The Forces of Law: Duty, Coercion, and Power.Leslie Green -2016 -Ratio Juris 29 (2):164-181.detailsThis paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. We cannot determine how (...) important coercion is to the efficacy of law until we know what counts as coercive force. The question of what counts as coercion is not a matter for generalization or stipulation. It requires an explanation of the concept of coercion. (shrink)
(1 other version)Intensity and the Sublime: Paying Attention to Self and Environment in Nature Sports.Leslie A. Howe -2017 -Sport, Ethics and Philosophy 13 (1):1-13.detailsThis paper responds to Kevin Krein’s claim in that the particular value of nature sports over traditional ones is that they offer intensity of sport experience in dynamic interaction between an athlete and natural features. He denies that this intensity is derived from competitive conflict of individuals and denies that nature sport derives its value from internal conflict within the athlete who carries out the activity. This paper responds directly to Krein by analysing ‘intensity’ in sport in terms of the (...) relationship between attention and reflection and the interaction between self and environment. I reply directly to Krein’s rejection of self-competition as based on a mischaracterisation of internal struggle and argue that the weighing of incompatible desires does not involve a fragmented self. I argue that the unique intensity to which Krein refers is strongly comparable to the Kantian conception of the sublime and explore how sublime experience fits Krein’s account and outline some serious problems that such an ideal of experience poses for nature sport. (shrink)
The duty to govern.Leslie Green -2007 -Legal Theory 13 (3-4):165-185.detailsContemporary legal philosophers have focussed their attention on two aspects of the general theory of authority: the issue of legitimacy and the issue of obligation . In John Finnis's work we have a powerful statement of the importance of a third issue: the problem of governance . This paper explores the nature of this duty, its foundations, and its relation to the other aspects of a theory of authority.
Necessary Knowledge: Piagetian Perspectives on Constructivism.Leslie Smith &Leslie Allan Smith -1993 - Psychology Press.detailsThe main conclusion drawn in this text is that Piaget's accounts of the construction of necessary knowledge continue to have an intelligible and respectable bases.
No categories
On being tolerated.Leslie Green -2008 - In Matthew H. Kramer,The legacy of H.L.A. Hart: legal, political, and moral philosophy. New York: Oxford University Press.detailsWhy is it that toleration can be uncomfortable for the tolerated? And how should tolerators respond to that discomfort? This paper argues that properly directed toleration can be deficient in its scope, grounds or spirit. That explains some of the discomfort in being tolerated. Beyond this, the occasions for toleration - the existence of a power to prevent and of an adverse judgment - can also make toleration sting. The paper then explores and rejects two familiar suggestions about how one (...) should respond to this discomfort: with acceptance or recognition of the tolerated. It is proposed instead that toleration should be supplemented by understanding. The nature and importance of this attitude are assessed. (shrink)
Oxford Studies in Philosophy of Law: Volume 2.Leslie Green &Brian Leiter (eds.) -2013 - Oxford University Press.detailsOxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.
No categories
On Bataille: Critical Essays.Leslie Anne Boldt-Irons (ed.) -1995 - State University of New York Press.detailsEssays on the French writer and critic Georges Bataille, that examine his thought in relation to Hegel, Nietzsche, and Derrida.
Simulation, seduction, and bullshit: cooperative and destructive misleading.Leslie A. Howe -2017 -Journal of the Philosophy of Sport 44 (3):300-314.detailsThis paper refines a number of theoretical distinctions relevant to deceptive play, in particular the difference between merely misleading actions and types of simulation commonly considered beyond the pale, such as diving. To do so, I rely on work in the philosophy of language about conversational convention and implicature, the distinction between lying and misleading, and their relation to concepts of seduction and bullshit. The paper works through a number of possible solutions to the question of what is wrong with (...) simulation and its difference from strategic fouling, including the argument that games and their rules operate like contracts. I conclude that the wrongness lies in the injustice of unfair advantage gained through actions that silence opposition by resort to unanswerable play. (shrink)
The Anthropology of Peace and Nonviolence.Leslie E. Sponsel -2014 -Diogenes 61 (3-4):30-45.detailsThe pioneering ideas of Glenn D. Paige for a paradigm shift from killing to nonkilling are highlighted. The relevance of anthropology for this paradigm is advanced. The accumulating scientific evidence proves that nonviolent and peaceful societies not only exist, but are actually the norm throughout human prehistory and history. This scientific fact is elucidated through a historical inventory of the most important documentation. Ethnographic cases are summarized of the Semai as a nonviolent society, the transition from killing to nonkilling of (...) the Waorani, and the critiques of the representation of the Yanomami as a killing society. Several of the most important cross-cultural studies are discussed. The assertions of some of the most vocal opponents to this paradigm are refuted. The systemic cultural and ideological bias privileging violence and war over nonviolence and peace is documented. (shrink)
First person epistemology.Leslie Stevenson -1999 -Philosophy 74 (4):475-497.detailsI argue that the distinction between first-person present and other-directed contexts of justification throws new light on epistemology. In particular, it has implications for the relations between justification, knowledge and truth, the debate between externalism and internalism, and the prospects for reflective equilibrium. I suggest that to focus on the third-person questions about knowledge or justification is to risk missing the main point of epistemology, namely to help us make reflective judgments about what to believe.
