Spinoza on Human Freedom
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Southern Paternalism and the Rise of the Welfare State
Southern Paternalism and the Rise of the Welfare State: Economics, Politics, and Institutions in the U.S. South, 1865-1965 Lee J. Alston and Joseph P. Ferrie Cambridge University Press Cambridge London New York New Rochelle Melbourne Sydney Introduction The rural South has undergone a remarkable transformation in the last half century. The changes in the physical landscape are immediately apparent: the millions of tenants, share-croppers, and wage laborers who once raised and picked the South’s crops and lived in its tumbledown tar paper shacks are gone, replaced by machines moving methodically across its fields. But the changes in the social landscape that accompanied these physical changes are no less striking: gone, too, is the complex system of reciprocal duties and obligations that had bound agricultural employers and their workers, the elaborate but often unspoken protocol of paternalism that shaped much of day-to-day life in the rural South. In the following chapters, we will show how paternalism emerged in the postbellum years to reduce the cost of obtaining, motivating, and retaining labor in cotton production following the abolition of slavery. We will also explore the 1 economic and political transformations caused by the decline of paternalism, changes less visible but no less important than the mechanization of cotton production. The cost of obtaining labor in Southern agriculture included making sure an adequate supply of laborers could be hired and making sure that the laborers who were hired worked hard at their tasks (reducing the cost of monitoring labor) and stayed on through the harvest (reducing turnover in the farm labor force). -
Examining the Philosophical Inconsistencies of Libertarian Paternalism
Munich Personal RePEc Archive The Curious Case of Choice Architect: Examining the Philosophical Inconsistencies of Libertarian Paternalism Kuriakose, Francis and Kylasam Iyer, Deepa Erasmus University Rotterdam, University of Cambridge 24 April 2017 Online at https://mpra.ub.uni-muenchen.de/84842/ MPRA Paper No. 84842, posted 06 Nov 2019 16:37 UTC The Curious Case of Choice Architect: Examining the Philosophical Inconsistencies of Libertarian Paternalism Francis Kuriakose and Deepa Kylasam Iyer April 2017 Abstract Classical economics works on the principle that individuals are rational and make decisions to maximize their self interest. However in real situations, individuals face a conflict between rational and irrational selves leading to decision making that does not leave them better off. Libertarian paternalism proposes a solution to this rationality problem in an individual by conceiving a choice architect. Choice architect is a third party capable of arriving at what a perfectly rational choice would be and ‘nudges’ an individual towards making that choice. Libertarian paternalists claim that choice architect does not interfere with the freedom of an individual because the choices he offers are easily reversible, i.e, an individual can reject it at any given point in time. Libertarian Paternalism seems to offer the third way between absolute autonomy of individual choice (libertarianism) and third party intervention (paternalism). This paper argues that the conception of a choice architect comes out of a hasty commitment to reconciling libertarianism and paternalism by placing perfect rationality and autonomy in two separate individuals in the case of a single decision making process. The paper proposes alternatives to confront the rationality problem. -
Aristotle, Kant, JS Mill and Rawls Raphael Cohen-Almagor
1 On the Philosophical Foundations of Medical Ethics: Aristotle, Kant, JS Mill and Rawls Raphael Cohen-Almagor Ethics, Medicine and Public Health (Available online 22 November 2017). Abstract This article aims to trace back some of the theoretical foundations of medical ethics that stem from the philosophies of Aristotle, Immanuel Kant, John Stuart Mill and John Rawls. The four philosophers had in mind rational and autonomous human beings who are able to decide their destiny, who pave for themselves the path for their own happiness. It is argued that their philosophies have influenced the field of medical ethics as they crafted some very important principles of the field. I discuss the concept of autonomy according to Kant and JS Mill, Kant’s concepts of dignity, benevolence and beneficence, Mill’s Harm Principle (nonmaleficence), the concept of justice according to Aristotle, Mill and Rawls, and Aristotle’s concept of responsibility. Key words: Aristotle, Immanuel Kant, John Stuart Mill, autonomy, beneficence, benevolence, dignity, justice, nonmaleficence, responsibility, John Rawls Introduction What are the philosophical foundations of medical ethics? The term ethics is derived from Greek. ἦθος: Noun meaning 'character' or 'disposition'. It is used in Aristotle to denote those aspects of one's character that, through appropriate moral training, develop into virtues. ἦθος is related to the adjective ἠθικός denoting someone or something that relates to disposition, e.g., a philosophical study on character.[1] 2 Ethics is concerned with what is good for individuals and society. It involves developing, systematizing, defending, and recommending concepts of right and wrong behaviour. The Hippocratic Oath (c. -
