Business & Technology Law

No abstract provided.

Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram

Philosophy: Faculty Publications and Other Works

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from structures beyond their control (but perhaps amenable to government remediation)? If both of these explanations are true (as I …

[Introduction To] Universal Rights And The Constitution, Stephen A. Simon

Bookshelf

Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights.

Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework …

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …

Does The Existing Human Rights Regime Have Political Authority?, Christopher Heath Wellman

San Diego Law Review

In this Article I consider whether the existing international legal human rights regime enjoys political authority over sovereign states. In particular, I explore whether, just as states can cite their role as the primary institutions that protect human rights in order to justify their claim to authority over their citizens, perhaps the current human rights regime might plausibly cite its secondary role in securing human rights in order to ground its authority over these states.

The Morality Of Human Rights, Michael J. Perry

San Diego Law Review

My discussion of the morality of human rights in this Article presupposes that the reader is familiar with the internationalization of human rights: the growing international recognition and protection, in the period since the end of the Second World War, of certain rights as human rights. The Appendix to this Article is for readers not familiar with the internationalization of human rights. I begin, in the first Part of the Article, by explaining what the term human right means in the context of the internationalization of human rights. I also explain both the sense in which some human rights are, …

Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon

Environmental and Earth Law Journal (EELJ)

This paper investigates central ideas in the emergent field of Earth Jurisprudence. It suggests that development of conceptual and practical frameworks for an earth justice system predicated on rights of nature is currently at a nascent stage, but such ‘creative uncertainty’ provides scholars and practitioners with opportunities to identify and articulate new conceptual frameworks which avoid some of the hazards of human exceptionalism.

Part I suggests that the concept of ‘rights of nature’ rests upon contestable epistemological and ontological claims and that an effective Earth Jurisprudence will require a continual negotiation of interpretative disagreements and frameworks for action.

Part II …