Philosophy Commons^™

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 …

[Introduction To] Nietzsche's Earth: Great Events, Great Politics, Gary Shapiro

Bookshelf

We have Nietzsche to thank for some of the most important accomplishments in intellectual history, but as Gary Shapiro shows in this unique look at Nietzsche’s thought, the nineteenth-century philosopher actually anticipated some of the most pressing questions of our own era. Putting Nietzsche into conversation with contemporary philosophers such as Deleuze, Agamben, Foucault, Derrida, and others, Shapiro links Nietzsche’s powerful ideas to topics that are very much on the contemporary agenda: globalization, the nature of the livable earth, and the geopolitical categories that characterize people and places. Shapiro explores Nietzsche’s rejection of historical inevitability and its idea of the …

The Case For The International Governance Of Immigration, Javier S. Hidalgo

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

States have rights to unilaterally determine their own immigration policies under international law and few international institutions regulate states’ decision-making about immigration. As a result, states have extensive discretion over immigration policy. In this paper, I argue that states should join international migration institutions that would constrain their discretion over immigration. Immigration restrictions are morally risky. When states restrict immigration, they risk unjustly harming foreigners and restricting their freedom. Furthermore, biases and epistemic defects pervasively influence states’ decision-making about immigration policy. States should transfer some of their decision-making authority over immigration to more reliable institutions in order to mitigate the …

World, Earth, Globe: Geophilosophy In Hegel, Nietzsche, And Rosenzweig, Gary Shapiro

Philosophy Faculty Publications

In an interview given a few weeks after the attacks of September 11, 2001, Jacques Derrida interrogates the nature of what is popularly called globalization. In his critique of current concepts of globalization, Derrida points out that the very processes of trade, communication, and transport are producing greater inequalities around the earth, and that these inequalities are spectacular, that is, that the very media essential to the process we call globalization make these inequalities vividly clear. The interview is a rich conspectus of the themes of Derrida's political thought, perhaps most penetrating in his thinking the concepts of the …

Selling Citizenship: A Defence, Javier S. Hidalgo

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

Many people think that citizenship should not be for sale. On their view, it is morally wrong for states to sell citizenship to foreigners. In this article, I challenge this view. I argue that it is in principle permissible for states to sell citizenship. I contend that, if states can permissibly deny foreigners access to citizenship in some cases, then states can permissibly give foreigners the option of buying citizenship in these cases. Furthermore, I defend the permissibility of selling citizenship against the objections that selling citizenship values citizenship in the wrong way, corrupts civic norms, and unfairly discriminates against …

Resistance To Unjust Immigration Restrictions, Javier S. Hidalgo

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

State employees use force or the threat of force to restrict immigration.Border guards forcibly detain and incarcerate foreigners who immigrate without state approval. When migrants evade or resist immigration restrictions, border agents sometimes deploy tasers to incapacitate migrants, pepper spray them, shoot them with rubber bullets, and, less frequently, beat migrants with batons, and even fire live ammunition at them. Thousands of migrants perish annually in attempts to evade border agents. 2 State officials also capture and deport migrants who reside in their borders without official authorization. Affluent states have deported millions of unauthorized migrants in recent decades.

Liberalism And Economic Liberty, Jeppe Von Platz, John Tomasi

Philosophy Faculty Publications

The problem of economic liberty can be understood along two dimensions: the first concerns what significance economic liberties should have; the second concerns why they should have this significance. The significance of a liberty is a function of two variables; weight and scope. The weight of a liberty is the importance it should be accorded in political deliberation vis-a-vis other societal considerations that might inform the exercise of political authority. The weightier the liberty, the more significant it is, meaning that fewer or stronger societal considerations can justify regulating the sphere of agency protected by this liberty.

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 …

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 …

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 …

[Introduction To] Hayek On Mill:The Mill-Taylor Friendship And Related Writings, Sandra J. Peart

Bookshelf

Best known for reviving the tradition of classical liberalism, F. A. Hayek was also a prominent scholar of the philosopher John Stuart Mill. One of his greatest undertakings was a collection of Mill’s extensive correspondence with his longstanding friend and later companion and wife, Harriet Taylor-Mill. Hayek first published the Mill-Taylor correspondence in 1951, and his edition soon became required reading for any study of the nineteenth-century foundations of liberalism. This latest addition to the University of Chicago Press’s Collected Works of F. A. Hayek series showcases the fascinating intersections between two of the most prominent thinkers from two successive …

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 …

Why We Still Do Not Know What A “Real” Argument Is, G. C. Goddu

Philosophy Faculty Publications

In his recent paper, “What a Real Argument is,” Ben Hamby attempts to provide an adequate theoretical account of “real” arguments. In this paper I present and evaluate both Hamby’s motivation for distinguishing “real” from non-“real” arguments and his articulation of the distinction. I argue that neither is adequate to ground a theoretically significant class of “real” arguments, for the articulation fails to pick out a stable proper subclass of all arguments that is simultaneously both theoretically relevant and a proper subclass of all arguments.

The End Of The World And Other Times In The Future, Gary Shapiro

Philosophy Faculty Publications

In an interview with his biographer Sylvie Simmons, Leonard Cohen identifies the main interests in his work as "women, song, religion". These are not merely personal concerns for Cohen, they are dimensions of the world that he tries to understand as a poet, singer, and thinker.