Love As a Moral Emotion* J. David Velleman
Love as a Moral Emotion* J. David Velleman INTRODUCTION Love and morality are generally assumed to differ in spirit. The moral point of view is impartial and favors no particular individual, whereas favoring someone in particular seems like the very essence of love. Love and morality are therefore thought to place con¯icting demands on our attention, requiring us to look at things differently, whether or not they ultimately require us to do different things.1 The question is supposed to be whether a person can do justice to both perspectives. Some philosophers think that one or the other per- * The theme of this article was suggested to me by Harry Frankfurt's ``Autonomy, Necessity, and Love'' (in Vernunftbegriffe in der Moderne, ed. Hans Friedrich Fulda and Rolf- Peter Horstmann [Klett-Cotta, 1994], pp. 433± 47). I ®rst attempted to state the theme in a paper entitled ``Frankfurt on Love and Duty,'' written for a conference organized by RuÈdi- ger Bittner in the spring of 1996, at the Zentrum fuÈr interdiziplinaÈre Forschung, in Biele- feld, Germany. Some of that paper is reproduced here. Also contained here is material from a commentary on Henry S. Richardson's Practical Reasoning about Final Ends (Cambridge: Cambridge University Press, 1994); my commentary was presented at a session of the So- ciety for Informal Logic at the 1995 meetings of the American Philosophical Association (APA) Eastern Division. Earlier versions of this article were read to the philosophy depart- ments at Arizona State University; Harvard; Princeton; University of California, Los Ange- les; University College London; and to a discussion group that meets at Oriel College, Ox- ford, under the auspices of David Charles. -
Foundations for Ethics
SECTION I Foundations for Ethics Change happens whether we want it or not. ▸ Introduction ealth care is in a constant state of change and challenge, which is likely to continue into its future. Therefore, this quote from the ancient philosopher, Heraclitus, rings true Hfor healthcare administrators (HCAs). In this introduction, consider an example of how change can affect care and its ethics. For example, the rapid growth of technology promises more efficient and effective care along with the ability to treat health conditions and improve outcomes. Of course, technology’s impressive outcomes will also bring challenges for health administrators in the areas of finance, staffing, and patient demands. How does this climate of change affect the HCA’s ability to pro- vide both fiscally sound and ethics- based health care? First, HCAs need to continue providing an environment where patients receive both appropriate and compassionate care. In addition, they must create, adapt, and support the complex healthcare system structure that responds to change. As stewards of current and future resources, HCAs are required to protect these resources and ensure that they are used ethically. These serious responsibilities can only increase in this epoch of change. To address these concerns, HCAs must also be prepared to go beyond patient care. They must respond to the business needs of health care with respect to the patient, staff members, organization, © Panuwat Dangsungnoen/EyeEm/Getty Images Dangsungnoen/EyeEm/Getty © Panuwat and the community. This challenge requires HCAs to have a base in ethics and apply their professional knowledge and skills. In addition, these challenges mandate a deeper application of ethics through appropriate behaviors that maintain both personal integrity and that of their organizations. -
The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1997 The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence Brian Leiter Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Brian Leiter, "The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence," 1997 Brigham Young University Law Review 803 (1997). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence Brian Leiter* I. INTRODUCTION In its 1923 decision in Frye v. United States,1 the United States Court of Appeals for the District of Columbia set out what was, for seventy years, the most influential test for the admissi- bility of scientific evidence in federal court. In Frye, the question was whether the results of a lie detector test were admissible on behalf of the defense. The Court of Appeals agreed with the trial court that such evidence was inadmissible, famously holding, that scientific evidence "must be sufficiently established to have gained general acceptance in the particular field in which it be- longs."2 In 1993, the United States Supreme Court ended Frye's reign of influence with its decision in Daubert v. -
Judicial Paternalism in Juvenile Justice Processing
