Kenneth Henley

Curriculum Vitae

 

Present Position:

Professor, Department of Philosophy

Florida International University

11200 S.W. 8th Street

Miami, FL 33199

Phone: 305-348-3346 (Department secretary: 305-348-2185)

FAX: 305-348-1799

 

Website:

http://faculty.fiu.edu/~henleyk

 

Fields of Specialization

Philosophy of Law, Ethics, Social and Political Philosophy

Academic Positions

Professor, Department of Philosophy, Florida International University, 1992-present. (Until the Fall of 1995 the Department was the Department of Philosophy & Religion)

Associate Professor, Department of Philosophy & Religion, Florida International University, 1981-92.

Visiting Associate Professor, Corcoran Department of Philosophy, University of Virginia, Spring 1990.

Assistant Professor, Department of Philosophy & Religion, Florida International University, 1978-81.

Lecturer, Department of Philosophy, University of Hull (England), 1974-75.

Assistant Professor, Department of Philosophy, University of Kentucky, 1972-78 (on leave, 1974-75).

Instructor, Department of Philosophy, University of Virginia, 1970-71.

Higher Education

Ph. D., 1972, University of Virginia (Dissertation: “On Constructing Morality”)

Graduate Fellow, 1969-70, The Rockefeller University

M.A., 1969, University of Virginia (Thesis:  “Rules and Language”)

B.A., 1967, University of Virginia (English)

Publications

Edited Book:

Right Conduct:  Theories and Applications, 2nd Edition, edited by Michael Bayles and Kenneth Henley.  New York:  Random House, 1989 (1st edition, 1983). There are substantial Introductions to the chapters written separately by each editor.

Articles and Book Chapters:

 

“Reconciling the Virtues of Humanity and Respect for the Rule of Law: Irregular Immigration from the Perspective of Humean Virtue Ethics,” in Citizenship and Immigration : Borders, Migration and Political Membership in a Global Age, Ann E. Cudd and Win-chiat Lee, eds., Dordrecht, Netherlands: Springer, 2016, pp. 153-162.

 

“Hume’s ‘Wilt Chamberlain Argument’ and Taxation,” Canadian Journal of Philosophy, Supplementary Volume 42, “Hume in Alberta,” selected papers from the 2012 Hume Conference, pp. 148-160.

 

“Motivated Reasoning, Group Identification, and Representative Democracy,” in Philosophical Perspectives on Democracy in the 21st Century, ed. Ann E. Cudd and Sally J. Scholz. Dordrecht, Netherlands: Springer: 2014, pp. 219-228.

 

“Hume on the Rule of Law, Allegiance, and Constitutionalism,” in David Hume: A Tercentenary Tribute, ed. Stanley Tweyman. Ann Arbor, Michigan: Caravan Books, 2013, pp. 161-176.

 

“Character Naturalized: Hume’s Distinction Between Artificial and Natural Virtues and the Rejection of Traditional Virtue Ethics,” Southwest Philosophy Review, vol. 27, 2011, pp. 73-81.

 

“Hume’s Deflationary Theory of Allegiance,” Southwest Philosophy Review, vol. 26, 2010, pp. 91-7.

 

“Oaths and the Pledge of Allegiance: Freedom of Expression and the Right to Be Silent,” in Freedom of Expression in a Diverse World, edited by Deirdre Golash. Dordrecht, Netherlands: Springer, 2010, pp. 163-76.

 

“The Cheshire Cat: Same-Sex Marriage, Religion, and Coercion by Exclusion” in Coercion and the State, edited by David A. Reidy and Walter J. Riker.  Dordrecht, Netherlands: Springer, 2008, pp. 129-43.

 

“Sovereignty, Augusto Pinochet and Legal Positivism,” Human Rights Review (Transaction Press, Rutgers), vol. 8, October-December, 2006, pp. 67-77.

