With its practical, hands-on approach to legal ethics, the third edition of LEGAL ETHICS is designed to ensure that readers have a solid grasp of the ethical rules that apply in the legal setting. Comprehensive yet easy to understand, this engaging book provides a thorough and substantive analysis of the major principles that affect how the practice of law is regulated. Filled with real-life examples of lawyer and non-lawyer instances of misconduct, current and classic case law, and discussions of famous (...) (and infamous) people, this straightforward book brings the material to life and demonstrates how courts interpret and apply ethical rules to lawyers and their non-lawyer employees. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

This article has two main divisions, the first consisting in parts 1-3, the second in parts 4-8. The purpose of the first division is to assess Hauerwas's contentions regarding what he takes to be serious debilities in modern theological culture. The objects of Hauerwas's criticism are: (1) natural theology; (2) reason as it is represented in the structure of the modern university and in the "Enlightenment Project"; and (3) liberal Protestantism--the latter particularly as it turns up, by his account, in (...) Reinhold Niebuhr's theology. The article will offer a defense of natural theology and an alternative approach to Niebuhr's theology while showing how Hauerwas's contentions concerning these two matters are mistaken. Parts 4-8 are theological studies. These studies concentrate on selected though main aspects of Hauerwas's outlook. Part 4 concerns a problematic implication of the notion, mainly from Barth, of divinity's humanity; Part 5 a note of difficulty from William James about the idea of the theistic God and its pertinence to the Barthian or Hauerwasian God; Part 6 the relation between belief and witness; Part 7 theology's discourse and analogy; Part 8 the Barthian-Hauerwasian theology as a metaphysics. Part 1, concerning natural theology, stands over both divisions. These observations are not in the main intended as textual studies, though in certain passages the analysis is closely attentive to Hauerwas's text. Also, the paper does not offer the sort of account that would come from a historian, intellectual biographer, or social or cultural analyst or critic. Its focus is philosophical-theological criticism. (shrink)

Religion: A Study in Beauty, Truth, and Goodness covers the wide array of elements, including the concepts of ultimate being, scripture, ritual, morality, and beauty, which make up the fascinating entity known as religion. Taking a phenomenological approach that emphasizes the standpoint of the religious believer--a view from the inside of religion--Kent Richter uses the categories of experience, belief, and behavior ("Beauty, Truth, and Goodness") as a way to think about religion in general. This approach helps students understand both (...) the great variety in religious traditions and the internal coherence that religion holds for its practitioners. (shrink)

Priority setting in health care is ubiquitous and health authorities are increasingly recognising the need for priority setting guidelines to ensure efficient, fair, and equitable resource allocation. While cost-effectiveness concerns seem to dominate many policies, the tension between utilitarian and deontological concerns is salient to many, and various severity criteria appear to fill this gap. Severity, then, must be subjected to rigorous ethical and philosophical analysis. Here we first give a brief history of the path to today’s severity criteria in (...) Norway and Sweden. The Scandinavian perspective on severity might be conducive to the international discussion, given its long-standing use as a priority setting criterion, despite having reached rather different conclusions so far. We then argue that severity can be viewed as a multidimensional concept, drawing on accounts of need, urgency, fairness, duty to save lives, and human dignity. Such concerns will often be relative to local mores, and the weighting placed on the various dimensions cannot be expected to be fixed. Thirdly, we present what we think are the most pertinent questions to answer about severity in order to facilitate decision making in the coming years of increased scarcity, and to further the understanding of underlying assumptions and values that go into these decisions. We conclude that severity is poorly understood, and that the topic needs substantial further inquiry; thus we hope this article may set a challenging and important research agenda. (shrink)