Now it's something of a cliché to see the modern romantic or post-romantic singer or poet in terms of personal struggles, failures, triumphs, and reversals. Poets sometimes respond by adopting elusive, ironic, enigmatic, or parodic voices: think, in their different ways, of Bob Dylan and Anne Carson. Yet Cohen has always worn his heart …

Painting (And Photography), Gary Shapiro

Philosophy Faculty Publications

Two of Foucault's signature essays on painting are especially well known: the analysis of Velazquez's Las Meninas, and an essay on Rene Magritte that includes a striking account of how abstraction displaced representation in Western art. In addition, many of Foucault's texts are studded with acute descriptions of major painters from Breughel to Warhol; he gave lecture courses on quattrocento painting and Manet and published essays on several contemporary artists (Rebeyrolle, Fromanger, Michals). Since one of Foucault's major themes was the relation between visibility and discursivity, it is not surprising to find that painting is a favored site for …

States And Nomads: Hegel's World And Nietzsche Earth, Gary Shapiro

Philosophy Faculty Publications

What is Nietzsche's concept of the earth? While "earth" is often taken in a general way to refer to embodied life, to this world rather than to an imaginary and disastrous other world, I propose that the term and concept also have a significant political dimension-a geophilosophical dimension—which is closely related to the radical immanence so central to Nietzsche's thought. I shall argue that he often and pointedly replaces the very term "world" (Welt) with "earth" (Erde) because "world" is tied too closely to ideas of unity, eternity, and transcendence. "World" is a concept with theological …

Intuition And Its Proper Uses, Chris Boss

Honors Theses

What is intuition? Is it nothing but a nagging conviction in certain beliefs? Is it the same thing as common sense? When, if ever, is intuition a legitimate epistemological tool? Is the use of intuition in philosophical inquiry not just legitimate, but also inevitable? The aim of the present research project is to answer these and related questions. This research project will prove important due to the regularity with which intuitions are evoked in philosophical discourse, and the judgment errors that can result from a misunderstanding of the proper scope of these intuitions.

In section (1), I define and explain …

[Introduction To] Believing Against The Evidence: Agency And The Ethics Of Belief, Miriam S. Mccormick

Bookshelf

The question of whether it is ever permissible to believe on insufficient evidence has once again become a live question. Greater attention is now being paid to practical dimensions of belief, namely issues related to epistemic virtue, doxastic responsibility, and voluntarism.

In this book, McCormick argues that the standards used to evaluate beliefs are not isolated from other evaluative domains. The ultimate criteria for assessing beliefs are the same as those for assessing action because beliefs and actions are both products of agency. Two important implications of this thesis, both of which deviate from the dominant view in contemporary philosophy, …

[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 …

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 …

Earth’S Garden-Happiness: Nietzsche’S Geoaesthetics Of The Anthropocene, Gary Shapiro

Philosophy Faculty Publications

This essay proposes a reading of the concept and metaphor of the garden in Nietzsche’s philosophy as a contribution to exploring his aesthetics of the human earth and, accordingly, of his idea of the Sinn der Erde. Following Zarathustra’s agreement with his animals’ repeated declaration that „the world awaits you as a garden,” after his ordeal in struggling with the thought of eternal recurrence, the essay draws on Z and other writings to explore the senses of cultivation, design, and perspective which the garden embodies. Nietzsche recognizes and endorses another dimension of the garden in his discussions of Epicurus’ …

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 …

The Justification Of Authority : A Response To Raz, Reilly Wilson

Honors Theses

No abstract provided.

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 …

Speaking A Word For Nature: Thoreau's Philosophical Saunter, Gary Shapiro

Philosophy Faculty Publications

Thoreau's extraordinary essay "Walking" is obviously an encomium on what the author calls "the art of Walking" and an exhortation to readers to understand and practice that art. Yes, but we must realize that he speaks of the art of walking in no "pedestrian" sense (if this expression may be excused). Thoreau not only wants us to think the unthought in ordinary walking but to participate in the essay's performance of an allegory or analogue of the practice that he calls sauntering to the Holy Land; it becomes an itinerary through the fields of language that reveals unsuspected sights and …

Post-Liberation Feminism And Practices Of Freedom, Ladelle Mcwhorter

Philosophy Faculty Publications

Most feminist theorists over the last forty years have held that a basic tenet of feminism is that women as a group are oppressed. The concept of oppression has never had a very broad meaning in liberal discourse, however, and with the rise of neo-liberalism since 1980 it has even less currency in public debate. This article argues that, while we may still believe women are oppressed, for pragmatic purposes Michel Foucault’s concept of practices of freedom is a more effective way to characterize feminist theory and politics.

Logic, Truth And Inquiry (Book Review), G. C. Goddu

Philosophy Faculty Publications

Mark Weinstein’s, Logic, Truth and Inquiry is an ambitious and provocative case for a theory of truth and warrant strength that will undergird an “account of argument in the broad sense of current argumentation theory” (p. 12). I begin with a very schematic synopsis of Weinstein’s rich discussion through his six chapters. Weinstein himself notes that his arguments are “frequently presented in broad outline” (p. 1), so my quick sketch will be even broader. I conclude with some brief observations about both what the book leaves unresolved and the merits of Weinstein’s intriguing book.

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.