 

“Human Rights and the Rule of Law: Sovereignty and the International Criminal Court,” in Universal Human Rights: Moral Order in a Divided World, edited by David A. Reidy and Mortimer N. S. Sellers.  Lanham, Maryland: Rowman & Littlefield Publishers, 2005, pp. 173-86.

 

 

“Tolerance, Liberalism, and Community, The Paideia Archive, Twentieth World Congress of Philosophy, Boston University, http://www.bu.edu/wcp/Papers/Poli/PoliHenl.htm, August 21, 2000.

 

 

 

“Poverty, Equality, and Taxation Under the Rule of Law: A Tension Within Classical-Liberalism,” in Liberty, Equality, and Plurality, edited by Larry May, Christine Sistare, and Jonathan Schonsheck.  Lawrence, Kansas: University Press of Kansas, 1997, pp. 191-202.

 

 

“Abstract Principles, Mid-level Principles, and the Rule of Law,” Law and Philosophy, vol. 12, February, 1993, pp. 121-132.

 

 

“The Impersonal Rule of Law,” The Canadian Journal of Law and Jurisprudence, vol. 5, July, 1992, pp. 299-308.

 

 

“Children’s Rights, Childless Adults and Community Membership,” in Perspectives on the Family, edited by Michael D. Bayles, Robert C.L. Moffat and Joseph Grcic.  Lewiston, N.Y.: Mellen Press, 1990, pp. 341-349.

 

 

“Protestant Hermeneutics and the Rule of Law: Gadamer and Dworkin,” Ratio Juris: An International Journal of Jurisprudence and Philosophy of Law, vol. 3, March, 1990, pp. 14-28.

Reprinted in Gadamer and Law, edited by Francis J. Mootz. Aldershot, Hampshire: Ashgate, 2007, pp, 463-78.

 

 

“Constitutional Integrity and Compromise,” in Philosophical Dimensions of the Constitution, edited by Diana Meyers and Kenneth Kipnis.  Boulder, Co.: Westview Press, 1988, pp. 134-155.

 

 

 

“Infant Rights and Consent to Medical Research on Children:  A Reply to Professor Wellman,” Archiv fur Rechts und Sozialphilosophie, Beiheft Neue Folge Nr. 12, Wiesbaden: Franz Steiner Verlag, 1979, pp. 129-136.

 

 

“The Authority to Educate,” in Having Children:  Philosophical and Legal Reflections on Parenthood, edited by Onora O’Neill and William Ruddick.  New York: Oxford University Press, 1979, pp. 254-264.

 

 

“The Binding Force of Morality,” The Journal of Value Inquiry, vol. 12, Winter, 1978, pp. 301-306.

 

 

“Children and the Individualism of Mill and Nozick,” The Personalist (now Pacific Philosophical Quarterly), vol. 59, October, 1978, pp. 415-419.

 

 

“Cartesian Ethics,” The Philosophical Forum, vol. 9, Summer, 1978, pp. 429- 439.

 

“The Value of Individuals,” Philosophy and Phenomenological Research, vol. 37, March, 1977, pp. 345-352.

 

Commentaries, Encyclopedia Articles, Reviews, Miscellaneous

 

“Freedom as Responsibility: Comments on James Swindler,” Southwest Philosophy Review, vol. 28, July, 2012, pp. 47-52.

 

“Political Allegiance,” in The Encyclopedia of Global Justice, edited by Deen K. Chatterjee. Dordrecht, Netherlands: Springer, 2011, p. 850.

 

“Sovereignty,” in The Encyclopedia of Global Justice, edited by Deen K. Chatterjee. Dordrecht, Netherlands: Springer, 2011, pp. 1025-1027.

 

Review of Moral and Political Philosophy: Key Issues, Concepts and Theories, by Paul Smith. Teaching Philosophy, vol. 34, June, 2011, pp. 187-189.

 

“Rule of Law,” in The Philosophy of Law: An Encyclopedia, edited by Christopher B. Gray.  New York: Garland, 1999, pp. 765-767.

