On Acting from Duty
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Part Four - 'Made in America: Christian Fundamentalism' Transcript
Part Four - 'Made in America: Christian Fundamentalism' Transcript Date: Wednesday, 10 November 2010 - 2:00PM Location: Barnard's Inn Hall 10 November 2010 Made in America Christian Fundamentalism Dr John A Dick Noam Chomsky: “We must bear in mind that the U.S. is a very fundamentalist society, perhaps more than any other society in the world – even more fundamentalist than Saudi Arabia or the Taliban. That's very surprising.” Overview: (1) Introduction (2) Five-stage evolution of fundamentalism in the United States (3) Features common to all fundamentalisms (4) What one does about fundamentalism INTRODUCTION: In 1980 the greatly respected American historian, George Marsden published Fundamentalism and American Culture, a history of the first decades of American fundamentalism. The book quickly rose to prominence, provoking new studies of American fundamentalism and contributing to a renewal of interest in American religious history. The book’s timing was fortunate, for it was published as a resurgent fundamentalism was becoming active in politics and society. The term “fundamentalism” was first applied in the 1920’s to Protestant movements in the United States that interpreted the Bible in an extreme and literal sense. In the United States, the term “fundamentalism” was first extended to other religious traditions around the time of the Iranian Revolution in 1978-79. In general all fundamentalist movements arise when traditional societies are forced to face a kind of social disintegration of their way of life, a loss of personal and group meaning and the introduction of new customs that lead to a loss of personal and group orientation. -
Philosophers' Brief
CAPITAL CASE No. 18-6135 In the Supreme Court of the United States ________________ JAMES K. KAHLER, Petitioner, v. STATE OF KANSAS, Respondent. ________________ On Writ of Certiorari to the Supreme Court of Kansas ________________ Brief of Philosophy Professors as Amici Curiae in Support of Petitioner ________________ EUGENE R. FIDELL (Counsel of Record) Feldesman Tucker Leifer Fidell LLP 1129 20th St., N.W., 4th Fl. Washington, DC 20036 (202) 256-8675 [email protected] Counsel for Amici Curiae QUESTION PRESENTED Do the Eighth and Fourteenth Amendments per- mit a State to abolish the insanity defense? i TABLE OF CONTENTS Page Interest of the Amici ................................................. 1 Summary of Argument ............................................. 1 Argument .................................................................. 2 I. THE MENTAL STATE ELEMENTS OF CRIMES ARE INSUFFICIENT FOR RESPONSIBILITY .............................. 2 II. SANITY IS NECESSARY FOR RESPONS- IBILITY AND SO ESSENTIAL TO BOTH THE DETERRENT AND RETRIBUTIVE AIMS OF CRIMINAL PUNISHMENT ........ 6 III.PRINCIPLES OF TOLERATION DO NOT SUPPORT DEFERENCE TO STATES THAT CHOOSE TO PUNISH THE MENTALLY ILL ......................................... 12 Conclusion ............................................................... 14 Appendix (List of Amici Curiae) ............................. 1a iii TABLE OF AUTHORITIES Cases: Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954) .................................................... 14 Ford v. Wainwright, -
Duty-To-Protect.Pdf
2 APA PRACTICE ORGANIZATION LEGAL ISSUES Duty to Protect A BRIEF HISTORY OF DUTY TO PROTECT In 1976, the California Supreme Court issued its decision in Tarasoff v. Regents of the University of Roles and Responsibilities for California after a patient carried out a threat to kill a Psychologists young woman. In that case, the court ruled: When a therapist determines, or pursuant to the ecent mass shootings heightened the focus on standards of his profession should determine, that widespread state laws that require or allow his patient presents a serious danger of violence psychologists and other mental health professionals R to another [person], he incurs an obligation to use to breach confidentiality in order to prevent harm by their reasonable care to protect the intended victim potentially violent patients. This article is intended to help against such danger . [This duty] may call for practitioners with the challenging task of applying these [the therapist] to warn the intended victim or duty to protect* laws in working with these individuals. others likely to apprise the victim of the danger, to notify the police, or take whatever other steps are Mandatory versus permissive laws reasonably necessary under the circumstances. Most psychologists think of duty to protect laws as those After the Tarasoff case, many states passed legislation that create a mandatory obligation to take action and impose defining a “duty to protect”* and the steps needed to liability for failing to carry out that duty. But there are closely discharge that duty. In other states, courts created a related laws that give psychologists discretion or permission duty to protect through case law. -