FCXXXX10.1177/1557085114531318Feminist CriminologySpivak et al. 531318research-article2014 CORE Metadata, citation and similar papers at core.ac.uk Provided by SHAREOK repository Article Feminist Criminology 2014, Vol. 9(3) 224 –248 Gender and Status Offending: © The Author(s) 2014 Reprints and permissions: Judicial Paternalism in sagepub.com/journalsPermissions.nav DOI: 10.1177/1557085114531318 Juvenile Justice Processing fcx.sagepub.com Andrew L. Spivak1, Brooke M. Wagner2, Jennifer M. Whitmer1, and Courtney L. Charish3 Abstract This study examines the relationship between gender and juvenile justice processing outcomes for status offenders. The feminist criminological concept of judicial paternalism suggests that official justice systems, as gendered institutions with traditional patriarchal norms, will treat delinquent girls differently than delinquent boys. This paternalistic effect should be especially prevalent for status offenses, which are used to enforce institutional (parental, school, civic, parochial) authority. Using 1999-2001 juvenile processing data for 3,329 status offense referrals to the Oklahoma Office of Juvenile Affairs (N = 3,329) and controlling for age, race, prior history, type of status offense, and measures of social class and urban environment, our results indicate that (a) girls outnumber boys among status offenders, (b) girls are more likely than boys to have their petitions filed for review, (c) girls are less likely than boys to be adjudicated guilty, and (d) girls are just as likely as boys to receive an incarcerated custody sentence as opposed to probation. We argue that these results illustrate the manifestation of the juvenile justice system as a gendered institution in which the adjudication of status offenders reflects judicial paternalism. Keywords female delinquency, juvenile delinquency, juvenile justice, courts, judges Introduction Female offenders tend to be overshadowed in proportion to males at virtually every stage of criminal justice processes. -
Kantian Ethics Last Time, in Our Discussion of Consequentialism, We Discussed Williams’ Examples of George the Chemist and Jim and the Indians
Kantian ethics Last time, in our discussion of consequentialism, we discussed Williams’ examples of George the chemist and Jim and the Indians. In each of these examples, Williams thinks that we should find the view of the Consequentialist implausible; and in each of these cases, it seems that what makes trouble for the Consequentialist is the fact that we are inclined to find the distinction between doing something and letting it happen morally relevant --- which is what the Strong Doctrine of Negative Responsibility denies. At least two other worrying sorts of cases for consequentialism are worth considering: • Cases which involve our intuitions about the rights of others. The example of the unwilling transplant. • Cases in which, if Consequentialism is true, we seem to have a moral obligation to deceive ourselves about what we ought to do. Consequentialism is one very general framework about how to think about what we ought to do. As the above makes clear, there are many different versions of Consequentialism. But, as the above also makes clear, whether or not Consequentialism is true has very concrete consequences: for example, it seems to have the Strong Singer Principle as a consequence, and that Principle seems to have as a consequence that you are morally obliged to give almost all of your money to help suffering people around the world. As we have seen, Consequentialism also faces some serious problems. One might wonder: if Consequentialism is false, what does that entail for Singer’s argument? To answer this question, we need to understand how one might think about what we ought to do in a non-consequentialist way. -
Paternalism-Utility-And-Fairness.Pdf
Revue Internationale de Philosophie PATERNALISM, UTILITY, AND FAIRNESS Author(s): Richard J. ARNESON Source: Revue Internationale de Philosophie, Vol. 43, No. 170 (3), L'Éthique égalitariste / Egalitarian Ethics (1989), pp. 409-437 Published by: Revue Internationale de Philosophie Stable URL: http://www.jstor.org/stable/23946758 Accessed: 20-06-2018 23:36 UTC REFERENCES Linked references are available on JSTOR for this article: http://www.jstor.org/stable/23946758?seq=1&cid=pdf-reference#references_tab_contents You may need to log in to JSTOR to access the linked references. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms Revue Internationale de Philosophie is collaborating with JSTOR to digitize, preserve and extend access to Revue Internationale de Philosophie This content downloaded from 169.228.92.41 on Wed, 20 Jun 2018 23:36:26 UTC All use subject to http://about.jstor.org/terms PATERN ALI SM, UTILITY, AND FAIRNESS Richard J. ARNESON Liberais of various philosophical persuasions, perhaps including John Locke and J. S. Mill, have espoused a familiar principle that I will call the liberty principle, which holds that people should be left free to do whatever they choose unless their conduct threatens harm (in specified ways) to nonconsenting others. -
Paternalism: a Search for Acceptable and Applicable Principles of Intervention Jennifer L
