Morality and Character Development: the Roles of Capitalism
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Originalism, Vintage Or Nouveau: “He Said, She Said” Law
Fordham Law Review Volume 82 Issue 2 Article 10 2013 Originalism, Vintage or Nouveau: “He Said, She Said” Law Tara Smith University of Texas at Austin Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Tara Smith, Originalism, Vintage or Nouveau: “He Said, She Said” Law, 82 Fordham L. Rev. 619 (2013). Available at: https://ir.lawnet.fordham.edu/flr/vol82/iss2/10 This Symposium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ORIGINALISM, VINTAGE OR NOUVEAU: “HE SAID, SHE SAID” LAW Tara Smith* INTRODUCTION: AN OVERVIEW OF ORIGINALISM’S BASIC FAILURE I begin with a brief overview of originalism’s central failings. I then consider three lines of defense that help to explain its resilient appeal and proceed to critique those three lines of reasoning. Through its various incarnations, I contend, originalism is guilty of a fatal contradiction. Law represents coercion. A legal system governs by force; that is the tool that gives teeth to its rules. I say this not as an indictment of law or of government; it is simply a fact—a fact that is significant to the proper conduct of judicial review. A legal system also works by words, which state the authority that it does and does not possess and how its coercive power will be used. -
Tara Smith's Ayn Rand's Normative Ethics
Review Essay: Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist Carrie-Ann Biondi Marymount Manhattan College There has been in academic philosophy a resurgence of naturalistic virtue ethics that renders it a viable competitor with deontology and utilitarianism, making the timing opportune for the appearance of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist.1 Indeed, Smith in part situates her book within this trend, but also contrasts her explication of how Rand’s rational ethical egoism intersects with virtue theories that have at best “danced around the edges of egoism” (p. 1). Thus far, Smith’s book has been generally well received in the few reviews it has gotten,2 especially by scholars and advocates of Rand’s Objectivism. However, some attention from mainstream philosophers, even by those who are sympathetic readers,3 reveals that contemporary moral philosophers struggle to understand the nuanced value theory underlying Objectivism and are slow to embrace full-fledged egoism. This is hardly surprising, given that many (if not most) ethics 1 Tara Smith, Ayn Rand’s Normative Ethics: The Virtuous Egoist (New York: Cambridge University Press, 2006). 2 See Stephen Hicks, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Philosophy in Review 27, no. 5 (October 2007), pp. 377-79; Helen Cullyer, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Notre Dame Philosophical Reviews (November 12, 2006), accessed online at: http://ndpr.nd.edu/review.cfm?id=8123; Robert Mayhew, “Review of Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Philosophical Books 49, no. -
The Theory of the Corporation by Norman Barry
MARCH 2003 The Theory of the Corporation by Norman Barry ver a topic of dispute for observers of share ownership provides. Free transfer of capitalism, the corporation has been shares, the main feature of corporate capi- undergoing increased scrutiny in the talism, produces that flexibility which is the Elight of current business scandals. While envy of other free enterprise forms. other forms of capitalist enterprise, such as The major problem is its apparent “privi- partnerships and single proprietorships, leges”; that is, it is claimed that the corpora- have avoided some of the wrath of socialist tion can do things that private individuals or agitators, the limited-liability corporation, business partnerships cannot do, and critics public or private, has had to endure the crit- argue that these advantages have to be paid icism of some market advocates as well as back to society. In other words, the corpora- socialists. Of course, now that most sensible tion operates under some kind of politically collectivists know that real socialism doesn’t granted license, which has to be earned. work, they have had to use a different intel- Business ethics starts from this assumption. lectual methodology to buttress their anti- Thus Thomas M. Jones wrote: “the corpora- capitalist predilections. They have chosen tion which acts in a socially responsible morality. This has turned out to be quite manner may simply be paying back society effective. Moral arguments are pretty much for the social costs of doing business, irrefutable, whereas economic ones can be costs for which firms rarely receive an subjected to some kinds of theoretical and invoice.”1 When he was secretary of labor empirical tests. -
Philosophical Foundations of Capitalism
