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Full-Text Articles in Philosophy

The Risks Of Revolution: Ethical Dilemmas In 3d Printing From A Us Perspective, Erica L. Neely Oct 2016

The Risks Of Revolution: Ethical Dilemmas In 3d Printing From A Us Perspective, Erica L. Neely

Philosophy and Religion Faculty Scholarship

Additive manufacturing has spread widely over the past decade, especially with the availability of home 3D printers. In the future, many items may be manufactured at home, which raises two ethical issues. First, there are questions of safety. Our current safety regulations depend on centralized manufacturing assumptions they will be difficult to enforce on this new model of manufacturing. Using current US law as an example, I argue that consumers are not capable of fully assessing all relevant risks and thus continue to require protection any regulation will likely apply to plans, however, not physical objects. Second, there are intellectual ...


Neuroethics: Neurolaw, Stephen J. Morse Sep 2016

Neuroethics: Neurolaw, Stephen J. Morse

Faculty Scholarship at Penn Law

This is a pre-copyedited version of a chapter in the Oxford Handbooks Online (Philosophy) edited by Sandy Goldberg. In altered form, it was published online in February, 2017 and can be found at the Oxford Handbooks Online website. The entry discusses whether the findings of the new neuroscience based largely on functional brain imaging raise new normative questions and entail normative conclusions for ethical and legal theory and practice. After reviewing the source of optimism about neuroscientific contributions and the current scientific status of neuroscience, it addresses a radical challenge neuroscience allegedly presents: whether neuroscience proves persons do not have ...


How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson Aug 2016

How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

This is a chapter from the new book The Vigilante Echo. Previous chapters have made clear that some vigilantism can be morally justified where the government has failed in its promise under the social contract to protect and to do justice. But this chapter explains how even moral vigilante action can be problematic for the larger society. Vigilantes may try to do the right thing but are likely to lack the training and professional neutrality of police. They may be successful, but only on pushing the crime problem to an adjacent neighborhood. Because their open lawbreaking may seem admirable to ...


Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson Aug 2016

Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic ...


The Wooden Doctrine: Basketball, Moral Character, And The Successful Life, Janelle Dewitt Aug 2016

The Wooden Doctrine: Basketball, Moral Character, And The Successful Life, Janelle Dewitt

Center for the Study of Ethics in Society Papers

No abstract provided.


Crispr Humans: Ethics At The Edge Of Science, Insoo Hyun Aug 2016

Crispr Humans: Ethics At The Edge Of Science, Insoo Hyun

Center for the Study of Ethics in Society Papers

No abstract provided.


The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael Jun 2016

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that describe ...


A Constitutional Political Economy Perspective On The Colonization Of Mars, Shashank Sirivolu Apr 2016

A Constitutional Political Economy Perspective On The Colonization Of Mars, Shashank Sirivolu

Honors Theses (PPE)

NASA has released an account of the agency's plans for a mission to Mars. Private organizations, like SpaceX, too have expressed a goal to visit or, in some cases, even establish settlements on Mars. Yet the prospect of establishing settlements, that is, colonizing - as opposed to simply exploring - raises a number of issues. The focus of this study is on the emergence of institutions and organizations on an extraterrestrial planet like Mars. Specifically, the thesis will explore the conscious design of organizations and institutions of collective action, from the Constitutional Political Economy perspective.


Law And The Sciences Of The Brain/Mind, Stephen J. Morse Apr 2016

Law And The Sciences Of The Brain/Mind, Stephen J. Morse

Faculty Scholarship at Penn Law

This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to them, and the achievements of the new sciences, the chapter confronts the claim that these sciences prove that we are really not ...


Registered Savings Plans And The Making Of Middle Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps Apr 2016

Registered Savings Plans And The Making Of Middle Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps

Articles & Book Chapters

Politicians across Canada’s political spectrum strive to position themselves as defenders of the middle class, and tax policy is a prime vehicle for making this pitch. Any tax reform proposal can be examined critically to evaluate its likely distributional impacts and how well these map onto specific definitions of the middle class. This article attempts, however, a different project. Drawing on the ideas of Judith Butler, it analyzes instead how tax policy produces middle-class identity through the very process of claiming to advance middle-class interests. The case study for this purpose is the rise of tax incentives for saving ...


The Germans And Their Nazi Past: To What Extent Have They Accepted Responsibility?, Martin Hille Apr 2016

The Germans And Their Nazi Past: To What Extent Have They Accepted Responsibility?, Martin Hille

Center for the Study of Ethics in Society Papers

No abstract provided.


Common Knowledge: Epistemology And The Beginnings Of Copyright Law, Jonathan Scott Enderle Mar 2016

Common Knowledge: Epistemology And The Beginnings Of Copyright Law, Jonathan Scott Enderle

Scholarship at Penn Libraries

Literary critics’ engagement with copyright law has often emphasized ontological questions about the relation between idealized texts and their material embodiments. This essay turns toward a different set of questions—about the role of texts in the communication of knowledge. Developing an alternative intellectual genealogy of copyright law grounded in the eighteenth-century contest between innatism and empiricism, I argue that jurists like William Blackstone and poets like Edward Young drew on Locke’s theories of ideas to articulate a new understanding of writing as uncommunicative expression. Innatists understood texts as tools that could enable transparent communication through a shared stock ...


The Legal Limits Of “Yes Means Yes”, Paul H. Robinson Jan 2016

The Legal Limits Of “Yes Means Yes”, Paul H. Robinson

Faculty Scholarship at Penn Law

This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly ...


Raj Rajaratnam: Cheater (Revised), Alicia Baker Jan 2016

Raj Rajaratnam: Cheater (Revised), Alicia Baker

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.


Reparations For Racism: Why The Persistence Of Institutional Racism In America Demands More Than Equal Opportunity For Black Citizens, Alexander Lowe Jan 2016

Reparations For Racism: Why The Persistence Of Institutional Racism In America Demands More Than Equal Opportunity For Black Citizens, Alexander Lowe

Richard T. Schellhase Essay Prize in Ethics

No abstract provided.


Modest Retributivism, Mitchell N. Berman Jan 2016

Modest Retributivism, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


The Ancient Near Eastern And Biblical Roots Of Human Trafficking By Isis, Hector I. Avalos Jan 2016

The Ancient Near Eastern And Biblical Roots Of Human Trafficking By Isis, Hector I. Avalos

Philosophy and Religious Studies Publications

My first substantive engagement with the study of human trafficking came while I was researching my book, Slavery, Abolitionism, and the Ethics of Biblical Scholarship.1 Therein, I tried to show that most of biblical scholarship remains an apologetic enterprise despite its claims to be engaging in historico-critical scholarship. I cited many examples of how modern scholars attempt to place biblical slavery in a more benign light compared to other ancient Near Eastern cultures or to modern forms of slavery. A substantial portion of modern scholarship believes that biblical, and especially Christian, principles ultimately were responsible for abolition.


Pining Away In The Midst Of Plenty: The Irony Of Rorty's Either/Or Philosophy, Susan Haack Jan 2016

Pining Away In The Midst Of Plenty: The Irony Of Rorty's Either/Or Philosophy, Susan Haack

Articles

No abstract provided.


Aggregating Moral Preferences, Matthew D. Adler Jan 2016

Aggregating Moral Preferences, Matthew D. Adler

Faculty Scholarship

Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. “Ideal-advisor” accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, what are the moral facts (in particular, the comparative moral goodness of the alternatives) when the advisors do diverge ...


Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship at Penn Law

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking ...