the macguffin that refuses to die: an investigation into the condition of the sociology of deviance

For decades, and in one form or another, critics have proclaimed the "death" of the sociology of deviance. I contend that these proclamations are without merit, a smokescreen, a red herring--in the words of filmmaker Alfred Hitchcock (1972), a MacGuffin, a device without emotional content that is intended to carry a plot forward. Each critic means something quite different by the claim, and each claim, when carefully examined, contains smuggled-in assumptions that do not withstand scrutiny. It is possible that none of these critics believes the "death" claim, but continue repeating it because it has become a mantra indicating where each stands on symbolic issues. As measured by several empirical criteria, the condition of the field remains, as it has been for decades, quite robust.     

Hobbes's Account of Distributive Justice as Equity

This paper examines the rationale for and grounds and implications of Hobbes's redefinition of distributive justice as equity. I argue that this unprecedented reformulation served to ensure the justness of distributive laws. Hobbes acknowledges that the sovereign can distribute rights and goods iniquitously by failing to treat citizens as equals. However, he insists that improper allocations are not unjust, properly speaking – they do not `wrong' citizens. To support this claim, Hobbes puts forth the un-Aristotelian maxim that merit in distributive justice is due by grace alone. You deserve what the sovereign gives you: there is no desert prior to and independent of his allocation of rights. For Hobbes, distributive justice does not track but create merit. It follows that distributive laws cannot fail to give what is due (which would be unjust). This paper proceeds to analyze the nature of the limits equity sets to the apportionment of goods. I argue that these limits are moral and purely procedural: citizens cannot invoke equity to claim a fair share of the goods distributed. Thanks to Hobbes's redefinition of distributive justice, the justness of the sovereign's conduct, and hence his legal immunity, remains intact.     

Free Will, Art and Morality

The discussion in this paper begins with some observations regarding a number of structural similarities between art and morality as it involves human agency. On the basis of these observations we may ask whether or not incompatibilist worries about free will are relevant to both art and morality. One approach is to claim that libertarian free will is essential to our evaluations of merit and desert in both spheres. An alternative approach, is to claim that free will is required only in the sphere of morality—and that to this extent the art/morality analogy breaks down. I argue that both these incompatibilist approaches encounter significant problems and difficulties—and that incompatibilist have paid insufficient attention to these issues. However, although the analogy between art and morality may be welcomed by compatibilists, it does not pave the way for an easy or facile optimism on this subject. On the contrary, while the art/morality analogy may lend support to compatibilism it also serves to show that some worries of incompatibilism relating to the role of luck in human life cannot be easily set aside, which denies compatibilism any basis for complacent optimism on this subject.     

Character in Epistemology

This paper examines the claim made by certain virtue epistemologists that intellectual character virtues like fair-mindedness, open-mindedness and intellectual courage merit an important and fundamental role in epistemology. I begin by considering whether these traits merit an important role in the analysis of knowledge. I argue that they do not and that in fact they are unlikely to be of much relevance to any of the traditional problems in epistemology. This presents a serious challenge for virtue epistemology. I go on to examine the work of two other virtue epistemologists in light of this challenge and then sketch an alternative approach that reveals how the intellectual virtues might merit a substantial role in epistemology even if not a role in connection with more traditional epistemological projects.     

Voluntarism,Atonement, and Duns Scotus

The two most important concepts in Duns Scotus's (1265/6‐1308) theology of the Atonement are satisfaction and merit. Just what these amount to and how they function in his theory are heavily conditioned by two more general commitments: Scotus's voluntarism, which includes the claim that nearly all of God's relations with the created order are contingent; and his formulation of the Franciscan Thesis, which holds that fixing the sin problem is not the primary purpose of God's Incarnation in Christ and that if Adam hadn't sinned God would have become incarnate anyway. In this essay I will discuss the theoretical background of Scotus's atonement theology—his voluntarism and his version of the Franciscan Thesis—before moving on to discuss his understanding of merit and satisfaction, how these are related, and how they relate to the theoretical background. I will engage some important recent scholarly attempts to position Scotus's Atonement theology as not quite as anti‐Anselmian as history has characterized it, arguing that one of these attributes to Scotus an understanding of merit which cannot be Scotus's in fact, since it entails a restriction on divine freedom that Scotus certainly would reject.     

Is Knowledge of God a Cognitive Achievement?

This essay considers whether reformed epistemology is compatible with the claim that knowledge is a cognitive achievement. It is argued that knowledge of God is not only compatible with a more general achievement claim, but is also compatible with a much stronger achievement claim – namely, the strong achievement thesis where achievements are characterized by the overcoming of some obstacle. With respect to reformed epistemology, then, it is argued that the obstacle that is overcome is an environment that is not conducive to belief in God given the cognitive consequence of sin. This essay suggests two ways in which the agent is involved in the process of overcoming this obstacle.     

Is I Guaranteed to Refer?