 

Review of N.E. Simmonds, Central Issues in Jurisprudence, Canadian Philosophical Reviews, vol. 8, April, 1988, pp. 155-157.

 

 

“Critical Review of Neill MacCormick, H. L. A. Hart,” Vanderbilt Law Review, vol. 35, March, 1982, pp. 471-480.

 

“Perspectives on Human Sexuality,” Kenneth Henley, Arvil Reeb, Suzanne Howard, in Going Strong: New Courses/New Programs. Female Studies VII, edited by Deborah Silverton Rosenfelt, Old Westbury, N.Y.: The Feminist Press, 1973, pp. 23-27.

 

Philosophical Papers Presented

 

“Luck and the Equal Worth of Victims: Limiting the Relevance of Victim Impact,” XXVII World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR), July 27, 2015, Georgetown Law Center, Washington, D.C.  Available through the website http://ivr2015.org/ of the 27th World Congress of the International Association for Philosophy of Law and Social Philosophy under “Working Groups” at:

https://drive.google.com/file/d/0B7v1_whu0-coQ2lCWG5hSU1ubGM/view

“Irregular Immigration from the Perspective of Humean Virtue Ethics,” AMINTAPHIL (American Section, International Association of Philosophy of Law & Social Philosophy) 2014 Conference on Immigration and Citizenship, Chapman University, Orange, California, Oct. 9, 2014.

“Motivated Reasoning, Group Identification, and Representative Democracy,” American Section of the International Association for Philosophy of Law and Social Philosophy, University of Baltimore School of Law, Oct. 27, 2012.

“Hume’s ‘Wilt Chamberlain Argument’ and Taxation,” 39th International Hume Society Conference, Calgary, Alberta, July 18, 2012.

“Character Naturalized: Hume’s Distinction Between Artificial and Natural Virtues and the Rejection of Traditional Virtue Ethics” 72nd Meeting, Southwestern Philosophical Society, Memphis, TN., Nov. 12, 2010

“Hume’s Deflationary Theory of Allegiance,” 71st Meeting, Southwestern Philosophical Society, Dallas, Texas, Nov. 14, 2009.

“Character Naturalized: Hume’s Distinction Between Artificial and Natural Virtues and the Rejection of Traditional Virtue Ethics,” 36th International Hume Society Conference, Dalhousie University & The University of King’s College, Halifax, Nova Scotia, August 4, 2009.

“Oaths and the Pledge of Allegiance: Freedom of Expression and the Right to Be Silent,” American Section of the International Association for Philosophy of Law and Social Philosophy, Villanova University, Sept. 27, 2008.

“The Cheshire Cat: Gay Marriage, Religion, and Coercion by Exclusion,” American Section of the International Association for Philosophy of Law and Social Philosophy, Washington University in St. Louis, St. Louis, Missouri, Nov. 3, 2006.

“Human Rights and the Rule of Law: Sovereignty and the International Criminal Court,” American Section of the International Association for Philosophy of Law and Social Philosophy, Washington, D.C., Nov. 22, 2002.

“Human Rights and the Rule of Law: Sovereignty and the International Criminal Court,” Symposium on The International Criminal Court, Hampshire College, Amherst, Massachusetts, Nov. 7, 2002.

“The Equal Worth of Victims: Maintaining the Distinction Between Social Values and the Uniqueness of the Individual,” The 29th Conference on Value Inquiry (sponsored by The American Society for Value Inquiry, the International Society for Value Inquiry, the Journal of Value Inquiry, and Oklahoma State Univ.), Tulsa, Oklahoma, April 25, 2001.

“The Fiction of Sovereignty and the Reality of the Rule of Law,” IVR-99 World Congress on Philosophy of Law and Social Philosophy, The World Trade Center, New York, NY, June 25, 1999.

“Tolerance, Liberalism, and Community,” Twentieth World Congress of Philosophy, Boston, Aug. 14, 1998.