Capitalism and Morality _________________________ Philosophical Foundations of Capitalism Edward W. Younkins Professor of Accountancy Wheeling Jesuit University The power of ideas is great. If we are to educate, persuade, and convert others to free-market thinking, we need to articulate, in structured form, the conceptual and moral foundations of free enterprise. We are obliged to expound a coherent and consistent body of principles that are in accord with reality and that properly reflect and explain capitalism. In other words, we must approach the idea of free enterprise from a philosophical point of view. The survival of free enterprise may be in jeopardy unless people understand its conceptual and moral foundations. Capitalism is a rational doctrine based on a clear understanding of man and society in which economics, politics, and morality (all parts of one inseparable truth) are found to be in harmony with one another. Capitalism as defined in this essay involves that set of economic arrangements that would exist in a society in which the state’s only function would be to prevent one person from using force or fraud against another person. The enclosed exhibit provides an example model or diagram of the conceptual foundations of capitalism that are consistent with the nature of man and the world. The development of a conceptual framework is a natural endeavor that is undertaken in most areas that have claims to be called scientific or based on real world conditions. Frameworks for thinking about reality have long been the basis for organized knowledge. Constructing a set of ideas about real world objects, events, and occurrences would serve as a framework for a realistic political and economic system. -
Ralph Raico: Champion of Authentic Liberalism Daniel P
State University of New York College at Buffalo - Buffalo State College Digital Commons at Buffalo State History Theses History and Social Studies Education 12-2012 Ralph Raico: Champion of Authentic Liberalism Daniel P. Stanford [email protected] Advisor Gary Marotta, Ph.D., Professor of History First Reader Gary Marotta, Ph.D., Professor of History Second Reader John D. Abromeit, Ph.D., Assistant Professor of History Department Chair Andrew D. Nicholls, Ph.D., Professor of History To learn more about the History and Social Studies Education Department and its educational programs, research, and resources, go to http://history.buffalostate.edu/. Recommended Citation Stanford, Daniel P., "Ralph Raico: Champion of Authentic Liberalism" (2012). History Theses. Paper 13. Follow this and additional works at: http://digitalcommons.buffalostate.edu/history_theses Part of the European History Commons, Intellectual History Commons, and the United States History Commons Ralph Raico: Champion of Authentic Liberalism by Daniel P. Stanford An Abstract of a Thesis in History Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts December 2012 College at Buffalo State University of New York Department of History 1 ABSTRACT OF THESIS Ralph Raico: Champion of Authentic Liberalism This paper explores the intellectual life and writings of Professor Emeritus in History at Buffalo State College, Ralph Raico. The central thesis seeks to portray Professor Raico as the great modern libertarian revisionist historian, and the great modern champion of historical, classical liberalism. More broadly, the work attempts to solidify Professor Raico’s reputation as a major figure in the modern American libertarian movement. Raico’s intellectual foundations are fully developed, beginning from grade school at Bronx High School of Science, to his attendance of Ludwig von Mises’s New York University seminar, to his P.h.D. -
Tara Smith's Ayn Rand's Normative Ethics: a Positive Contribution?
Reason Papers Vol. 35, no. 1 Response to Eyal Mozes, “Tara Smith’s Ayn Rand’s Normative Ethics: A Positive Contribution?” Carrie-Ann Biondi Marymount Manhattan College Irfan Khawaja Felician College 1. Introduction In this discussion note, we respond to Eyal Mozes’s critique of Tara Smith’s Ayn Rand’s Normative Ethics via his criticism of Carrie-Ann Biondi’s review of that book in Reason Papers.1 We take issue with Mozes’s discussion of Ayn Rand’s non-conflicts-of-interest principle (NCIP) along with his discussion of the nature of moral virtue. We end by taking issue with his inappropriately moralized conception of philosophical discourse. Since we agree with many (though not all) of Mozes’s claims about emergencies and the scope of morality, we leave those topics undiscussed. 2. Conflicts of Interest Mozes offers two objections to Smith’s discussion of the NCIP: For any book that purports to be a presentation of Rand’s normative ethics, a crucial part of its task is to give an elaborate explanation and defense of Rand’s no-conflicts-of-interest-principle, filling in the details of Rand’s own cursory discussion. In evaluating such a book, I don’t think there’s any question more important than how well it succeeds in explaining and defending this principle. Ayn Rand’s Normative Ethics disgracefully fails in this task.2 We reject every element of this criticism. 1 Tara Smith, Ayn Rand’s Normative Ethics: The Virtuous Egoist (New York: Cambridge University Press, 2006), hereafter ARNE; Carrie-Ann Biondi, “Review Essay: Tara Smith’s Ayn Rand’s Normative Ethics: The Virtuous Egoist,” Reason Papers 30 (Fall 2008), pp. -
John Dewey, Maria Montessori, and Objectivist Educational Philosophy During the Postwar Years