Abstract: One claim about I , regularly made and almost universally endorsed, is that uses of the term are logically guaranteed to refer successfully (if they refer at all). The claim is only rarely formulated perspicuously or argued for. Such obscurity helps disguise the fact that those who profess to advance the claim actually turn out to support not a logical guarantee at all but merely high security through fortunate coincidence. This is not surprising. For we have no good reason to accept the claim – granted, any use of I is apt to refer successfully; but that can be explained by pragmatic features of its use. And we have some reason to reject the claim – it is notoriously difficult to see how genuine reference and guaranteed success do not exclude each other when considered as properties of the logic of any term.     

Is World Poverty a Moral Problem for the Wealthy?

This article discusses the question of poverty and wealth in light of several theses put forward by Larry Temkin. The claim that there is a sort of cosmic injustice involved when great disparities of ability or of wealth are found. He is concerned especially about disparities that are undeserved. It is agreed that this is unfortunate, but not agreed that they are unjust in a sense that supports the imposition of rectification on anyone else. Nor is poverty typically “undeserved” in the only really relevant sense: the poor simply do not produce enough to earn them high incomes, and probably correct incomes they derive are indeed what such efforts are worth in the circumstances. That persons with very low incomes may merit our sympathy is accepted, but sympathy leads to charity, rather than to the involuntary exploitation of the better off. The essay concludes with further observations about the relevance of free markets, and points to the iniquities of the restrictions on commerce that are the most potent source of perpetuated poverty today.     

Merit,fit, and basic desert

Basic desert is central to the dispute between compatibilists and incompatibilists over the four-case manipulation argument. I argue that there are two distinct ways of understanding the desert salient to moral responsibility; moral desert can be understood as a claim about fitting responses to an agent or as a claim about the merit of the agent. Failing to recognize this distinction has contributed to a stalemate between both sides. I suggest that recognizing these distinct approaches to moral desert will help clarify a central source of disagreement between compatibilists and incompatibilists and assist both sides in resolving the current stalemate.     

Losing claims of rights

Conclusion I have contended that acting on some principle and complaining when others act in accordance with the same principle in similar circumstances is morally improper. By wrongdoing one forfeits the right to claim the right (s)he disregards in interacting with others. This is not equivalent to a view that one's acting in a certain way justifies others acting in that way, i.e. that by wrongdoing one forfeits rights (s)he disregards in interacting with others. It may still be morally improper to treat malfeasors in the same way they treat us but, I have argued, they cannot themselves claim a right not to be treated in that way.This analysis of the right to claim rights can help explain the change in moral status of wrongdoers in two important ways. First, if there are some non-forfeitable human rights, the loss of moral standing of one who disregards those rights in others can be explained. Second, and perhaps potentially more important, if having a right implies the right holder's being justified in claiming it, we have a basis for saying all human rights are forfeitable.This second position would require a tightening of the link between the right to X and the ancillary right to claim the right to X. I have not undertaken that burden here. Instead, I argued that the loss of the right to claim is, itself, a significant loss.     

Are Some Perfumes Works of Art?

What more do we need to fully appreciate perfumes, beyond considering them objects for aesthetic appreciation? My contention is that our appreciation of some perfumes would be largely incomplete, unless we acknowledged them as works of art. I defend the claim that some perfumes are works of art from the point of view of different definitions. Nick Zangwill's aesthetic definition makes it easy to defend the proposed claim, but is not very informative for the purposes of fully appreciating some perfumes. On the other hand, Jerrold Levinson's intentional-historical definition and Dominic Lopes's approach to defining art make it more challenging to defend the proposed claim. I show that, even so, the challenge may be met. Moreover, the challenge is well worth engaging with, since tackling it uncovers features of some perfumes that are essential to their full appreciation.     

Developmental Systems Theory Formulated as a Claim about Inherited Representations*

Developmental systems theory (DST) is often dismissed on the basis that the causal indispensability of nongenetic factors in evolution and development has long been appreciated. A reformulation makes a more substantive claim: that the special role played by genes is also played by some (but not all) nongenetic resources. That special role can be captured by Shea's 'inherited representation'. Formulating DST as the claim that there are nongenetic inherited representations turns it into a striking, empirically testable hypothesis. DST's characteristic rejection of a gene versus environment dichotomy is preserved but without dissolving into an interactionist casual soup, as some have alleged.     

CONSIDERING STANLEY HAUERWAS

After introducing the five articles that comprise this focus issue, I consider Hauerwas's claim that he is a theologian without a position. The claim has merit, I hold, since Hauerwas writes in response to what he reads, which is his way of learning it better. Moreover, he writes socially, characteristically soliciting help from his friends. As such, he purposefully makes himself accountable to those he addresses. In his later years this accountability has extended especially to the Church and to the Bible, which helps explain why Hauerwas cares so deeply about his sermons, which he takes to be his most important work.     