“Poverty, Equality, and Taxation Under the Rule of Law: A Tension Within Classical-Liberalism,” American Section of the International Association for Philosophy of Law and Social Philosophy, Charleston, South Carolina, Nov. 10, 1994.

“Philosophical Reflection, Tolerance, and Community,” American Section of the International Association for Philosophy of Law and Social Philosophy, Salt Lake City, Utah, Oct. 27, 1990.

“The Rule of Law,” Colloquium, Corcoran Department of Philosophy, University of Virginia, March 28, 1990.

“Children’s Rights, Childless Adults, and Community Membership,” American Section of the International Association for Philosophy of Law and Social Philosophy, Pace University, Oct. 20-23, 1988.

“Protestant Hermeneutics and the Rule of Law: Gadamer and Dworkin,” Thirteenth Annual Meeting, International Association for Philosophy and Literature, University of Notre Dame, April 21-23, 1988.

“Constitutional Integrity and Compromise,” American Section of the International Association for Philosophy of Law and Social Philosophy, University of Pennsylvania, October 31-November 2, 1986.

“Rules of Law, Principles of Equity, and Ronald Dworkin’s Philosophy of Law,” New College, Sarasota, April 20, 1982.

“Harming Children and Varieties of Autonomy,” Eighth Plenary Conference, American Section of the International Association for Philosophy of Law and Social Philosophy, London, Canada, April 10, 1981.

“Two Conceptions of Minimal Social Morality: Comments on MacCormick and Feinberg,” Symposium on the Polity and Values, Fontainbleau Hotel, Miami Beach, Nov. 27, 1980.

“Children’s Rights and Childless Adults,” Conference on Philosophy, Children, & the Family, Michigan State University, March 29, 1980.

“Infant Rights and Consent to Medical Research on Children: A Reply to Professor Wellman,” Sixth Plenary Meeting, American Section of the International Association for Philosophy of Law and Social Philosophy, Amherst, Mass., March 11, 1978.

“Utopias and the Status of Children,” Fifth Plenary Meeting, American Section of the International Association for Philosophy of Law and Social Philosophy, Des Moines, Iowa, November 5, 1976.

“The Authority to Educate,” Society for Philosophy and Public Affairs, New Orleans, Louisiana, April 30, 1976.

Heizer’s Account of Hare’s Ethical Theory,” Kentucky Philosophical Association, Louisville, Ky., Nov. 15, 1975.

“Professor de Boer on Deflating Plato’s Forms,” Kentucky Philosophical Association, 1974.

“The Value of Individuals,” University of Cincinnati, 1974.

“Dignity and Price: Kant and the Incommensurability of Values,” University of Tennessee, 1973.

“Self and Others in Rawls’s Contract,” University of Tennessee, 1973.

 

 

Grants

 

Rockefeller Foundation Grant for a Humanities Institute for Secondary-School Teachers

Primary author of proposed curriculum “Inhabiting Other Lives,” Humanities Institute for Teachers (Rockefeller Foundation), 1989.  This proposal was successful in securing support from the Rockefeller Foundation, and served as the underlying concept for the series. The concept was also used by the Honors College of Florida International University for many years.

 

Grants from the National Endowment for the Humanities (Summer Seminars for College Teachers):

National Endowment for the Humanities, Summer Seminar for College Teachers, “On Interpreting the Constitution,” Princeton University, Summer 1985.  Director: Professor Walter Murphy, Department of Politics.

National Endowment for the Humanities, Summer Seminar for College Teachers, “Freedom and the Rule of Law: The English Foundations, 1300-1700,” University of Iowa, Summer, 1982.  Director: Professor Donald Sutherland, Department of History.

 

Professional Activity in Judicial Education

Faculty Member, “Perceptions of Justice: What Does Judging Have To Do With Justice?,Florida College of Advanced Judicial Studies, Naples, Florida, June 4-6, 2012.