In recent years, the issue of accepting a higher cost per health improvement for orphan drugs has been the subject of discussion in health care policy agencies and the academic literature. This article aims to provide an analysis of broadly egalitarian arguments for and against accepting higher costs per health improvement. More specifically, we aim to investigate which arguments one should agree upon putting aside and where further explorations are needed. We identify three kinds of arguments in the literature: considerations (...) of substantial equality, formal equality, and opportunity cost. We argue that considerations of substantial equality do not support higher costs per health improvement orphan drugs, even if such considerations are considered valid. On the contrary, arguments of formal equality may support accepting a higher cost per health improvement for orphan drugs. However, in order to do so, a number of both normative and empirical issues must be resolved; these issues are identified in the article. For instance, it must be settled to what extent the opportunity cost in terms of foregone health for other patients is acceptable in order to uphold formal equality. We conclude that certain arguments can be set aside, and future focus should be put on the unresolved normative and empirical issues related to formal equality and opportunity cost. (shrink)

Psychopaths constitute less than 1% of the general population, but they commit a much larger proportion of crime and violence in society. This volume chronicles the latest science of psychopathy, various ways that psychopaths challenge the criminal justice system, and the major ethical issues arising from this fascinating condition.

China is the world’s second largest economy and the largest emitter of carbon dioxide, yet we know little about environmental proactivity in the most populated country in the world. We address this gap through a survey of 161 Chinese companies with two respondents per firm (N = 322), where we seek to identify the antecedents and consequences of environmental proactivity. We identify two categorizations of environmental proactivity: Environmental operational improvements and environmental reporting. We find that ecological motivations and regulatory stakeholder (...) pressure are positively related to both types of environmental proactivity, and external stakeholder pressure is negatively related to environmental reporting. Furthermore, we find that (1) if a firm is environmentally proactive (as it relates to either measure) and they are ecologically motivated, there is a positive and significant cost advantage, and (2) if a firm makes use of environmental operational improvement and they are competitively motivated, there is a positive and significant reputation advantage. Implications for researchers, managers, and policy-makers in China are discussed. (shrink)

This book proposes an account of humility that relies on the most radical Christian sayings about humility, especially those found in Augustine and the early monastic tradition. It argues that this was the view of humility that put Christian moral thought into decisive conflict with the best Greco-Roman moral thought.

This review takes a historical perspective on concepts in the psychology of motivation and emotion, and surveys recent developments, debates and applications. Old debates over emotion have recently risen again. For example, are emotions necessarily subjective feelings? Do animals have emotions? I review evidence that emotions exist also as core psychological processes, which have objectively detectable features, and which can occur either with subjective feelings or without them. Evidence is offered also that studies of emotion in animals can give new (...) insights into human emotions. Beyond emotion, motivation concepts also have changed over decades, and debates still continue. Motivation was once thought in terms of aversive drives, and reward was thought of in terms of drive reduction. Motivation-as-drive concepts were largely replaced by motivation-as-incentive concepts, yet aversive drive concepts still occasionally surface in motivation neuroscience today. Among incentive motivation concepts, incentive salience is a core process, mediated by brain mesocorticolimbic systems (dopamine-related systems) and sometimes called ‘wanting’ (in quotation marks), to distinguish it from cognitive forms of desire (wanting without quotation marks). Incentive salience as ‘wanting’ is separable also from pleasure ‘liking’ for the same reward, which has important implications for several human clinical disorders. Ordinarily, incentive salience adds motivational urgency to cognitive desires, but ‘wanting’ and cognitive desires can dissociate in some conditions. Excessive incentive salience can cause addictions, in which excessive ‘wanting’ can diverge from cognitive desires. Conversely, lack of incentive salience may cause motivational forms of anhedonia in depression or schizophrenia, whereas a negatively-valenced form of ‘fearful salience’ may contribute to paranoia. Finally, negative ‘fear’ and ‘disgust’ have both partial overlap but also important neural differences. (shrink)

Against a background of increasing regulation regarding access to medical information and the presentation of patients' confidentiality, the case of genetic information raises interesting questions about whether the application of general rules is appropriate in all situations. Whilst all genetic information is not equally sensitive, some of it is highly predictive. It also allows deductions to be made about other family members. It may not be regarded as particularly sensitive when compared to other types of medical information and those to (...) whom it applies may not be as anxious about preserving their confidentiality as compared with—for example, the prospect of seeing research into cause and cures for rare diseases put in hand. These distinctions also find resonance with the general public. Resolving conflicting tensions will require subtlety, not a blunt “one size fits all” model. (shrink)

