Part I distinguishes epistemic and choice democracy, attributing the first to the Rawls of A Theory of Justice but arguing that the second is more justifiable. Part II argues that in comparison with the difference principle, three principles — equal participation in choice democracy, no subordinating purpose, and a just wants guarantee — constitute a more rational choice in the original position; and that they better provide all the benefits claimed for the difference principle in its comparison with either average (...) utilitarianism or restricted average utilitarianism (the mixed conception). Part III, despite noting that my conclusions in Part II can all be reached within the Rawlsian framework, suggests that finding the basis of equality in the presuppositions of communicative action rather than in the existence of the two basic moral powers is more conducive to the affirmative conclusions of Parts I and II. It argues that Rawls' conclusions represented in part his not fully carrying out the break with Kant that he identified himself as making. (shrink)

My thesis is simple. The right of informational privacy, the great modern achievement often attributed to the classic Samuel Warren and Louis Brandeis article, “The Right to Privacy” , asserts an individual's right not to have private personal information circulated. Warren and Brandeis claimed that individual dignity in a modern society requires that people be able to keep their private lives to themselves and proposed that the common law should be understood to protect this dignity by making dissemination of private (...) information a tort. As broadly stated, this right not to have private information distributed directly conflicts with a broadly conceived freedom of speech and of the press. My claim is that, in cases of conflict, the law should reject the Warren and Brandeis innovation. Speech and press freedom should prevail; the privacy tort should be ignored. This conclusion requires a normative argument concerning the appropriate basis and status of speech freedom that this essay will not really provide but for which I have argued elsewhere. Here, instead, I will describe that theory of speech freedom, explore its implications for informational privacy, and finally suggest some reasons to think that rejection of the privacy tort should not be so troubling and is, in fact, pragmatically desirable. (shrink)

This paper examines relationships between accountants’ personal values and their moral reasoning. In particular, we hypothesize that there is an inverse relationship between accountants’ “Conformity” values and principled moral reasoning. This investigation is important because the literature suggests that conformity with rule-based standards may be one reason for professional accountants’ relatively lower scores on measures of moral reasoning (Abdolmohammadi et al. J Bus Ethics 16 (1997) 1717). We administered the Rokeach Values Survey (RVS) (Rokeach: 1973, The Nature of Human Values (...) (The Free Press, New York)) and the Defining Issues Test (DIT) (Rest: 1979, Development in Judgment Moral Issues (University of Minnesota Press, Minneapolis, MN)) to164 graduating accounting students enrolled in capstone courses at two universities in the Northeastern United States. As potential entrants into the accounting profession, these subjects bring their values and moral reasoning to bear on attitudes and behaviors in the workplace. We find a highly significant inverse relationship between “Conformity” values and principled moral reasoning (i.e., those who prefer Conformity values have lower levels of moral reasoning). However, we also find that accounting students as a group do not prefer Conformity values above other values such as Self-actualization and Idealism, and we find positive relationships between Self-actualization and Idealism values and moral reasoning. Implications for values and ethics research are discussed. (shrink)

Abstract: How can the decisions of “autonomous” individuals provide a rationale for freedom and self-governance if a mechanical and causal sense of the self leads us to question the foundational nature of the individual? If most of our decisions originate in brain function below the level of consciousness, we live in a virtual world produced by mechanisms outside our control, arising from transparent self-models of which we are not aware. “Opacity,” the gift of not perceiving directly, of not automatically believing (...) what we are experiencing, is precisely what makes it possible for us to question our first-person perspectives. While we do not have direct access to the mechanisms that give rise to our sense of ourselves, our investigation can make it possible for us to analyze and understand those very mechanisms consciously. The deployment of that knowledge in the act of decision making and the infinite regress of interacting conscious individuals underlies our existential freedom. (shrink)