Lecturer and Discussion Leader, “Perceptions of Justice,” Florida College of Advanced Judicial Studies, Ft. Myers, May 23-25, 2006.

Lecturer and Discussion Leader, “Perceptions of Justice: The Art of Judging,” Florida College of Advanced Judicial Studies, Orlando, May 5-7, 2004.

Lecturer and Discussion Leader, “Perceptions of Justice: The Judge’s Role in American Law, Culture, and Politics,” Florida College of Advanced Judicial Studies, St. Petersburg, Sept. 25-27, 2002.

Lecturer and Discussion Leader, “Philosophical Perspectives on Judging,” Florida College of Advanced Judicial Studies, St. Petersburg, Sept. 23-24, 2002.

Lecturer and Discussion Leader, Philosophical Perspectives on Judging, 2001 Florida College of Advanced Judicial Studies, Palm Harbor, Florida, Sept. 10- 12, 2001.

Lecturer and Discussion Leader, Philosophical Perspectives on Judging, 2000 Florida College of Advanced Judicial Studies, Orlando, Florida, May 8-9, 2000.

Lecturer and Discussion Leader, Humanities and the Judicial Process Specialty Course, The Conference of Circuit Judges and the Florida Court Education Council, Tallahassee, Florida, Feb. 26-28, 1990.

Lecturer and Discussion Leader, Humanities and the Judicial Process Specialty Course, The Conference of Circuit Judges and the Florida Court Education Council, Tallahassee, Florida, Feb. 13-15, 1989.

Lecturer and Discussion Leader, Humanities and the Judicial Process Specialty Course, The Conference of Circuit Judges and the Florida Court Education Council, Palm Beach Gardens, Florida, June 23-25, 1988.

Lecturer and Discussion Leader, “Law as Integrity,” Dade County Judiciary, Dade County Courthouse, April 15, 1988.

 

Professional Memberships

The American Society for Political and Legal Philosophy

The American Philosophical Association

Amintaphil: The American Section of the International Association for Philosophy of Law and Social Philosophy

The Hume Society

The Southwestern Philosophical Society

Professional Service

Referee for Hume Studies

Referee for Southwest Philosophy Review

Chair of the Nominations Committee and member of the Executive Committee, Amintaphil (American Section, International Association for Philosophy of Law and Social Philosophy), 1989-91.

Acting Executive Director, Amintaphil (American Section, International Association for Philosophy of Law and Social Philosophy), 1976-77.

Chairperson, Symposium on “Realism and Possible Worlds,” Twelfth Annual Philosophy Colloquium, University of Cincinnati, Nov. 8, 1975.

Chairperson, Symposium on “Knowledge and Deracination,” Tenth Annual Philosophy Colloquium, University of Cincinnati, Nov. 10, 1973.

 

Recent Notable Service at Florida International University

 

From the Fall of 2004 through the Summer of 2011, I was the Director of Undergraduate Studies for the Philosophy Department and the Assessment Coordinator. I advised all of the Philosophy majors, the number of which increased over the years to well over 100. Over those years the burden of assessment increased, with many revisions of the assessment instruments and methods.

 

During the development of the College of Law, I was an active member of the College of Law Faculty Advisory Board.

 