We examine three assumptions commonly held in the corporate reputation literature: (1) reputation ratings of owners and investors are generally representative of all stakeholders; (2) stakeholders will generally provide a higher reputation rating to firms that emphasize corporate social responsibility versus firms that do not; and (3) profitability is the primary criterion of importance to all stakeholders when rating a firm's reputation. Using an exploratory in‐class exercise, our findings suggest that: (1) there are significant differences among stakeholder groups in their (...) reputation ratings; (2) firms that emphasize corporate social responsibility are not rated more highly across all stakeholder groups; and (3) for all stakeholder groups, the ethicality criterion explained more of the variance in firms' reputation ratings than the profitability criterion. (shrink)

How to handle orphan drugs for rare diseases is a pressing problem in current health-care. Due to the group size of patients affecting the cost of treatment, they risk being disadvantaged in relation to existing cost-effectiveness thresholds. In an article by Niklas Juth it has been argued that it is irrelevant to take indirectly operative factors like group size into account since such a compensation would risk discounting the use of cost, a relevant factor, altogether. In this article we analyze (...) Juth’s argument and observe that we already do compensate for indirectly operative factors, both outside and within cost-effectiveness evaluations, for formal equality reasons. Based on this we argue that we have reason to set cost-effectiveness thresholds to integrate equity concerns also including formal equality considerations. We find no reason not to compensate for group size to the extent we already compensate for other factors. Moreover, groups size implying a systematic disadvantage also on a global scale, i.e. taking different aspects of the health condition of patients suffering from rare diseases into account, will provide strong reason for why group size is indeed relevant to compensate for. (shrink)

Different brain mechanisms seem to mediate wanting and liking for the same reward. This may have implications for the modular nature of mental processes, and for understanding addictions, compulsions, free will and other aspects of desire. A few wanting and liking phenomena are presented here, together with discussion of some of these implications.

Although it is possible to regard a species as a set with a special internal structure, it is preferable to regard a species as an individual precisely to emphasize this internal structure. It is necessary to recognize, moreover, that two organisms that are part of a single entity with respect to one process need not be part of a single entity with respect to another process. Furthermore, choosing to regard two entities (with respect to one process) as conspecific is not (...) to deny that there are two entities within this species. Thus, the systematist need not propose formal names for every entity he discovers, but the names he proposes ought to be as faithful to the relationship among the entities as is possible. (shrink)

Where does normal brain or psychological function end, and pathology begin? The line can be hard to discern, making disease sometimes a tricky word. In addiction, normal ‘wanting’ processes become distorted and excessive, according to the incentive-sensitization theory. Excessive ‘wanting’ results from drug-induced neural sensitization changes in underlying brain mesolimbic systems of incentive. ‘Brain disease’ was never used by the theory, but neural sensitization changes are arguably extreme enough and problematic enough to be called pathological. This implies that ‘brain disease’ (...) can be a legitimate description of addiction, though caveats are needed to acknowledge roles for choice and active agency by the addict. Finally, arguments over ‘brain disease’ should be put behind us. Our real challenge is to understand addiction and devise better ways to help. Arguments over descriptive words only distract from that challenge. (shrink)

In a recent extended essay, philosopher Daniel Hausman goes a long way towards dismissing severity as a morally relevant attribute in the context of priority setting in healthcare. In this response, we argue that although Hausman certainly points to real problems with how severity is often interpreted and operationalised within the priority setting context, the conclusion that severity does not contain plausible ethical content is too hasty. Rather than abandonment, our proposal is to take severity seriously by carefully mapping the (...) possibly multiple underlying accounts to well-established ethical theories, in a way that is both morally defensible and aligned with the term’s colloquial uses. (shrink)

There is a simple view of motivation on which desires are like pain-killers; they come in different strengths, and their strength determines their efficacy. That is, the stronger a desire the greater its motivational force and, when two desires conflict, the stronger one “wins out” over the weaker. This view makes it puzzling how anyone could ever exhibit “strength of will” and act on the weaker desire, even when it is a desire for something more highly valued than what is (...) more strongly desired. When the will, as the agent of reason, enters the fray, an explanation of what a person is motivated enough to do must reckon not only with competing desires and their motivational forces, but also with the will’s capacity to be affected by different ones in ways not proportional to their force. However, this complication sheds little light, for if the will must bestow its stamp of approval on a desire before the desire leads to action, then, it would seem, motivational force should be measured by strength of effect on the will. And if that’s the way to measure motivational force, then, since by that measure one always acts on the desire that affects one’s will most, there is no problem of strength of will after all. But the problem seems real, however inapt the label. (shrink)