Illinois Wesleyan University Digital Commons @ IWU Honors Projects Philosophy 1993 Paternalism: A Search for Acceptable and Applicable Principles of Intervention Jennifer L. Browning '93 Illinois Wesleyan University Recommended Citation Browning '93, Jennifer L., "Paternalism: A Search for Acceptable and Applicable Principles of Intervention" (1993). Honors Projects. Paper 10. http://digitalcommons.iwu.edu/phil_honproj/10 This Article is brought to you for free and open access by The Ames Library, the Andrew W. Mellon Center for Curricular and Faculty Development, the Office of the Provost and the Office of the President. It has been accepted for inclusion in Digital Commons @ IWU by the faculty at Illinois Wesleyan University. For more information, please contact [email protected]. ©Copyright is owned by the author of this document. - Paternalism: A Search for Acceptable and Applicable Principles of Intervention Jennifer L. Browning - At seven-thirty-one A.M. on Saturday morning I am awakened by a phone call from mom, "Oh honey--it's a beautiful sunny day that I knew you wouldn't want to sleep through. Now that you are awake go outside and breathe the morning air....No, no, that's ok, I'll wait ...you go ahead and do that.. " After I breathe and get mom off the phone I reach over and turn on my stereo. As New Age music fills the room I remember when my roommate switched the George Winston music I fall asleep to with a subliminal weight-loss tape. (I lost five pounds that week-~gained it back plus five more the next week). I grab my shoes and head toward the door--I don't want to be late for skydiving class--but as I am leaving my friend W. -
The Kantian Ethical Perspective Seen from the Existential Philosophy of Søren Kierkegaard’S Victor Eremita José García Martín,1 Arturo Morales Rojas2 & Roman Králik3
Ethics & Bioethics (in Central Europe), 2021, 11 (1–2), 48–57 DOI:10.2478/ebce-2021-0003 The Kantian ethical perspective seen from the existential philosophy of Søren Kierkegaard’s Victor Eremita José García Martín,1 Arturo Morales Rojas2 & Roman Králik3 Abstract This article compares two groundings of ethics: the ethical postulates of Immanuel Kant with the existential thinking of S. Kierkegaard. To achieve this goal, first, it proposes highlighting the fundamental ideas of Kantian ethics; then, secondly, highlighting Kierkegaard’s ethical stance; and finally, contrasting both approaches to identify differences and similarities. Conclusively, we can say that the pure Kantian ethical formality of duty for duty’s sake necessarily dispenses with existential and concrete content; it is an ethics that is grounded in itself, that refers to itself, to the rational nature of the human being and its universality. In contrast, Kierkegaardian ethics is a Christian ethics, it is the ethics of love for one’s neighbour and, above all, for God; it is a relational and existential ethics of the single individual. Keywords: Kant, duty, categorical imperative, Kierkegaard, individual, love Introduction During the 18th and 19th centuries there emerged, without any doubt, brilliant thinkers who embellished and consolidated philosophical activity between modernity and the contemporary period. The appearance of diverse and particular artistic, scientific, cultural and, naturally, philosophical trends, as well as major historical events, such as the Industrial -
Analyze the Ethics of Paternalistic Policies in Public Health?
How Can We (and Why Should We) Analyze the Ethics of Paternalistic Policies in Public Health? February 2018 How can we perceive and address ethical suspected of being paternalistic. This document challenges in public health practice and policy? offers indicators that will help public health actors One way is by using ethical concepts to shed light determine whether a policy is actually on everyday practices. This document is part of a paternalistic. Thus, they may become versed in series of papers intended to introduce arguments that can be used to refute unfounded practitioners, professionals and managers to accusations of paternalism and to reframe debate some concepts, values, principles, theories and and analysis. For policies that, upon scrutiny, approaches that are important to public health prove to be truly paternalistic, this document ethics. The documents in this series are available proposes a nuanced approach to their analysis at www.ncchpp.ca › Projects › Ethics. that involves distinguishing between different types of paternalism and taking into account the values that a policy promotes as well as those on Introduction which it impinges. In the view of certain authors, "public health is in The approach proposed in this document is essence paternalistic because it tends to use the rooted in a theoretical stance that fits broadly power of the State to intervene on behalf of the within the framework of political liberalism. health of individuals (even where this has not Political liberalism refers to a set of political been requested)" (Royo-Bordonada & Román- theories which assign great importance to the Maestre, 2015, p. 3).