Summary of Courses Taught, 1978-2017

Philosophy of Law (upper-division course covering fundamental issues).  Topics in Philosophy of Law: The Philosophy of the U.S. Constitution. (Senior-level course focusing on Locke’s Two Treatises, Hume’s Essays, and The Federalist Papers)  Social and Political Philosophy.  Ethics (upper-division course in ethical theory).  Topics in Philosophy of Law: Liberty & Equality (Senior-level course focusing on F.A. Hayek and Ronald Dworkin).  Contemporary Ethical Issues ( a Junior-level applied ethics course).  Great Ideas Seminar: Politics and Society (a graduate-level course in the Master of Arts in Liberal Studies Program).  Introduction to Ethics (a course within the Undergraduate Core Curriculum, writing intensive).  Love and Sexuality (a Senior-level course combining philosophy of the emotions and applied ethics).  Topics in Philosophy of Law: Crime & Punishment.  Topics in Philosophy of Law: Sex, Morals, Liberty.  Liberal Studies Colloquium: Life and Death.  Topics in Philosophy of Law: The Rule of Law.  Philosophical Analysis (a course within the Undergraduate Core Curriculum, writing intensive).   Humanities: The Enlightenment & the Modern World (interdisciplinary with history, the arts, and literature as well as philosophy).  Graduate Seminar: The Legal Philosophy of Ronald Dworkin (University of Virginia, Spring 1990, both graduate philosophy students and Law School students).  Philosophical Problems of Law (University of Virginia, Spring 1990, formal lectures to approximately 180 students, supervision of three graduate assistants).  Humanities: Renaissance through Modern. Humanities: Modern World.  Introduction to Logic.  Philosophy Seminar: Persons and Rights.  Values and Law.  Philosophy of Education.  Humanities: Egoism and Altruism.  What Is Reality? (a Metaphysics course).  Philosophy in Literature. Humanities: Human Nature.  Humanities Colloquium: The Heroic.  Value Theories. Humanities: Art, Life, & Morality.  Introduction to Philosophical Thinking.

 

Service to the Community, Lectures and Participation:

“War and Judging One’s Own Cause,” presented at a colloquium sponsored by the Jack D. Gordon Institute for Public Policy and Citizenship Studies, Florida International University, Oct. 10, 2001

“The Double-Edged Sword of Equal Protection in Elections,” presented at a symposium sponsored by the Jack D. Gordon Institute for Public Policy and Citizenship Studies, Florida International University, Jan. 17, 2001

“The Role of the Victim in Criminal Law,” lecture and discussion, Faculty Lunchtime Symposium, sponsored by the Jack D. Gordon Institute for Public Policy and Citizenship Studies, Florida International University, Feb. 22, 2001

Workshop on Victims’ Rights, Victim’s Advocacy Center, Florida International University, April 6, 2001

Lecturer, Summer Humanities Institute for Teachers, Florida International University, Summer, 1989.

Lecture, “Morals and Ethics: A Philosophic Overview,” Elders Institute, Oct. 12, 1988 (Kick-off lecture for Fall series on “20th Century Dilemmas”)

Presentation, “Ethical Issues in Rationing Perinatal Care,” South Florida Perinatal Network, Mailman Center for Child Development, Feb. 5, 1986

Lecture on “Philosophies People Live By,” Elders Forum, July 7, 1983

Lecture on “Human Nature: Good or Evil?” Elders Institute, Feb. 16, 1983

Lecture on “Contemporary Sexual Morality,” Elders Forum, Sept. 3, 1981

Lecture on “The Concept of Political Representation,” American Issues Forum, Surfside Community Center, Jan. 19, 1982.

Lecture, “America’s Non-representative Democracy,” Elders Forum, July 3, 1980.

Presentation and discussion leader, “Ethical Decisions and Working With the Dying,” Hospice, Wesley Foundation, University of Miami, March 11, 1981.

Lecture, “The Good Life for the Mentally Retarded Person: A Philosophical View,” Florida Association for Retarded Citizens, sponsored by the Florida Endowment for the Humanities, Jan. 19, 1980.

Panelist, Conference on “Building the Earth: An Environmental Ethic,” Florida International University, April 5-6, 1979.

Lecture and Discussion Leader, “Philosophical Approaches to Aging,” Temple Emanu-El, Miami Beach, March 7, 1979.

Co-organizer and panelist, Matchette Foundation Public Conference on Medical Care and Ethics: “Medical Care As A Social Resource: Allocation & Decision Making,” University of Kentucky, April 2, 1977.

Panelist, Conference on “The Challenge of Databanks to a Free Society,” Law School, University of Kentucky, April 10, 1976.