Addressing Fundamentalism by Legal and Spiritual Means
H UMAN R IGHTS & H UMAN W ELFARE Addressing Fundamentalism by Legal and Spiritual Means By Dan Wessner Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp. Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp. Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp. The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp. The post-Cold War era stands at a crossroads. Some sort of new world order or disorder is under construction. Our choice to move more toward multilateralism or unilateralism is informed well by inter-religious debate and international law. Both disciplines rightly challenge the “post- Enlightenment divide between religion and politics,” and reinvigorate a spiritual-legal dialogue once thought to be “irrelevant or substandard” (Falk: 1-8, 101). These disciplines can dissemble illusory walls between spiritual/sacred and material/modernist concerns, between realpolitik interests and ethical judgment (Kung 1998: 66). They place praxis and war-peace issues firmly in the context of a suffering humanity and world. Both warn as to how fundamentalism may subjugate peace and security to a demagogic, uncompromising quest. These disciplines also nurture a community of speech that continues to find its voice even as others resort to war. The four books considered in this essay respond to the rush and risk of unnecessary conflict wrought by fundamentalists. -
Monitoring the Duty to Monitor
Corporate Governance WWW. NYLJ.COM MONDAY, NOVEMBER 28, 2011 Monitoring the Duty to Monitor statements. As a result, the stock prices of Chinese by an actual intent to do harm” or an “intentional BY LOUIS J. BEVILACQUA listed companies have collapsed. Do directors dereliction of duty, [and] a conscious disregard have a duty to monitor and react to trends that for one’s responsibilities.”9 Examples of conduct HE SIGNIFICANT LOSSES suffered by inves- raise obvious concerns that are industry “red amounting to bad faith include “where the fidu- tors during the recent financial crisis have flags,” but not specific to the individual company? ciary intentionally acts with a purpose other than again left many shareholders clamoring to T And if so, what is the appropriate penalty for the that of advancing the best interests of the corpo- find someone responsible. Where were the direc- board’s failure to act? “Sine poena nulla lex.” (“No ration, where the fiduciary acts with the intent tors who were supposed to be watching over the law without punishment.”).3 to violate applicable positive law, or where the company? What did they know? What should they fiduciary intentionally fails to act in the face of have known? Fiduciary Duties Generally a known duty to act, demonstrating a conscious Obviously, directors should not be liable for The duty to monitor arose out of the general disregard for his duties.”10 losses resulting from changes in general economic fiduciary duties of directors. Under Delaware law, Absent a conflict of interest, claims of breaches conditions, but what about the boards of mort- directors have fiduciary duties to the corporation of duty of care by a board are subject to the judicial gage companies and financial institutions that and its stockholders that include the duty of care review standard known as the “business judgment had a business model tied to market risk. -
Networked Framing Between Source Posts and Their Reposts: an Analysis of Public Opinion on China’S Microblogs CM3 ¶ Joyce Y
INFORMATION, COMMUNICATION & SOCIETY, 2015 http://dx.doi.org/10.1080/1369118X.2015.1104372 5 Networked framing between source posts and their reposts: an analysis of public opinion on China’s microblogs CM3 ¶ Joyce Y. M. Nipa and King-wa Fub aDepartment of Media and Communications, The University of Sydney, Sydney, NSW, Australia; bJournalism 10 and Media Studies Centre, The University of Hong Kong, Hong Kong ABSTRACT ARTICLE HISTORY Retweeting a post on a social media platform is a part of a process of Received 20 January 2015 growing significance through which public opinion formation takes Accepted 2 October 2015 place. A ‘retweet count’ on, say Twitter or weibo, can be taken as a KEYWORDS 15 measure of user influence. The assumption is that when B retweets ’ China; framing; public A s message, B empathizes with A and wishes to disseminate the opinion; retweet; social message more widely. But this assumption has hardly been tested media; Twitter; weibo and preliminary evidence suggests practices for retweeting on Twitter vary. Nor can retweeting practices on Twitter be assumed to apply on weibo. This paper makes the first effort to understand 20 the practice of reposting on China’s weibo, focusing on the content of reposts in comparison to that of the original messages. A quantitative comparison is made of the frame [Entman, R. M. (1993). Framing: Toward clarification of a fractured paradigm. Journal of Communication, 43(4), 51–58; Gamson, W. A., & Modigliani, A. (1989). Media discourse and public opinion on nuclear power: A constructionist approach. American Journal of 25 Sociology, 95,1–37] of the source post of 21 cases, and their reposts. -
