Social and Behavioral Sciences Commons^™

Including The Excluded: Communitarian Paths To Cosmopolitanism, Eduard Jordaan

Research Collection School of Social Sciences

Cosmopolitanism is frequently criticised for overlooking the situatedness of morality and the importance of solidarity in their aspiration to global justice. A number of thinkers take these criticisms seriously and pursue ‘a communitarian path to cosmopolitanism’. Four such approaches are considered. All four view morality and justice as grounded in a specific social setting and hold that justice is more likely to result if there is some ‘we-feeling’ among people, but are simultaneously committed to expanding the realm of justice and moral concern to beyond national boundaries. To enable the theorisation of an expanded realm of situated justice and moral …

Preservation, Passivity, And Pessimism, Sheila Lintott

Faculty Journal Articles

Many committed and passionate environmental thinkers currently champion restoration as an appropriate and positive model for human-nature interaction and interdependence. Recent philosophical defenses of restoration sidestep the issues that have been raised about the possibility of restoring degraded nature to a state that is identical, ontologically or evaluatively, to some pre-degraded state. Informed by feminist theory, I expose and explore some problematic assumptions and associations found in common defenses of restoration and defend the thesis that preservation is the more promising avenue to character remediation and the forging of a harmonious human-nature culture. I allow that many restoration projects will …

Courageous Peace, Ann Abdoo

Citizens for Peace

Is peace a sign of courage or weakness? This essay addresses the issue. It was published in the Michigan Department of Peace Campaign, Political Action Guide 2009-2010.

The Political Action Guide is published by Citizens for Peace, a grassroots organization from Michigan's 11th Congressional District. The Guide inclues information on the Department of Peace Legislation, historical and current as well as information on ways to become politically active.

Within the Guide, there is also a directory of many Michigan organizations working for a more peaceful world and the websites of national organizations.

To acquire a current edition, contact Colleen …

The Impact Of Honor Codes And Perceptions Of Cheating On Academic Cheating Behaviors, Especially For Mba Bound Undergraduates, Heather M. O'Neill, Christian A. Pfeiffer

Business and Economics Faculty Publications

Researchers studying academic dishonesty in college often focus on demographic characteristics of cheaters and discuss changes in cheating trends over time. To predict cheating behavior, some researchers examine the costs and benefits of academic cheating, while others view campus culture and the role which honor codes play in affecting behavior. This paper develops a model of academic cheating based on three sets of incentives - moral, social and economic—and how they affect cheating behaviors. An on-line survey comprising 61 questions was administered to students from three liberal arts colleges in the USA in spring 2008, yielding 700 responses, with half …

The Principle Of Fairness And States’ Duty To Obey International Law, David Lefkowitz

Philosophy Faculty Publications

Philosophers and political theorists have developed a number of different justifications for the duty to obey domestic law. The possibility of using one (or more) of these justifications to demonstrate that states have a duty to obey international law seems a natural starting point for an analysis of international political obligation. Amongst the accounts of the duty to obey domestic law, one that appears to have a great deal of intuitive appeal, and that has attracted a significant number of philosophical defenders, is the principle of fairness (or fair play). In this paper, I examine the possibility of using the …

The Implications Of Merleau-Ponty For The Human Sciences, Ryan Marcotte

Senior Honors Projects

The Implications of Merleau-Ponty for the Human Sciences Ryan Marcotte Cobb Faculty Sponsor: Galen Johnson, Philosophy The American Anthropology Association (AAA) made headlines in November 2010 due to a controversial change in their 'Long-Range Plan.' The revised AAA mission statement omits all mention of the word 'science' and this omission has sparked a fierce debate within the anthropology community. The debate reveals that the study of social phenomena can be approached from two competing points of view – a scientific and a non-scientific perspective. This project is concerned with the historical and intellectual developments that led to this competition between …

What Is A Human Person? An Exploration & Critique Of Contemporary Perspectives, Emmanuel Cumplido

Senior Honors Projects

What is a Human Person? An Exploration and Critique of Physicalist Perspectives

Emmanuel Cumplido

Faculty Sponsor: Donald Zeyl, Philosophy

Answers to the question “What is a human person?” that have garnered the allegiance of people throughout millennia fall under two broad categories: “physicalism” and “dualism”. One of the earliest renditions of physicalism was the philosophy of the ancient Greek atomists. In their view, all of reality could be explained through two principles: atoms and empty space. As a consequence, people were thought to be nothing but assemblages of atoms in space. Plato’s Phaedo presents one of the earliest philosophical endorsements …

Marcuse On The Two Dimensions Of Advanced Industrial Society And The Significance Of His Thought Today, Michael C. Hartley Mr.