73 Historical Studies in Education / Revue d’histoire de l’éducation ARTICLES / ARTICLES “The Ayn Rand School for Tots”: John Dewey, Maria Montessori, and Objectivist Educational Philosophy during the Postwar Years Jason Reid ABSTRACT Objectivism, the libertarian philosophy established by Ayn Rand during the postwar years, has attracted a great deal of attention from philosophers, political scientists, economists, and English professors alike in recent years, but has not received much notice from historians with an interest in education. This article will address that problem by discussing how Rand and her followers established a philosophy of education during the 1960s and 1970s that was based, in part, on vilifying the so-called collectivist ideas of John Dewey and lionizing the so-called individualist ideas of Maria Montessori. Unfortunately, the narrative that emerged during this time seriously misrepresented the ideas of both Dewey and Montessori, resulting in a some- what distorted view of both educators. RÉSUMÉ L’objectivisme, philosophie libertaire conçue par Ayn Rand dans la période de l’après-guerre, a suscitée beaucoup d’attention de la part des philosophes, politologues, économistes et profes- seurs de littérature anglaise, mais rien de tel chez les historiens de l’éducation. Cet article cor- rige cette lacune, en montrant comment durant les années 1960 et 1970 Rand et ses partisans ont établi une philosophie de l’éducation qui s’appuyait, en partie, sur la diffamation des idées prétendues collectivistes de John Dewey et l’idolâtrie de l’individualisme de Maria Montessori. Malheureusement, leurs travaux ont donné une fausse image des idées de Dewey et Montessori et conséquemment ont déformé les théories ces deux éducateurs. -
Curriculum Vitae Tara Smith September 2016 6008 Aurora Drive Department of Philosophy Austin TX 78757 University Of
Curriculum Vitae Tara Smith September 2016 6008 Aurora Drive Department of Philosophy Austin TX 78757 University of Texas at Austin Cell: (512)-507-3392 2210 Speedway, Stop C3500 [email protected] Austin, TX 78712-1737 (512) 471-6777 Department Fax: (512) 471-4806 Areas of Specialization Ethics, Political Philosophy, Philosophy of Law Education Ph.D. and MA, Philosophy, The Johns Hopkins University, 1989, 1985 Dissertation: "The Inflation of Rights" (Advisors: Susan Wolf, Richard Flathman) B.A., Philosophy and Government, University of Virginia, 1983 magna cum laude, Phi Beta Kappa London School of Economics and Political Science, Spring 1982 Professional Appointments Fall 2005-present, Professor, University of Texas at Austin Fall 1996-2005, Associate Professor, University of Texas at Austin Fall 1989-1996, Assistant Professor, University of Texas at Austin Spring 1989, St. Mary's College of Maryland, Visiting Instructor Summer 1987-Spring 1988, Towson State University, Lecturer 1985-1988, The Johns Hopkins University, Teaching Assistant Publications Books: Judicial Review in an Objective Legal System, Cambridge University Press, 2015, 301 pages. Ayn Rand’s Normative Ethics – The Virtuous Egoist, Cambridge University Press, 2006, 318 pages. Chinese edition, 2010; second Chinese translation, July 2015. Viable Values: A Study of Life as the Root and Reward of Morality, Rowman & Littlefield, 2000, 205 pages. Moral Rights and Political Freedom, Rowman & Littlefield, 1995, 224 pages. Japanese edition, 1997. Articles: Forthcoming: "What Good is Religious Freedom? Locke, Rand, and the Non-Religious Case for Respecting It," Arkansas Law Review vol. 69: 4, February 2017. “Religious Liberty or Religious License? Legal Schizophrenia and the Case Against Exemptions,” Virginia Journal of Law and Politics, vol. -
Objectivist Calendar, P
TABLE OF CONTENTS VOLUME 1-JANUARY TO DECEMBER, 1962 Books: NINETY-THREE by Victor Hugo, reviewed by Ayn Rand. THE GIRL HUNTERS by Mickey Spillane, reviewed by Ayn Rand. January LA.D. Does man possess instincts?-by Nathaniel Branden. War and Peace-by Ayn Rand. Choose Your Issues-by Ayn Rand. "Through Your Most Grievous Fault" -by Ayn Rand. Books: PLANNED CHAOS by Ludwig von Mises, reviewed by Barbara Branden. November Intellectual Ammunition Department: Reason and Emotion - by Nathaniel Branden. Social Metaphysics-by Nathaniel Branden. The Crisis Over Berlin-by Alan Greenspan. Books: EAST MINUS WEST = ZERO by Werner Keller, reviewed by Edith Efron. February The Esthetic Vacuum of Our Age-by Ayn Rand. Women and the Industrial Revolution-by Robert Hessen. Antitrust: The Rule of Unreason-by Ayn Rand. Books: ECONOMICS IN ONE LESSON by Henry Hazlitt, reviewed by December Robert Hessen. LA.D. Ethical hedonism-by Leonard Peikoff. The Monument Builders-by Ayn Rand. LA.D. Individual rights versus society-by Nathaniel Branden. Books: THE ROOSEVELT MYTH by John T. Flynn, reviewed by LA.D. Property rights-by Nathaniel Branden. Barbara Branden. LA.D. The obligations of parents and children-by Nathaniel March Branden. "Have Gun, Wi/J Nudge"-by Ayn Rand. Books: PROSPERITY THROUGH FREEDOM by Lawrence Fertig, re VOLUME 2 -JANUARY TO DECEMBER, 1963 viewed by Edith Efron. LA.D. Capitalism and religion-by Barbara Branden. LA.D. The psychological meaning of man's "need" of approval January by Nathaniel Branden. Collectivized Ethics-by Ayn Rand. April "The Stolen Concept" -by Nathaniel Branden. LA.D. Capital punishment-by Nathaniel Branden. -
Just Sayin'—How the False Equivalence of Speech With
