Kenneth Henley

Curriculum Vitae

Present Position: Professor, Department of Philosophy

Florida International University

Miami, FL 33199

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

FAX: 305-348-1799

 

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)

 

Philosophical Papers Presented

“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.

“Different People, Different Justice,” for judges in “Perceptions of Justice,” Florida College of Advanced Judicial Studies, Ft. Myers, May 24, 2006.

“Suffering Injustice: the Equal Worth of Victims,” for judges in “Perceptions of Justice: The Art of Judging,” Florida College of Advanced Judicial Studies, Orlando, May 6, 2004.

“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.

“Scalia v. Dworkin,” “Philosophical Perspectives on Judging,” Florida College of Advanced Judicial Studies, St. Petersburg, Sept. 23-24, 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.

Publications

Book:

Right Conduct:  Theories and Applications, 2nd Edition, edited by Michael Bayles and Kenneth Henley.  New York:  Random House, 1989 (1st edition, 1983).

Articles and Reviews:

“The Cheshire Cat: Same-Sex Marriage, Religion, and Coercion by Exclusion” in Coercion and the State, (an AMINTAPHIL volume), edited by David A. Reidy and Walter J. Riker.  Dordrecht, The 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.

 

 

“The Rule of Law,” in The Philosophy of Law: An Encyclopedia, ed. Christopher B. Gray.  New York: Garland, 1999.

 

 

“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.

 

 

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.

 

 

“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, 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.

Professional Activity in Judicial Education

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.

 

 

Fellowships and Awards:

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.

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.

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.

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.

Professional Service

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.

Summary of Courses Taught, 1978-2002

 (beginning with most recent, repetitions not indicated)

Philosophy of Law.  The Philosophy of the U.S. Constitution. Topics in Philosophy of Law: The Rule of Law.  Social and Political Philosophy.  Topics in Philosophy of Law: Crime & Punishment.  Topics in Philosophy of Law: Sex, Morals, Liberty. Contemporary Ethical Issues.  Philosophical Analysis (a required introductory course, writing intensive).  Ethics.  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.