Philosophy Commons^™

The Sources Of International Law: Some Philosophical Reflections, David Lefkowitz

Philosophy Faculty Publications

It seems only natural to begin the study of international law with a description of its sources. After all, whether as practitioner or scholar a person cannot begin to ask or answer questions about international law until he or she has some sense of what the law is. This requires in turn a basic grasp of the processes whereby international legal norms and regimes come to exist. Thus students of international law must engage immediately with some of the most basic questions in the philosophy of law: what is law, and what is a legal order or system.

These questions …

Aesthetics And The Philosophy Of Art, 1840-1900, Gary Shapiro

Philosophy Faculty Publications

The question can be raised whether the category or discipline of philosophical aesthetics existed before the eighteenth century. Unlike "logic:' "ethics:' and "physics:' a traditional Stoic division of philosophy with great staying power, "aesthetics" is clearly a product of modernity. As Paul O. Kristeller demonstrated in "The Modern System of the Arts:' it was in the eighteenth century that the idea of the aesthetic as a distinctive human capacity and the parallel consolidation of the notion of the fine arts crystallized in the writings of (mostly) French, German, and English philosophers and critics. The modern concepts of art and aesthetics …

[Introduction To] Warcraft And The Fragility Of Virtue: An Essay In Aristotelian Ethics, G. Scott Davis

Bookshelf

The origins of the book make a chronicle of the unexpected. In the spring of 1985, if memory serves, I was invited by Jeffrey Stout to teach a course at Princeton focusing on war and traditions of moral reasoning. Although I had not previously explored the just war tradition, it dovetailed nicely with my interest in Aristotle and his place in contemporary moral theory.

The Constitution Of Equality: Democratic Authority And Its Limits By Thomas Christiano (Book Review), David Lefkowitz

Philosophy Faculty Publications

In this carefully argued and thought provoking new book, Thomas Christiano offers a novel defense of democracy's intrinsic value, its morally justifiable claim to authority, and the limits thereof, as well as for liberal rights. Central to Christiano's argument for each of these conclusions is the claim that in a moderately complex and pluralist society, social justice requires that people be treated publicly as equals. That is, ordinary agents must be able to see that the institutions and practices that provide the basic structure of the society in which they live treat them as equals, or what is the same, …

Partiality And Weighing Harm To Non-Combatants, David Lefkowitz

Philosophy Faculty Publications

The author contests the claim made independently by F.M. Kamm and Thomas Hurka that combatants ought to assign greater weight to collateral harm done to their compatriot noncombatants then they assign to collateral harm done to enemy non-combatants. Two arguments by analogy offered in support of such partiality, one of which appeals to permissible self/other asymmetry in cases of harming the few to save the many, and the second of which appeals to parents' justifiable partiality to their children, are found wanting. The author also rebuts Kamm's argument that combatants should assign greater weight to collateral harm done to neutrals …

Republicanism And Crime, Richard Dagger

Political Science Faculty Publications

These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political …

[Introduction To] Heidegger And The Earth Essays In Environmental Philisophy, Ladelle Mcwhorter, Gail Stenstad

Bookshelf

Some of the fundamental questions of our time are ecological - urgent environmental problems demand newly conceived solutions for the betterment and preservation of life on this planet. In this newly revised and greatly expanded edition of Heidegger and the Earth, the contributors approach contemporary ecological issues through the medium of Heidegger's thought.

Amid pressing concerns about wildlife and wilderness preservation, agricultural practices, and technological innovation, contributors discuss how thinking with Heidegger in the twenty-first century yields creative ideas about the natural world that are unconstrained by traditional theoretical frameworks. The conflicting viewpoints in some of the essays will …

[Introduction To] Racism And Sexual Oppression In Anglo-America: A Genealogy, Ladelle Mcwhorter

Bookshelf

Does the black struggle for civil rights make common cause with the movement to foster queer community, protest anti-queer violence or discrimination, and demand respect for the rights and sensibilities of queer people? Confronting this emotionally charged question, Ladelle McWhorter reveals how a carefully structured campaign against abnormality in the late 19th and early 20th centuries encouraged white Americans to purge society of so-called biological contaminants, people who were poor, disabled, black, or queer. Building on a legacy of savage hate crimes—such as the killings of Matthew Shepard and James Byrd—McWhorter shows that racism, sexual oppression, and discrimination against the …

Teaching Economics, Jonathan B. Wight

Economics Faculty Publications

Ethical considerations intersect with economics education on a number of planes. Nonetheless, in terms of curricula, only a handful of economics departments offer courses specifically focused on ethics. This chapter addresses the ways in which instructors can incorporate ethical components into teaching principles and field courses in order to broaden economic understanding and to enhance critical thinking. It examines three pedagogical issues: the artificial dichotomy between positive and normative analysis; the limiting scope of efficiency in outcomes analyses; and the incorporation of alternative ethical frameworks into public policy debates.