Senior Honors Projects

Herbert Marcuse was a philosopher and social theorist who wrote extensively about the dynamics of social change in the technologically advanced societies of the Western world. Motivated by the desire to see humanity develop societies that would allow for individuals to live a free and happy existence, Marcuse critiqued the existing societies of his time. Although Marcuse’s main work, One-Dimensional Man, is over forty years old, it can continue to offer us new insights today. I believe that Marcuse’s thought offers a powerful framework for analyzing our contemporary society. In this project I distill this framework, what could be …

Cognitive Relatives Yet Moral Strangers?, Judith Benz-Scharzberg, Andrew Knight

Animal Welfare Collection

This article provides an empirically based, interdisciplinary approach to the following two questions: Do animals possess behavioral and cognitive characteristics such as culture, language, and a theory of mind? And if so, what are the implications, when long-standing criteria used to justify differences in moral consideration between humans and animals are no longer considered indisputable? One basic implication is that the psychological needs of captive animals should be adequately catered for. However, for species such as great apes and dolphins with whom we share major characteristics of personhood, welfare considerations alone may not suffice, and consideration of basic rights may …

Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger

Political Science Faculty Publications

Jean Hampton’s work first came to my attention in 1984, when the summer issue of Philosophy & Public Affairs appeared in my mailbox. Hampton’s essay in that issue, “The Moral Education Theory of Punishment,” did not persuade me—or many others, I suspect—that “punishment should not be justified as a deserved evil, but rather as an attempt, by someone who cares, to improve a wayward person” (Hampton 1984, 237). The essay did persuade me, though, that moral education is a plausible aim of punishment, even if it is not the “full and complete justification” Hampton claimed it to be (Hampton 1984, …

Leadership Ethics, Joanne B. Ciulla, Donelson R. Forsyth

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

A CEO bankrupts the company he is supposed to be leading. A retiree donates thousands of hours to her community. A company's leadership decides not to relocate a factory overseas, for the sake of the residents of an economically challenged town. A president of a club on a college campus encourages members to cheat on their examinations so that the group's members can earn academic honors. An elected public official arranges a tryst with a lover and abandons his duties for days on end.

These behaviors raise questions about motivation, rationality, and intent, but with a difference; these actions cannot …

An Empirical Study Of Whistleblower Policies In United States Corporate Codes Of Ethics, Richard Moberly, Lindsey Wylie

Academic Publications

We often think about democracy only as a political system where we elect those who will make laws that affect us. Yet everyday decisions taken in all kinds of organisations impact on us just as much. Therefore we have to know when decisions taken in organisations are going to affect us in ways that differ from the official organisational discourse. Whistleblowing plays a role in providing that knowledge and thus is a means to democracy. This book is a collection of essays on recent organisational and legal developments on whistleblowing in the US, UK, Europe, and Australia.

Blackmail, Mitchell N. Berman

All Faculty Scholarship

Blackmail - the wrongful conditional threat to do what would be permissible - presents one of the great puzzles of the criminal law, and perhaps all of law, for it forces us to explain how it can be impermissible to threaten what it would be permissible to do. This essay, a contribution to forthcoming collection of papers on the philosophy of the criminal law, seeks to resolve the puzzle by building on, and refining, an account of blackmail that I first proposed over a decade ago, what I termed the "evidentiary theory of blackmail." In doing so, it also critically …

Environmental Challenge And Animal Agency, Marek Špinka, Françoise Wemelsfelder

Sentience Collection

Challenges are there to be overcome – seen usually as problems to avoid rather than as opportunities to enjoy. However, for humans a life without challenge would be likely to be dull and boring, lacking the enthusiasm and satisfaction that come with individual development. Could this also be true for animals? This chapter looks at the positive value of engaging with environmental challenges for animal welfare, proposing that this value lies in an animal’s expression of agency and the enhanced functional competence that it gains through this. It explores the different facets of agency, and provides more detailed discussion of …