JUST SAYIN’—HOW THE FALSE EQUIVALENCE OF SPEECH WITH ACTION UNDERMINES THE FREEDOM OF SPEECH Tara Smith* ABSTRACT This Article argues that a firm distinction between speech and ac- tion is critical to the preservation of freedom of speech. The line be- tween the two has blurred in recent years in disputes over such things as cake bakers’ artistic freedom to refuse certain clients, disruptions of speakers on college campuses, whether campaign finance restrictions limit spending or speaking, and social media companies’ status as platforms or publishers. For the legal system to resolve such conflicts correctly and to uphold the proper boundaries of individuals’ freedom, a firm grasp of the respective referents of “speech” and “action” is imperative. The Article is in two main parts. First, it presents the basic rationale for a legal system’s treating speech and action differently. It explains that the distinctive concern of the First Amendment is the protection of intellectual activity and demonstrates how the relationship of intellectual activities to the rights of others justifies their special legal status. Second, the Article considers the case for viewing speech and action as more readily intermingled, addressing arguments that, in turn, invoke harm, power, and symbolic speech. On analysis, none of these arguments, I show, vindicates the equation of speech with action. Finally and more briefly, the Article also considers some of the underlying sources of the conflation of speech with action, sketches the proper resolutions of a few of the recent controversies generated by * Professor of Philosophy, BB&T Chair for the Study of Objectivism, and Anthem Foundation Fellow for the Study of Objectivism at the University of Texas at Austin. -
What About Suicide Bombers? a Terse Response to a Terse Objection
Ethics What About Suicide Bombers? A Terse Response to a Terse Objection Marc Champagne On September 11, 2010, after presenting selected technical aspects of a Randian ethic at a prominent academic conference,1 I was confronted with the following objection, somewhat belligerent in tone: “But what about suicide bombers?” What about them? Despite the objection’s contextual timeliness, my initial reaction was to question its topical relevance.2 So I politely requested that the criticism be further unpacked. My interlocutor duly obliged, and I eventually gleaned that murder-suicide (say, in the name of some otherworldly posit) was being adduced as a supposed counterexample to the rational egoist account of values I had just expounded. I don’t recall my exact response, only that I was dissatisfied with it afterwards. The audience member clearly thought he had unearthed a powerful criticism, and the objection, though crude, had the rhetorical merit of brevity. Such an intuitively attractive “sound bite,” I later thought, deserves to be answered in kind. Tellingly, a similar objection to Rand’s metaethics was raised in the pages of this journal. Reviewing Tara Smith’s (2000) pioneering study of Rand’s metaethical ideas, Lester Hunt claims to have discerned some “curious implications” in her views. Upon describing the conduct of a violent wanton who would uncontroversially be classified as morally despicable, Hunt contends that “[t]he position that Smith adopts would seem to mean [. .] that we can pass no moral judgments here at all,” since “[t]he individual involved happens not to desire the end (life) toward which distinctions of right and wrong are means” (2000, 109). -
Materialist Discourse in Academia During the Age of Late Marxism
Materia!ist Discourse in Academia During the Age of Late Marxism Dario Ferndndez-Morera hronicling the last decades of the twentieth century, a future historian of C ideas (or "worker on cultural practices") might describe ours as the Age of Late Marxism, characterized by the plight of the socialist states created during the Age of High Marxism and by the concomitant institutionalizationof materialist discourse in American academia. 1 Some states have thrown out the Communist party, which has prudendy changed its name to "Democratic So- cialism" (the party of "Economic Democracy"). All have turned to the capi- talist West for economic aid and business investments (once dubbed tools of Western international exploitation). Cynicism regarding Marx's teachings had long existed even among the outwardly Marxist Nomenklatura-with the ex- ception of some members of the intelligentsia, who still hoped for a better and (always) future socialism which would salvage the (always) potentially benefic ideas of the founding father. But by the 1980s, Marx and his discourse had become the material of frequently scatological folkloric humor. In the West, "Socialist" and "Social Democratic" parties have fallen back on various forms of the capitalist Welfare State; and while still defending some socialist ideas, they have accepted fundamental capitalist structures and recon- sidered many economic assumptions of the Early Marxist Age. 2 Sweden, which had experimented with an advanced version of the Welfare State, suffers from an economic and cultural stagnation made more remarkable by the world's most humanely controlled citizenry's failure to achieve social contentment.3 In the once-socialist lands, intellectuals read subversive writers like Karl Popper, Gary Becker, Ludwig yon Mises, F.