In contemporary discussions of natural evil, one classically important theodicy—variously called warfare theodicy, fallen angel theodicy, or the Satan hypothesis—is rarely mentioned, let alone defended. This is the view that so-called natural evil, the evil suffered by sentient beings that is not caused by human agency, is caused by angelic agency, specifically that of Satan and other fallen angels. Although the Satan hypothesis has received scant attention in contemporary philosophy of religion, Richard Swinburne, Michael Martin, Robert Adams, and David O’Connor (...) have each brought separate objections against it, but their objections fail. The real problem with the Satan hypothesis lies elsewhere. This paper begins by stating the Satan hypothesis and briefly sketching its scriptural and theological warrants in the Christian tradition. Second, it canvasses the objections that have been brought against the hypothesis and shows how each objection fails. Third, it isolates the real problem for the Satan hypothesis, namely the lack of any satisfactory account of how malevolent angelic agency could conceivably be the cause of natural evil. Finally, the paper offers three speculative proposals for such an account, highlighting problems with each. The upshot is that although the Satan hypothesis is a prominent theodicy in the history of Christian thought and in popular Christianity, it confronts philosophical challenges not yet met by its proponents. (shrink)

In the September 2020 edition of Perception, Alan Gilchrist published an editorial entitled “The Integrity of Vision” (Gilchrist, 2020). In it, Gilchrist critiques motivated perception research. His main points are as follows: (1) Motivated perception is compromised by experimental demand: Results do not actually show motivated perception but instead reflect subjects’ desires to comply with inferred predictions. (2) Motivated perception studies use designs that make predictions obvious to subjects. These transparent designs conspire with experimental demand to yield confirmatory but compromised (...) results. (3) Motivated perception research lacks guiding theory and cannot explain what appear to be contradictory results. (4) Motivated perception presents an unsupportable assault upon the impermeability of perception. The present commentary responds to these four assertions. (shrink)

Provided we agree about the thing, it is needless to dispute about the terms. —David Hume, A treatise of human nature, Book 1, section VIIMap-like representations are frequently invoked as an alternative type of representational vehicle to a language of thought. This view presupposes that map-systems and languages form legitimate natural kinds of cognitive representational systems. I argue that they do not, because the collections of features that might be taken as characteristic of maps or languages do not themselves provide (...) scientifically useful information above and beyond what the individual features provide. To bring this out, I sketch several allegedly distinctive features of maps, and show how they can easily be grafted onto a simple logical language, resulting in a hybrid “manguage.” The ease with which these linguistic and map-like properties can be integrated into a single representational system raises the question of what work broader categories like language and map are doing. I maintain that, as an empirical matter of fact, they serve no particular purpose in cognitive science, and thus do not characterize distinct kinds of cognitive architectures. (shrink)

Even for one, individual, singular person, there are potential problelms with Utilitarianism. We must decide whether we go for pleasure, or try to avoid pain. Many other options are available. In addition to maximizing pleasure, we must also think of what the probabilistic likelihood to getting what we want. When weunderstand the problems, we also face the problem of making transitive decisions. Problems with Intransitive decisions take us out of Utilitarian theory. When we add additional people, the problems are still (...) there, but are now elevated. We see there are exact contradictions, and when we add the problems of evaluating,utilitarianism is more difficult than we had expected. Even Jeremy Bentham’s approach leaves us with problems that cut every way in different directions. This is only a start for Utilitarianism. (shrink)