Republicanism, Richard Dagger

Political Science Faculty Publications

Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

Republicanism And The Foundations Of Criminal Law, Richard Dagger

Political Science Faculty Publications

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …

Tomáš Masaryk And Jane Addams On Humanitarianism And Cultural Reciprocity, Marilyn Fischer

Philosophy Faculty Publications

Chapter addresses similarities between Addams's and Masaryk's positions on cultural difference and national states. The similarities were based not only on their shared general humanitarian point of view, but on a personal interaction as well. Masaryk visited the U.S. several times and even delivered series of lectures on Slavs and their history at Hull House in Chicago. Masaryk spoke with Addams and was in contact with her through his daughter Alice, who spent time in Chicago and whom Addams mentored. In these circumstances the similarities in their ideas of trans-nationalism, the plasticity of national identity, and cultural reciprocity are not …

Reaching Disagreement, David R. Hiley

The University Dialogue

No abstract provided.

The Legitimating Role Of Consent In International Law, Matthew J. Lister

All Faculty Scholarship

According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but …

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Faculty and Research Publications

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."

The Ister: Between The Documentary And Heidegger’S Lecture Course Politics, Geographies, And Rivers, Babette Babich

Articles and Chapters in Academic Book Collections

The Ister, the 2004 documentary by the Australian scholars and videographers, David Barison, a political theorist, and Daniel Ross, a philosopher, appeals to Martin Heidegger’s 1942 lecture course, Hölderlins Hymne «Der Ister»and the video takes us «backward» as the river flows: beginning from the Danube’s delta where it ends in the sea and «journeying» with it to its source in the Alps.

the value of the Barison/Ross documentary for both political theory and philosophy is its illustration of the technological incursions or assaults on the river itself, that is to say: its representation of the ‘uses’ and hence …

Punishment As Contract, Claire Oakes Finkelstein

All Faculty Scholarship

This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment, …

"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Provocation As Partial Justification And Partial Excuse, Mitchell N. Berman

All Faculty Scholarship

The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and defended …

Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus

All Faculty Scholarship

A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …

Replay, Mitchell N. Berman

All Faculty Scholarship

This paper explores a question of superficial triviality: when sports use instant replay technology to review on-field calls, what standard of review should they employ? The conventional view is that on-field calls should be entrenched against reversal such that, if the reviewing official has any doubt about the correctness of the initial call, he must let it stand even if he thinks it very probably wrong. Indeed, in the wake of officiating debacles at last summer‟s FIFA World Cup, commentators proposed not only that soccer employ instant replay, but also that it follow the NFL in directing officials to overturn …

Breaching The Mortgage Contract: The Behavioral Economics Of Strategic Default, Tess Wilkinson-Ryan

All Faculty Scholarship

Underwater homeowners face a quandary: Should they make their monthly payments as promised or walk away and save money? Traditional economic analysis predicts that homeowners will strategically default (voluntarily enter foreclosure) when it is cheaper to do so than to keep paying down the mortgage debt. But this prediction ignores the moral calculus of default, which is arguably much less straightforward. On the one hand, most people have moral qualms about breaching their contracts, even when the financial incentives are clear. On the other hand, the nature of the lender-borrower relationship is changing and mortgage lenders are increasingly perceived as …

On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank

All Faculty Scholarship

In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, …

Mercy, Crime Control, And Moral Credibility, Paul H. Robinson

All Faculty Scholarship

If, in the criminal justice context, "mercy" is defined as forgoing punishment that is deserved, then much of what passes for mercy is not. Giving only minor punishment to a first-time youthful offender, for example, might be seen as an exercise of mercy but in fact may be simply the application of standard blameworthiness principles, under which the offender's lack of maturity may dramatically reduce his blameworthiness for even a serious offense. Desert is a nuanced and rich concept that takes account of a wide variety of factors. The more a writer misperceives desert as wooden and objective, the more …