Respect as a Moral Response to Workplace Incivility.Leslie Sekerka &Marianne Marar Yacobian -2019 -Philosophy of Management 18 (3):249-271.detailsWith the rise of incivility in organizational settings, coupled with an increase in discriminatory behavior around the world, we explain how these concerns have merged to become a pervasive workplace ethical issue. An ethical-decision making model is presented that is designed to help employees address issues of incivility with a moral response action, using Islamophobia and/or anti-Muslimism as an example. By adopting a proactive moral strength-based approach to embrace and address this issue, we hope to promote respect while also mitigating (...) the lack of its presence. We explicate potential cognitive and affective influences that support an organizational member’s desire and decision to respond to incivility in a reverential manner. Given the propensity for employees to turn away, become apathetic, or to simply ignore wrongdoing, scholars need to illustrate how a path to respectful behavior can be achieved. Our model highlights variables like group norms and anticipated emotions, punctuated by different forms of self-regulation. A Kantian view, underscoring the worth of every person, underpins our appeal. (shrink)
Coping With COVID-19: The Benefits of Anticipating Future Positive Events and Maintaining Optimism.Calissa J.Leslie-Miller,Christian E. Waugh &Veronica T. Cole -2021 -Frontiers in Psychology 12:646047.detailsIn early 2020, the COVID-19 pandemic forced a large portion of the world into quarantine, leading to an extensive period of stress making it necessary to explore regulatory techniques that are effective at stimulating long-lasting positive emotion. Previous research has demonstrated that anticipating positive events produces increases in positive emotion during discrete stressors. We hypothesized that state and trait positive anticipation during the COVID-19 pandemic would be associated with increased positive emotions. We assessed how often participants thought about a future (...) positive/negative/neutral event, activity, or goal through a daily reconstruction method that represented a “day in the life” of people in the United States during the early stages of the COVID-19 pandemic. The results of multi-level modeling and mediational analyses demonstrated that higher optimism, one form of trait positive anticipation, was related to higher state positive anticipation, which was in turn related to higher positive emotions during the current episode, which persisted to the next episode. In addition, both optimism and state positive anticipation were related to adaptive responses to the pandemic. These findings suggest that anticipation of future emotional experiences and hopefulness for the future can be a powerful predictor of positive emotions during global pandemics and perhaps other similar chronic stressors. (shrink)
Challenging the profiles of a plagiarist: a study of abstracts submitted to an international interdisciplinary conference.Leslie Seawright,Elizabeth Schmidt,Troy Bickham &Amy Hodges -2017 -International Journal for Educational Integrity 13 (1).detailsMuch of the current literature on plagiarism focuses on students, attempting to understand how students view the concept of plagiarism, the best ways to prevent it, and the impact of collaboration on the concept of original authorship. In this article, we look at the role of plagiarism in 761 conference abstracts written by graduate students, early- to late-career faculty, and industry representatives, representing institutions from nearly 70 countries. These abstracts were submitted for participation in an international conference focused on the (...) liberal arts hosted by our institution over the past four years. This study analyzes the corpus for patterns of plagiarism among professional academic writers. Our findings indicate that, while other demographic categories were not consistent indicators of text-matching, full professors were the most prevalent group to produce self-plagiarized abstracts. Overall, our study illuminates the significance of power dynamics in conferences’ efforts to maintain academic integrity. (shrink)
No categories
Wittgenstein’s and Gombrich’s Parallel Therapeutic Projects and Art Education.Leslie Cunliffe -2015 -Journal of Aesthetic Education 49 (1):20-35.detailsThis article explores parallel tendencies in Ludwig Wittgenstein’s and Ernst Gombrich’s thinking that aimed to dissolve misconceptions about mind, culture, and art that emerged in modernity but that continue to influence current art education. Section one gives an overview of Wittgenstein’s and Gombrich’s therapeutic projects, which drew on perspicuity and genealogy to eliminate confusions in thinking, rather than advance new theories. The second section illustrates Wittgenstein’s and Gombrich’s curative response to modern misconceptions about mind and culture. The analysis is extended (...) in a thematic way to dissolve similar misconceptions that prevail in current art education. The aim of the article is to provide conditions for sustaining better practices of art education. (shrink)