Principles of need are constantly referred to in health care priority setting. The common denominator for any principle of need is that it will ascribe some kind of special normative weight to people being worse off. However, this common ground does not answer the question how a plausible principle of need should relate to the aggregation of benefits across individuals. Principles of need are sometimes stated as being incompatible with aggregation and sometimes characterized as accepting aggregation in much the same (...) way as utilitarians do. In this paper we argue that if one wants to take principles of need seriously both of these positions have unreasonable implications. We then characterize and defend a principle of need consisting of sufficientarian elements as well as prioritarian which avoids these unreasonable implications. (shrink)

Intensive research is carried out to develop a disease-modifying drug for Alzheimer’s disease. The development of drug candidates that reduce Aß or tau in the brain seems particularly promising. However, these drugs target people at risk for AD, who must be identified before they have any, or only moderate, symptoms associated with the disease. There are different strategies that may be used to identify these individuals. Each of these strategies raises different ethical challenges. In this paper, we analyse these challenges (...) in relation to the risk stratification for AD necessary for using these drugs. We conclude that the new drugs must generate large health benefits for people at risk of developing AD to justify the ethical costs associated with current risk stratification methods, benefits much larger than current drug candidates have. This conclusion raises a new set of ethical questions that should be further discussed. No data are available. (shrink)

Influenced by the Wittgensteinian slogan “Don’t look for the meaning, look for the use,” ordinary language philosophers aimed to defuse various philosophical problems by analyzing key words in terms of what they are used to do or the conditions for appropriately using them. Although Moore, Grice and Searle exposed this error – mixing pragmatics with semantics – it still gets committed, now to a different end. Nowadays the aim is to reckon with the fact that the meanings of a great (...) many sentences underdetermine what we would normally mean in using them – even if the sentence is free of indexicality, ambiguity, and vagueness. This can be so because the sentence expresses a “minimal” proposition or even because it doesn’t fully express any proposition. Many theorists are led to defend “truth-conditional pragmatics” (or linguistic “contextualism”), to find a hidden indexical in every syntactic nook or semantic cranny, or otherwise to pay undue respect to seemingly semantic intuitions and intentions. This paper identifies various such moves and explains what’s regressive about them. (shrink)

How should scarce healthcare resources be distributed? This is a contentious issue that became especially pressing during the pandemic. It is often emphasised that studies exploring public views about this question provide valuable input to the issue of healthcare priority setting. While there has been a vast number of such studies it is rarely articulated, more specifically, what the results from these studies would mean for the justification of principles for priority setting. On the one hand, it seems unreasonable that (...) public values would straightforwardly decide the ethical question of how resources should be distributed. On the other hand, in a democratic society, it seems equally unreasonable that they would be considered irrelevant for this question. In this paper we draw on the notion of reflective equilibrium and discuss the relevance and roles that empirical studies may plausibly have for justification in priority setting ethics. We develop a framework for analysing how different kinds of empirical results may have different kinds of implications for justification. (shrink)

One generally considered plausible way to allocate resources in health care is according to people’s needs. In this paper I focus on a somewhat overlooked issue, that is the conceptual structure of health care needs. It is argued that what conceptual understanding of needs one has is decisive in the assessment of what qualifies as a health care need and what does not. The aim for this paper is a clarification of the concept of health care need with a starting (...) point in the general philosophical discussion about needs. I outline three approaches to the concept of need and argue that they all share the same conceptual underpinnings. The concept of need is then analyzed in terms of a subject x needing some object y in order to achieve some goal z. I then discuss the relevant features of the object y and the goal z which make a given need qualify as a health care need and not just a need for anything. (shrink)

Fair priority setting is based on morally sound criteria. Still, there will be cases when these criteria, our primary considerations, are tied and therefore do not help us in choosing one allocation over another. It is sometimes suggested that such cases can be handled by tiebreakers. In this paper, we discuss two versions of tiebreakers suggested in the literature. One version is to preserve fairness or impartiality by holding a lottery. The other version is to allow secondary considerations, considerations that (...) are not part of our primary priority setting criteria, to be decisive. We argue that the argument for preserving impartiality by holding a lottery is sound, while the argument for using tiebreakers as secondary considerations is not. Finally, we argue that the instances where a tiebreaker seems necessary are precisely the situations where we have strong reasons for preferring a lottery. We conclude that factors that we consider valuable should all be included among the primary considerations, while ties should be settled by lotteries. (shrink)