Libertarianism
LIBERTARIANISM Libertarianism is a theory of justice that holds that agents initially fully own themselves and have moral powers to acquire private property rights in external things. It judges non-consensual force against a person to be just only when it is necessary to prevent that person from infringing someone’s rights or to impose rectification for such infringement (e.g., compensation or punishment). These limits on the use of force radically limit the just powers of government. Libertarianism is often thought of as “right-wing” doctrine. This, however, is mistaken for at least two reasons. First, on social—rather than economic—issues, libertarianism tends to be “left-wing”. It opposes laws that restrict consensual and private sexual relationships between adults, laws that restrict drug use, laws that impose religious views or practices on individuals, and compulsory military service. Second, in addition to the better-known version of libertarianism—right-libertarianism—there is also a version known as “left-libertarianism” (described below), which holds that unappropriated natural resources belong to everyone in some egalitarian manner. Libertarianism can be understood as a basic principle or as a derivative one. Here it will be understood as a basic moral/principle (e.g., based on natural rights). It is possible, however, to defend libertarianism as a derivative principle. Rule utilitarianism could lead to libertarian principles, as could rule contractarianism. Libertarianism is normally advocated as a theory of justice in one of two senses. In one sense, justice is concerned with the moral duties that we owe others. It does not address impersonal duties (duties owed to no one) or duties owed to self. -
5. What Matters Is the Motive / Immanuel Kant
This excerpt is from Michael J. Sandel, Justice: What's the Right Thing to Do?, pp. 103-116, by permission of the publisher. 5. WHAT MATTERS IS THE MOTIVE / IMMANUEL KANT If you believe in universal human rights, you are probably not a utili- tarian. If all human beings are worthy of respect, regardless of who they are or where they live, then it’s wrong to treat them as mere in- struments of the collective happiness. (Recall the story of the mal- nourished child languishing in the cellar for the sake of the “city of happiness.”) You might defend human rights on the grounds that respecting them will maximize utility in the long run. In that case, however, your reason for respecting rights is not to respect the person who holds them but to make things better for everyone. It is one thing to con- demn the scenario of the su! ering child because it reduces overall util- ity, and something else to condemn it as an intrinsic moral wrong, an injustice to the child. If rights don’t rest on utility, what is their moral basis? Libertarians o! er a possible answer: Persons should not be used merely as means to the welfare of others, because doing so violates the fundamental right of self-ownership. My life, labor, and person belong to me and me alone. They are not at the disposal of the society as a whole. As we have seen, however, the idea of self-ownership, consistently applied, has implications that only an ardent libertarian can love—an unfettered market without a safety net for those who fall behind; a 104 JUSTICE minimal state that rules out most mea sures to ease inequality and pro- mote the common good; and a celebration of consent so complete that it permits self-in" icted a! ronts to human dignity such as consensual cannibalism or selling oneself into slav ery. -
Opinion on Whether Or to What Extent Applications for Nomination by Convention May Be Challenged at Or Before the Convention for Which the Applications Are Made
IN THE SUPREME COURT OF TEXAS ══════════ No. 20-0663 ══════════ IN RE TEXAS HOUSE REPUBLICAN CAUCUS PAC, ET AL., RELATORS ══════════════════════════════════════════ ON PETITION FOR WRIT OF MANDAMUS ══════════════════════════════════════════ PER CURIAM CHIEF JUSTICE HECHT and JUSTICE BOYD did not participate in the decision. Several Republican Party candidates and organizations seek to prevent 44 Libertarian Party candidates from appearing on the 2020 general-election ballot due to the Libertarians’ failure to pay the filing fee required by section 141.041 of the Texas Election Code. The Republicans concede that the statutory deadline to have the Libertarians removed from the ballot using a declaration of ineligibility passed on August 21. See TEX. ELEC. CODE § 145.035. They claim a later deadline applies to their petition, which they describe as a challenge to the Libertarians’ ballot applications governed by the deadline in section 141.034. For the reasons explained below, the Election Code does not authorize the requested relief. Because the Libertarian Party nominates candidates by convention rather than primary election, its candidates’ applications are governed by chapter 181 of the Election Code, not by chapter 141’s procedures for challenging ballot applications. See id. §§ 181.031–.034. The relators invoke deadlines governing challenges to “an application for a place on the ballot” under chapter 141, but Libertarian Party candidates do not file such applications. Instead, they file “an application for nomination by convention” under chapter 181, which is a statutorily separate type of application governed by a separate set of statutes. Id. The Election Code does not subject the Libertarian candidates’ applications for nomination by convention to the procedures and deadlines for ballot-application challenges on which the relators rely. -