(1 other version)The “Rough Stones” of Aegina: Pindar, Pausanias, and the Topography of Aeginetan Justice.Leslie Kurke -2017 -Classical Antiquity 36 (2):236-287.detailsThis paper considers Pindar's diverse appropriations of elements of the sacred topography of Aegina for different purposes in epinikia composed for Aeginetan victors. It focuses on poems likely performed in the vicinity of the Aiakeion for their different mobilizations of a monument that we know from Pausanias stood beside the Aiakeion—the tomb of Phokos, an earth mound topped with the “rough stone” that killed him. The more speculative final part of the paper suggests that it may also be possible to (...) track a coherent ideology attached to the island's sacred topography across several Aeginetan odes, thereby detecting a broader structural unity that accompanies and frames the different individual appropriations of different poems. This part starts from Pausanias’ mythic narrative of the exemplary justice of Aiakos banishing his own son Telamon as the aetiology for a distinctive Aeginetan justice system inscribed in a whole set of man-made monuments that ring the island with concentric circles of rough stones. (shrink)
Freedom of judgement in Descartes, Hume, Spinoza and Kant.Leslie Stevenson -2004 -British Journal for the History of Philosophy 12 (2):223 – 246.detailsIs our judgement of the truth-value of propositions subject to the will? Do we have any voluntary control over the formation of our beliefs – and if so, how does it compare with the control we have over our actions? These questions lead into interestingly unclear philosophical and psychological territory which remains a focus of debate today. I will first examine the classic early modern discussions in Descartes, Spinoza and Hume. Then I will review some relevant themes in Kant, including (...) some lesser-known material from his lectures on ‘Logic’. Kant’s critical philosophy makes important appeal to the notion of ‘spontaneity’ or mental activity, but I argue that there are five different kinds of spontaneity in Kant which need distinguishing. I hope thus to achieve some clarification of the differences between theoretical judgements and practical decisions. (shrink)
Quality Assured Science: Managerialism in Forensic Biology.MylesLeslie -2010 -Science, Technology, and Human Values 35 (3):283-306.detailsThis article takes as its point of departure the idea that the adoption of managerial principles to ensure the quality of DNA evidence is an accident of history which has changed the ways forensic biology is conducted and forensic biologists think. I begin by defining managerialism and tracking its entry into the contentious world of forensic biology, asking how it is that a focus on efficiency and precise process control is affecting these labs. My analysis unfolds in two parts. I (...) first look at the external inspection routines that assure quality in forensic labs and the degree to which these routines represent ‘‘self” rather than ‘‘peer” assessment. I next look at the internal lab quality assurance routines that facilitate managerial control of technical and scientific workers, noting that QA is a trope flexible enough to govern both the numerically auditable and quasirobotic activities of technicians along with the less tangible more consensus-based human interactions of scientists. Illustrating that ‘‘science” is being pushed aside by management imperatives, I examine the consequences of this new emphasis for both the lab workers and the criminal justice system. (shrink)
No categories
Measurements, Morality, and the Politics of âNormalâ Infant Growth.Leslie Butt -1999 -Journal of Medical Humanities 20 (2):81-100.detailsAlthough the birth and early life of an infant is similar throughout the world, meanings ascribed to infants differ according to cultural values and beliefs. This essay describes how scholars and healers have come to see the infant as distinct from other types of people, and what implications this distinction carries for how health care is practiced. The first portion of this essay explores how understanding of the infant, particularly the well-accepted notion of “normal” infant growth and development, came to (...) prominence. Drawing from the history of medicine, philosophical thought and colonial practice, this essay demonstrates that the roots of thinking about the infant in terms of his growth are deep and well-defined in North American and European ideologies. The second portion of this essay describes the practical applications and political implications of beliefs about the “normal” infant. In the arena of applied health, policy makers measure infant growth in light of assumptions about the “normal.” A case study of indigenous populations in Irian Jaya, Indonesia, shows that these measurements are highly political. Here government health officials create and manipulate statistics to ensure that indigenous infant health is represented as being below “normal.” The “normal” infant can thus be understood as a subtle and effective construct which, in Irian Jaya, at the least, is used to assimilate indigenous people into the nation-state. (shrink)
Surprise Billing as a Source of Vulnerability—An Ethics Question Indeed.Leslie Kuhnel -2020 -American Journal of Bioethics 20 (8):114-116.detailsVolume 20, Issue 8, August 2020, Page 114-116.
A Cosmos Existing Through Ethical Necessity.JohnLeslie -2009 -Philo 12 (2):172-187.detailsThe paper develops a Platonic and Spinozistic metaphysics. With an unprovable yet absolute necessity, the cosmos exists just because of the ethical need for it. We, and all the intricate structures of our universe, exist as intricately structured thoughts in a divine mind. This mind could contain infinitely many other universes as well, and minds of the same kind could exist in infinite number. Evidence for this is supplied by the finely tuned orderliness of our universe, and by the sheer (...) fact that any universe exists. (shrink)
No categories