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Ethics and Political Philosophy Commons™
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Articles 271 - 300 of 458
Full-Text Articles in Ethics and Political Philosophy
Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer
Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer
Center for the Study of Ethics in Society Papers
Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.
Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society
Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University.
Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa
Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa
Center for the Study of Ethics in Society Papers
Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15,2010.
Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen
Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen
Festival of Communities: UG Symposium (Posters)
A primate having legal rights is a controversial topic these days. Many other countries around the world support the idea of great apes having legal rights, because we for one are one of the five great primates. Others do not support this trending topic as much as others. These types of people believe that great apes such as chimpanzees are superb testing animals for medical purposes, because of the fact that they are closely related to mankind. Organizations such as Great Ape Protection, work towards protecting the rights of these great apes since they cannot speak for themselves. In many …
Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11
Balancing The Scales Of Justice: Legal, Ethical Dilemmas Within Wrongful Convictions Involving Client Confidentiality, Robert Steele '11
Honor Scholar Theses
No abstract provided.
Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn …
Group Rights: A Defense, David Ingram
Group Rights: A Defense, David Ingram
Philosophy: Faculty Publications and Other Works
Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …
On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler
On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler
Articles by Maurer Faculty
Part I of this essay outlines a neo-Aristotelean theory of political virtue, an instance of virtue generally, that serves as the basis of excellent citizenship in the polis. As such, political virtue contributes its share to the achievement of eudaimonia, or the fulfillment of an individual’s natural, human function. In fact, political virtue is especially important because people are political beings, i.e. they seek the good most comprehensively in the context of association with others. Therefore, Aristotle describes politics as the master science of the supreme good, because politics orders the community of the polis and thereby establishes the norms …
Consulting The Architect When Problems Arise – The Divine Law, Brian Mccall
Consulting The Architect When Problems Arise – The Divine Law, Brian Mccall
Faculty Articles
In The Architecture of Law: Building Law on a Solid Foundation- The Eternal and Natural Law, I began laying the foundation for a particular form of legal architecture. Taking inspiration from St. Thomas Aquinas’ description of God as the artificer or architect, I argued that the Law is a multi storied edifice comprised of different types of law. I explored the nature of the foundational law, the Eternal Law and its relationship to justice. I considered how the frame of Natural Law is erected upon or participates in the foundation of Eternal Law. Finally, I discussed some of the most …
The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White
The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White
Faculty Articles
The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."
Reasons: Explanatory And Normative, Joseph Raz
Reasons: Explanatory And Normative, Joseph Raz
Faculty Scholarship
‘A reason’ has two meanings: explanatory reasons are facts that contribute to an explanation (of anything explained); normative reasons are facts that favour and guide responses, in one’s emotions, beliefs, actions, etc., to how things are. The two kinds of reasons are connected by their connection to the capacity of Reason, or rationality, and by the normative/explanatory nexus, i.e. by the fact that normative reasons can explain the response that they favour. Normative reasons are — potentially — explanatory reasons, but the explanations they provide are of a special kind that presupposes their normative character. The chapter builds on …
Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby
Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby
Independent Study Project (ISP) Collection
The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …
Venus In Furs: Why False Confessions Are True, Ibpp Editor
Venus In Furs: Why False Confessions Are True, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature of truth and false confessions in the context of confession and interrogation.
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Articles & Book Chapters
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Diversity, Democracy And Dialogue In A Human Rights Framework, Carol C. Gould
Diversity, Democracy And Dialogue In A Human Rights Framework, Carol C. Gould
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University, November 3, 2009
Moral Limits Of Dworkin's Theory Of Law And Legal Interpretation, David B. Lyons
Moral Limits Of Dworkin's Theory Of Law And Legal Interpretation, David B. Lyons
Faculty Scholarship
At the foundation of Justice for Hedgehogs is a commitment to moral objectivity – the doctrine that there are right answers to moral questions. This nicely complements Dworkin’s legal theory, which holds that right answers to legal questions depend on right answers to moral questions. Without the doctrine of moral objectivity, Dworkin could not reasonably maintain, as he does, that law provides determinate answers to legal questions.
Why Terrorism? Whose Terror?, Ibpp Editor
Why Terrorism? Whose Terror?, Ibpp Editor
International Bulletin of Political Psychology
The author considers terrorism as a competitor for the legally constituted authority and power of governments.
Moral Foundation Theory And The Law, Colin Prince
Moral Foundation Theory And The Law, Colin Prince
Seattle University Law Review
Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. These five foundations comprise the building blocks of morality, regardless of the culture. In other words, while every society constructs its own morality, it is the varying weights that each society allots to these five universal foundations that create the variety. Haidt likens moral foundation theory to an “audio equalizer,” with each culture adjusting the sliders differently. The researchers, however, were not content to simply categorize moral foundations—they have tied the foundations to political leanings. And it is …
Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel
Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel
Articles
This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibility of two rights as two rights being highly useful to each other (interdependence) rather than as mutual indispensability. In the final section, I offer two new worries about the system-wide indivisibility of human rights.
A Free And Undemocratic Press?, Stephen J. A. Ward
A Free And Undemocratic Press?, Stephen J. A. Ward
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University.
When Does Might Make Right? Using Force For Regime Change, John Linarelli
When Does Might Make Right? Using Force For Regime Change, John Linarelli
Scholarly Works
Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian Mccall
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian Mccall
Faculty Articles
This review essay examines the jurisprudence of Ronald Dworkin as presented in the anthology: Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, edited by Scott Hershovitz. Notwithstanding the influence Dworkin's jurisprudence has had on the reconsideration of moral reasoning within legal reasoning, the essay concludes that at its foundation Dworkin's jurisprudence is based upon Legal Positivist principles. The essay first summarizes the jurisprudence of Dworkin and then contrasts his jurisprudence with traditional Natural Law Legal Theory and finally exposes the Positivist foundations of Dworkin's Legal Empire.
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt
Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt
Faculty Scholarship
This essay is divided into three categories: some brief remarks about forms of secularism, an outline of American constitutional law as it relates to religion, and a discussion from the standpoint of political philosophy of the proper place of religion (and other similar perspectives) in making political decisions within liberal democracies. Because the audience for whom the oral comments from which the essay is derived was mainly non-American, the middle part of the essay sets out many propositions familiar to anyone acquainted with this branch of constitutional law. And because of the informal nature of the original presentation, I offer …
The Moral Justification For Journalism, Sandra L. Borden
The Moral Justification For Journalism, Sandra L. Borden
Center for the Study of Ethics in Society Papers
Papers presented for the Center for the Study of Ethics in Society Western Michigan University
Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis
Reply To Joseph Ellin's Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Michael Davis
Center for the Study of Ethics in Society Papers
No abstract provided.
Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society
Professions "Of All Professions, Begging Is The Best" A Paper By Michael Davis. Response By Joseph Ellin. Professor Davis' Reply, Center For The Study Of Ethics In Society
Center for the Study of Ethics in Society Papers
Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.
"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis
"Of All Professions Begging Is The Best" - Some Problems In The Study Of Professions, Michael Davis
Center for the Study of Ethics in Society Papers
Michael Davis' original paper was presented to the Center of the Study of Ethics in Society Western Michigan University on October 4, 2007.
Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin
Of All Professions, Prostitution Is The Oldest (Except Possibly For Teaching), Joseph Ellin
Center for the Study of Ethics in Society Papers
Response by Joseph Ellin to a paper by Michael Davis Professions "Of All Professions, Begging is the Best"
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.