What Is A “Real” Argument?, G. C. Goddu

Philosophy Faculty Publications

Numerous informal logicians and argumentation theorists restrict their theorizing to what they call “real” arguments. But is there a clear distinction to be made between “real” and “non-real” arguments? Here I explore four possible accounts of the alleged distinction and argue that none can serve the theoretical uses to which the distinction is most often put.

Governmentality, Biopower, And The Debate Over Genetic Enhancement, Ladelle Mcwhorter

Philosophy Faculty Publications

Although Foucault adamantly refused to make moral pronouncements or dictate moral principles or political programs to his readers, his work offers a number of tools and concepts that can help us develop our own ethical views and practices. One of these tools is genealogical analysis, and one of these concepts is “biopower.” Specifically, this essay seeks to demonstrate that Foucault’s concept of biopower and his genealogical method are valuable as we consider moral questions raised by genetic enhancement technologies. First, it examines contemporary debate over the development, marketing, and application of such technologies, suggesting that what passes for ethical deliberation …

Erde, Gary Shapiro

Philosophy Faculty Publications

E bezeichnet alles, was diesseitig ist, sich auf den Körper und das Natürliche bezieht, in Abgrenzung zu den Vorstellungen von einer anderen, höheren Welt, die die Religion und Philosophie des Westens beherrscht haben. Daher ermahnt Zarathustra seine Zuhörer, nicht den Kopf in den Sand der himmlischen Dinge zu stecken, sondern einen ,,einen Erden-Kopf, der der E Sinn schafft" (Za I, Von den Hinterweltlern) zu haben. Zuweilen bezeichnet E die konkrete Umgebung der Menscheit auf diesem Planeten und das zukünftige Heim → des Übermenschen genauer.

On The Concept Of A Morally Relevant Harm, David Lefkowitz

Philosophy Faculty Publications

In this paper I explicate and defend the concept of a morally relevant harm. This concept figures prominently in common-sense and contractualist moral reasoning concerning cases where an agent can prevent harm to members of a large group or a small one, but not both. When the two harms to which members of these groups are exposed are morally relevant to one another, an agent is permitted (or perhaps required) to take into account the number of people he can save. When the harms are irrelevant, an agent should not even consider preventing the lesser harm, regardless of how many …

Collateral Damage, David Lefkowitz

Philosophy Faculty Publications

The phrase "collateral damage" refers to harm done to persons, animals, or things that agents are not morally permitted to target in the conduct of war, as a side effect of attacks on persons, animals, or things that agents are morally permitted to target in the conduct of war. Call the first category that is, those persons, animals, or things that agents are not morally permitted to target - illegitimate targets of war, and the second category legitimate targets of war. Collateral damage, then, refers to harm done to illegitimate targets of war as a side effect of attacks on …

Assassins And Crusaders: Nietzsche After 9/11, Gary Shapiro

Philosophy Faculty Publications

Nietzsche describes his four Unzeitgemiisse Betrachtungen as Attentate, assassination attempts. The first of these, his self-described "duel" with David Friedrich Strauss, published in 1873, begins with the question of war and time. It is untimely or out of season insofar as it challenges the smugness of the cultural philistines who take Germany's victory in the Franco-Prussian War to be a testament to the superiority of German culture. As those in the United States might have learned after the end of the Cold War and after the first Gulf War, "a great victory is a great danger," and we might …

The Ethical Lacunae In Friedman's Concept Of The Manager, Jonathan B. Wight, Martin Calkins

Economics Faculty Publications

This article challenges along two lines Milton Friedman's injunction that the sole role of the business manager is to maximize profits for shareholders using all legal and ethical means. First, it shows how Friedman overly narrows the manager's moral duties to consequentialist profit maximization and thereby fails to account for a wide range of values and virtues necessary for good management. Second, it illustrates how more oblique approaches to management as well as Adam Smith's virtue-based model better capture the moral imagination and relational aspects of leadership that are critical to good management today. In the end, this article suggests …

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.

Adam Smith And His Sources: The Evil Of Independence, Sandra J. Peart, David M. Levy

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

This paper explores the foundations of Adam Smith’s view that the philosopher is the same as the street porter. Despite their innate similarity, Smith recognized that the role of the philosopher, someone who provides useful instruction to fellow humans, is not that of the street porter (Pear and Levy 2005; Schliesser 2005, 2006). He also saw that this potentially useful employment may entail a biased perspective on human conduct. Motivated by matters too distant for ordinary people to notice, the philosopher may come to believe that he is better than those he studies and to regard himself as independent form …

Ethics In Experimentation, Donelson R. Forsyth

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

Experimentation in the social sciences, by its very nature, requires researchers to manipulate and control key aspects of the social setting so as to determine what effect, if any, these manipulations have on the people in that setting. Such studies, although unmatched in terms of their scientific yield, nonetheless raise questions of ethics: Do researchers have the moral right to conduct experiments on their fellow human beings? What practices are unacceptable and what procedures are allowable? Can standards be established to safeguard the rights of participants?

Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

In his most recent book on the moral duty to obey the law, A. John Simmons considers and rejects a number of natural duty approaches to justifying political authority. Among the targets of Simmons’ criticism is the account defended by the book’s co-author, Christopher Heath Wellman. In this essay, I evaluate the force of Simmons’ objections to Wellman’s account of political obligation. As will become clear below, I think Wellman’s defense of the duty to obey the law defective in certain ways—but not in all of the ways that Simmons argues it is. By rebutting some of Simmons’ criticisms and …

A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz

Philosophy Faculty Publications

Does membership in a political society, in and of itself, involve obligations to uphold that society’s political institutions? Margaret Gilbert offers a novel argument in defense of an affirmative answer to this question, which she labels the membership problem. Given a plausible construal of the concepts obligation, political society, and membership in a political society, Gilbert argues that it follows analytically that to be a member of a political society just is to have an obligation to uphold and support that society’s political institutions. The key to Gilbert’s argument is the idea of a joint commitment; those …

Aristotelian Privacy: Perfectionism, Pornography, And The Virtues Of The Polis, G. Scott Davis

Religious Studies Faculty Publications

In the United States privacy is a hot topic, not least because of the current administration's desire to have unbridled access to its citizens' overseas conversations. But in what follows I do not plan to deal directly with any legal or policy concerns. Instead, I am interested in the philosophical foundations,- if any there be, of privacy as something to which individuals and other groups may be entitled. Because much of the discussion of "privacy rights" has revolved around matters sexual, I shall key the discussion to individual access to sexually explicit publications and what limits, if any, moral reflection …

[Introduction To] Inventing Leadership: The Challenge Of Democracy, J. Thomas Wren

Bookshelf

The tension between ruler and ruled in democratic societies has never been satisfactorily resolved, and the competing interpretations of this relationship lie at the bottom of much modern political discourse. In this fascinating book, Thomas Wren clarifies and elevates the debates over leadership by identifying the fundamental premises and assumptions that underlie past and present understandings.

[Introduction To] Teaching The Ethical Foundations Of Economics, Jonathan B. Wight, John S. Morton

Bookshelf

Teaching the Ethical Foundations of Economics contains 10 lessons that reintroduce an ethical dimension to economics in the tradition of Adam Smith, who believed ethical considerations were central to life. Utilizing these innovative instructional materials your students will learn about the important role ethics and character play in a market economy and how, in turn, markets influence ethical behavior.

The lessons do more than illustrate how ethical conduct improves an economy. They actively involve the students through simulations, group decision making, problem solving, classroom demonstrations and role playing. The lessons encourage students to think critically about ethical dilemmas.

A Theory Of Argument (Book Review), G. C. Goddu

Philosophy Faculty Publications

A Theory of Argument is an advanced textbook “written for upper-level undergraduate students who have completed at least one prior course in argumentation theory, critical thinking, informal logic, formal logic, or some other related discipline” (ix). This puts Vorobej’s book in a unique position since, to my knowledge, there are no other second course undergraduate textbooks with a nonsymbolic focus. (Second course symbolic logic textbooks written for undergraduates, rather than primarily for graduate students, were relatively rare until recently; the past decade has seen a proliferation in such texts.)

Walton On Argument Structure, G. C. Goddu

Philosophy Faculty Publications

In previous work I argued against (i) the likelihood of finding a theoretically sound foundation for the linked/convergent distinction and (ii) the utility of the distinction even if a sound theoretical basis could be found. Here I subject Douglas Walton’s comprehensive discussion of the linked/convergent distinction found in Argument Structure: A Pragmatic Theory to careful scrutiny and argue that at best Walton’s theory remains incomplete and that attempts to fill out the details will run afoul of at least one of the problems adduced above—i.e., result in either a theoretically unsound distinction or a theoretically sound, but unnecessary distinction.

On A Moral Right To Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

In this essay I argue that citizens of a liberal-democratic state, one that I argue has a morally justified claim to political authority, enjoy a moral right to engage in acts of suitably constrained civil disobedience, or what I will call a moral right to public disobedience. Such a claim may well appear inconsistent with the duty usually thought to correlate to a legitimate state’s right to rule, namely, a moral duty to obey the law. If successful, however, the arguments that follow entail that the duty correlative to a liberal-democratic state’s justified claim to political authority is in fact …

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …