Rationality and freedom are among the most profound and contentious concepts in philosophy and the social sciences. In two volumes on rationality, freedom, and justice, the distinguished economist and philosopher Amartya Sen brings clarity and insight to these difficult issues. This volume--the first of the two--is principally concerned with rationality and freedom.
Sen scrutinizes and departs from the standard criteria of rationality, and shows how it can be seen in terms of subjecting one's values as well as choices to the demands of reason and critical scrutiny. This capacious approach is utilized to illuminate the demands of rationality in individual choice (including decisions under uncertainty) as well as social choice (including cost benefit analysis and environmental assessment).
Identifying a reciprocity in the relationship between rationality and freedom, Sen argues that freedom cannot be assessed independently of a person's reasoned preferences and valuations, just as rationality, in turn, requires freedom of thought. Sen uses the discipline of social choice theory (a subject he has helped to develop) to illuminate the demands of reason and the assessment of freedom. The latter is the subject matter of Sen's previously unpublished Arrow Lectures included here.
The essays in these volumes contribute to Sen's ongoing transformation of economic theory and social philosophy, and to our understanding of the connections among rationality, freedom, and social justice.
In Reading Wittgenstein with Anscombe, Going On to Ethics, Cora Diamond follows two major European philosophers as they think about thinking, as well as about our ability to respond to thinking that has miscarried or gone astray. Acting as both witness to and participant in the encounter, Diamond provides fresh perspective on the importance of the work of these philosophers and the value of doing philosophy in unexpected ways.
Diamond begins with the Tractatus (1921), in which Ludwig Wittgenstein forges a link between thinking about thought and the capacity to respond to misunderstandings and confusions. She then considers G. E. M. Anscombe’s An Introduction to Wittgenstein’s Tractatus (1959), in which Anscombe, through her engagement with Wittgenstein, further explores the limits of thinking and the ability to respond to thought that has gone wrong. Anscombe’s book is important, Diamond argues, in challenging contemporary assumptions about what philosophical problems are worth considering and about how they can be approached. Through her reading of the Tractatus, Anscombe exemplified an ethics of thinking through and against the grain of common preconceptions. The result drew attention to the questions that mattered most to Wittgenstein and conveyed with great power the nature of his achievement.
Diamond herself, in turn, challenges Anscombe on certain points, thereby further carrying out just the kind of ethical work Wittgenstein and Anscombe each felt was crucial to getting things right. Through her textured engagement with her predecessors, Diamond demonstrates what genuinely independent thought is able to achieve.
America is a wonderful and magnificent country that affords its citizens the broadest freedoms and the greatest prosperity in the world. But it also has its share of warts. It is embroiled in a war that many of its citizens consider unjust and even illegal. It continues to ravage the natural environment and ignore poverty both at home and abroad, and its culture is increasingly driven by materialism and consumerism. But America, for better or for worse, is still a nation that we have built. So why then, asks Albert Borgmann in this most timely and urgent work, are we failing to take responsibility for it?
In Real American Ethics, Borgmann asks us to reevaluate our role in the making of American values. Taking his cue from Winston Churchill—who once observed that we shape our buildings, and then our buildings shape us—Borgmann considers the power of our most enduring institutions and the condition of our present moral makeup to propose inspired new ways in which we, as ordinary citizens, can act to improve our country. This, he shows, includes everything from where we choose to live and what we spend our money on to daunting tasks like the reshaping of our cities—habits and actions that can guide us to more accomplished and virtuous lives. Using prose that is easy and direct throughout, Borgmann’s position is grounded neither by conservative nor liberal ideology, but in his understanding that he is a devoted citizen among many.
In an age in which the blame game is the only game in town, this patriotic book is an eloquent reminder of the political strength we all wield when we work together.
Is unethical conduct necessarily irrational? Answering this question requires giving an account of practical reason, of practical good, and of the source or point of wrongdoing. By the time most contemporary philosophers have done the first two, they have lost sight of the third, chalking up bad action to rashness, weakness of will, or ignorance. In this book, Candace Vogler does all three, taking as her guides scholars who contemplated why some people perform evil deeds. In doing so, she sets out to at once engage and redirect contemporary debates about ethics, practical reason, and normativity.
Staged as a limited defense of a standard view of practical reason (an ancestor of contemporary instrumentalist views), Vogler's essay develops Aquinas's remark about three ways an action might be desirable into an exhaustive system for categorizing reasons for acting. Drawing on Elizabeth Anscombe's pioneering work on intention, Vogler argues that one sort (means/end or calculative reasons for acting) sets the terms for all sound work on practical rationality.
She takes up Aquinas's work on evil throughout, arguing that he provides us with a systematic theory of immorality that takes seriously the goods at issue in wrongdoing and the reasons for unethical conduct. Vogler argues that, shorn of its theological context, this theory leaves us with no systematic, uncontroversial way of arguing that wrongdoing is necessarily contrary to reason.
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory.
Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly.
Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity.
Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Providing a bold and original rethinking of environmental ethics, Ben Minteer's Refounding Environmental Ethics will help ethicists and their allies resolve critical debates in environmental policy and conservation practice.
Minteer considers the implications of John Dewey's pragmatist philosophy for environmental ethics, politics, and practice. He provides a new and compelling intellectual foundation for the field—one that supports a more activist, collaborative and problem-solving philosophical enterprise.
Combining environmental ethics, democratic theory, philosophical pragmatism, and the environmental social sciences, Minteer makes the case for a more experimental, interdisciplinary, and democratic style of environmental ethics—one that stands as an alternative to the field's historically dominant “nature-centered” outlook.
Minteer also provides examples of his pragmatic approach in action, considering a wide range of application and issues, including invasive species, ecological research, biodiversity loss, protected area management, and conservation under global climate change.
In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person.
Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence.
Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.
In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, people’s material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality.
In the course of providing a deep and sophisticated critique of Rawls’s theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making.
Cohen also charges Rawls’s constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality.
Ecological restoration integrates the science and art of repairing ecosystems damaged by human activities. Despite relatively little attention from environmental ethicists, restoration projects continue to gain significance, drawing on citizen volunteers and large amounts of public funds, providing an important model of responding to ecological crisis. Projects range from the massive, multi-billion dollar Kissimmee River project; restoring 25,000 acres of Everglades' wetlands; to the $30 million effort to restore selected wetlands in industrial Brownfield sites in Chicago's south side Lake Calumet area; to the reintroduction of tall grass prairie ecosystems in various communities in the Midwest.
Restored to Earth provides the first comprehensive examination of the religious and ethical dimensions and significance of contemporary restoration practice, an ethical framework that advances the field of environmental ethics in a more positive, action-oriented, experience-based direction. Van Wieren brings together insights and examples from restoration ecology, environmental ethics, religious studies, and conservation and Christian thought, as well as her own personal experiences in ecological restoration, to propose a new restoration ethic grounded in the concrete, hands-on experience of humans working as partners with the land.
In our globalized world, differing conceptions of human nature and human values raise questions as to whether universal and partisan claims and perspectives can be reconciled, whether interreligious and intercultural conversations can help build human community, and whether a pluralistic ethos can transcend uncompromising notions as to what is true, good, and just.
In this volume, world-class scholars from religious studies, the humanities, and the social sciences explore what it means to be human through a multiplicity of lives in time and place as different as fourth-century BCE China and the world of an Alzheimer’s patient today. Refusing the binary, these essays go beyond description to theories of aging and acceptance, ethics in caregiving, and the role of ritual in healing the inevitable divide between the human and the ideal.
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation.
Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows.
Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms.
Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the recent Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork’s questions about scope, content, and legal justification for a general right to privacy and emphasizes issues involving gays and lesbians, Samar maintains that these privacy issues share a common constitutional-ethical underpinning with issues such as abortion, surrogate motherhood, drug testing, and the right to die.
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