CATEGORICAL IMPERATIVES,MORAL REQUIREMENTS,AND MORAL MOTIVATION

Abstract: Kant has argued that moral requirements are categorical. Kant's claim has been challenged by some contemporary philosophers; this article defends Kant's doctrine. I argue that Kant's claim captures the unique feature of moral requirements. The main arguments against Kant's claim focus on one condition that a categorical imperative must meet: to be independent of desires. I argue that there is another important, but often ignored, condition that a categorical imperative must meet, and this second condition is crucial to understanding why moral requirements are not hypothetical. I also argue that the claim that moral requirements are not categorical because they depend on desires for motivation is beside the point. The issue of whether moral requirements are categorical is not an issue about whether moral desires or feelings are necessary for moral motivation but are rather an issue about the ground of moral desires or moral feelings. Moral requirements are categorical because they are requirements of reason, and reason makes moral desires or feelings possible.     

Rights and claims

Conclusion By way of conclusion, I have tried to show that rights do not come from nowhere, that is, rights are not sui generis. They come from claims. Rights do not make claims possible; rather claims make rights possible. For out of claims come claims to rights and from the welter of such claims to rights a legal system is established which, after sifting and refining, accepts some claims to rights and dignifies these as deeds, titles, rights and rejects others; and provides rules enabling persons to exercise their rights. A system of rights and rules thus generated gives one the right to make strong claims. Although having a right is not a condition for making a claim, having a right is necessary to sustain and appraise a claim. Appealing to rights enables us to distinguish weak from strong claims. For rights may sustain or rebut claims though they are not themselves claims.How can we appraise claims? A claim to implies a claim that, the latter being an outcome of the former. If the resulting claim is open to appraisal of the sustain/reject or true/false kind, then it is a claim in a sense other than a primitive cry in the wild. If one can go on to say of a claim that is open to appraisal that one has a right to make such a claim or that one has a strong claim, this is to give favorable, initial appraisal to a claim thus made; and is a claim not in a primitive but in a secondary and ultimately more significant sense.A slightly revised version of a paper read at the Long Island Philosophical Society, May 15, 1971. I wish to thank Lowell Kleinman, Alex Orenstein, Peter Manicas and Karsten Struhl for their helpful criticisms.     

Influence of prior involvement on employees' ratings

Surveys show that the majority of firms provide merit pay to outstanding employees. Despite the widespread use of merit pay programs, there is no consensus as to their effectiveness. While some plans have been successful in motivating employees to achieve higher performance, others have caused employees' dissatisfaction and discouragement. One previously unexplored area in the implementation of merit pay systems is the effect of the decision-maker's prior involvement with the employee on the decision to grant merit. The purpose of this paper was to examine whether hiring an employee leads to larger merit allocations despite evidence that the standards for merit were not met. 101 accounting students participated to assess the influence of hiring on subsequent merit allocations. Analysis indicated that prior involvement does bias ensuing merit decisions.     

Conceptual Art and the Acquaintance Principle

The Acquaintance Principle has been the subject of extensive debate in philosophical aesthetics. In one of the most recent developments, it has become popular to claim that some works of conceptual art are counterexamples to it. It is further claimed that this is a genuinely new problem in the sense that it is a problem even for versions of the Acquaintance Principle modified to deal with previous objections. I argue that this is essentially correct; however, the claim as it stands needs some work. I draw attention to, and defend, two assumptions on which the claim rests but which have so far gone unrecognized. I also address an objection that has recently been made to the claim and threatens to raise further complications for it. In doing this, we arrive at a fuller, more robust version of the initial claim.     

Epistemic Ought is a Commensurable Ought

I argue that the claim that epistemic ought is incommensurable is self‐defeating. My argument, however, depends on the truth of the premise that there can be not only epistemic reasons for belief, but also non‐epistemic (e.g., moral) reasons for belief. So I also provide some support for that claim.     

EVOLUTION IN THERMODYNAMIC PERSPECTIVE: A HISTORICAL AND PHILOSOPHICAL ANGLE

Abstract. The recently suggested reformulation of Darwinian evolutionary theory, based on the thermodynamics of self-organizing processes, has strong philosophical implications. My claim is that the main philosophical merit of the thermodynamic approach, made especially clear in J.S. Wicken's work, is its insistence on the law-governed, continuous nature of evolution. I attempt to substantiate this claim following a historical analysis of beginning-of-the-century ideas on evolution and matter-life relationship, in particular, the fitness-of-the-environment-for-life theory of the Harvard physiologist L.J. Henderson. In addition, I point to an epistemological common ground underlying the studies of the “thermodynamics school” and other currently active research groups focusing on the emergence and evolution of biological organization.     

The Notion of Merit in Indian Religions

There are uses of the term merit in Indian religions which also appear in secular contexts, but in addition there are other uses that are not encountered outside religion. Transfer of merit is a specific doctrine in whose connection the term merit is used with an intention which is not the same as that found in nonreligious contexts. Two main types of transfer of merit can be distinguished. First, the transfer of merit has been associated with certain ritual practices in Hinduism and in Buddhism. Another main type of transfer of merit is connected with Mahāyāna belief in bodhisattvas' loving-kindness towards other beings. In the orthodox Hindu schools, in Hīnayāna Buddhism and in Jainism, transfer of merit has been rejected on account of the doctrine of karma according to which the person can acquire karmic outcomes for only those actions he or she has performed by himself.