Front Matter
Cambridge University Press 978-0-521-51525-2 - Perfecting Virtue: New Essays on Kantian Ethics and Virtue Ethics Edited by Lawrence Jost and Julian Wuerth Frontmatter More information PERFECTING VIRTUE In Western philosophy today, the three leading approaches to normative ethics are those of Kantian ethics, virtue ethics, and utilitarianism. In recent years the debate between Kantian ethicists and virtue ethicists has assumed an especially prominent position. The twelve newly commissioned essays in this volume, by leading scholars in both traditions, explore key aspects of each approach as related to the debate, and identify new common ground but also real and lasting differences between these approaches. The volume provides a rich overview of the continuing debate between two powerful forms of enquiry, and will be valuable for a wide range of students and scholars working in these fields. l aw r ence jost is Professor of Philosophy at the University of Cincinnati. He is the co-editor of Eudaimonia and Well-Being (2003). juli a n w uert h is Associate Professor of Philosophy at Vanderbilt University. He is the author of Kant on Mind, Action, and Ethics (2011). © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-51525-2 - Perfecting Virtue: New Essays on Kantian Ethics and Virtue Ethics Edited by Lawrence Jost and Julian Wuerth Frontmatter More information PERFECTING VIRTUE New Essays on Kantian Ethics and Virtue Ethics edited by LAWRENCE JOST University of Cincinnati JULIAN WUERTH Vanderbilt -
Light Duty Assignments
Policy Urbana Police Department 1025 Urbana PD Policy Manual Light Duty Assignments 1025.1 PURPOSE AND SCOPE This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, City rules, and current memorandums of understanding or collective bargaining agreements. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 1025.2 POLICY Subject to operational considerations, the Urbana Police Department may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the Department with a productive employee during the temporary period. 1025.2.1 DEFINITIONS Light Duty - Means a temporary, limited term assignment not requiring performance of the full range of duties associated with the regular job classification. Light duty also may be termed as modified-duty assignments. 1025.3 GENERAL CONSIDERATIONS Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) shall be treated equally, without regard to any preference for a work-related injury. No position in the Urbana Police Department shall be created or maintained as a temporary modified-duty assignment. -
Compassion and Sympathy As Moral Motivation Moral Philosophy Has Long Taken an Interest in the Emotions
Compassion and Sympathy as Moral Motivation Moral philosophy has long taken an interest in the emotions. Ever since Plato’s defense of the primacy of reason as a source of motiva- tion, moral philosophers have debated the proper role of emotion in the character of a good person and in the choice of individual actions. There are striking contrasts that can be drawn among the main tradi- tions in moral philosophy as to the role they assign to the emotions, and to the particular emotions that they evaluate positively and nega- tively. Here are some examples. Utilitarianism is often presented as a the- ory which simply articulates an ideal of sympathy, where the morally right action is the one that would be favored by someone who is equally sympathetic to the pleasure and pains of all sentient beings. And, on another level, utilitarianism tends to evaluate highly actions motivated by sympathy and compassion, and to evaluate negatively actions motivated by malice and spite. Kantianism (or deontology, as it is often called) has a completely different structure and, conse- quently, a different attitude towards the emotions. It conceives of morality as the self-imposed laws of rational agents, and no emotion is thought to be involved in the generation of these laws. It is true that Kant himself does find a special role for the emotion—if that is the right word—of respect for rational agents and for the laws they impose on themselves. But Kant seems to regard respect as a sort of effect within us of our own inscrutable moral freedom, and not as the source of moral legislation.