It has always been the ideal of science to discover laws of nature on which we can all agree. Agreement requires evidence independent of individual judgment, i.e., objective evidence. We apply the term objective to such unbiased scientific evidence because we associate it with an external world of objects that we conceive to be the origin of our information. This external world is instinctively invented by each of us as a means of dealing with invariant patterns in his private world (...) of experience. The invention is validated and elaborated as a consequence of the fact that it turns out to be sharable. In fact the common content of all our invented external worlds is so unambiguous and independent of individual bias that it can form the universally accepted basis for communication and action in an organized society. The consistency of the patterns of experience associated with the external world is such that we are under severe psychological compulsion to assign to this world an existence independent of our experience and a reality superior to that of any small part of our experience. Physical science is devoted to the study of the “laws” of the external physical universe, i.e., to the behaviour of the objects in it. Hence there is a strong tendency to project into the external world the information gathered by scientifically objective methods and even the theoretical concepts in terms of which the information is interpreted. Whatever is so projected is objective in a second sense of the term, i.e., assigned by us to the external world of objects. (shrink)

When it is seen that those who speak for the new society also establish it wherever they are, then the ranks of oppression and inequity break and straggle; when it is seen that those who speak for the new society are less regardful of the comfort and rights of others than are the best in the old society, then the ranks of oppression and inequity re-aline [sic] and advance anew to battle. He that cries against externally-enforced order carries complete conviction (...) only when he ceases to create disorder by discourtesy, tumult, and greater invasions. I can have little faith in the professed love of liberty of one who denies to me the opportunity to hear what he or she does not care to hear, just as I can have little faith in the professions of the Censor who denies to me the opportunity to read what he does not care to read. “We learn to do by doing.”. (shrink)

This article responds to Stanley J. Grenz's Templeton Lecture, “Why Do Theologians Need to Be Scientists?” published in the June 2000 issue of Zygon (Grenz 2000). In the first part I outline my reasons for finding the kind of theological reflections in which Grenz engages worthy of attention by noting my disagreement with the view that a sufficient response to theological issues can be formulated on the basis of an examination of our biological nature. I assert, in that connection, the (...) autonomy of reason as a way of investigating and understanding the world. In the second part I respond directly to Grenz by explaining my disagreement with the postmodern critique of science upon which he relies and his adherence to Christian eschatology as an answer to the conundrums into which, he posits, we are drawn as a result of that critique. I note that I agree with Grenz, however, that the activity of valuing is necessarily a forward‐looking Godlike endeavor that is not derivable from science. In the third part I suggest that we must be open to the investigation of the possible existence of an objective realm of value and that, in any case, rejection of the postmodern critique of science in many cases pro‐vides a sound basis for the disciplined resolution of factual questions that frequently lie at the base of disagreements about values. (shrink)

In the first part of the paper, the author discusses the origin and obligation of the medical profession and argues that the duty of fidelity in the context of a patient–professional relationship (PPR) is the central obligation of medical professionals. The duty of fidelity entails seeking the patient’s best interests even at the expense of the professional’s own, and refusing to treat a risk-patient infected by SARS is a breach of fidelity because the medical professional is involved in a situation (...) of conflict of interests and places his/her own health interests ahead of the patient. The author attributes the failure to the fact that professional ethical codes are not legally enforceable, and this failure at the microethical level damages the integrity of the profession at the macroethical level. The author argues that professional autonomy must be subordinated to professional fidelity for the medical profession to survive as a social institution. In the second part of the paper, the author shows that the PPR has most of the important attributes of a fiduciary relationship, and analyzes several important court cases in some common law jurisdictions to illustrate the increasing importance of fiduciary law in adjudicating disputes between patients and medical professionals, and appeals to law courts and legislatures to apply more stringent fiduciary principles on the medical profession to ensure that the professional duty of fidelity is enforced and the goal of medicine fulfilled for the interests of members of the community who has established the medical profession in the first place. (shrink)

This paper starts with an intuitive notion of representational spaces, which is intended to provide an improved version of Kuhn's concept of paradigms. It then proceeds to study the following topics in terms of this new notion: incommensurability, paradigm change, explanation of anomalies, explanation of regularities, explanation of irregularities, and physical necessity. In the course of the investigation, "representational space" gets clarified and defined. It is envisaged that this new concept should throw light on many issues in the philosophy of (...) science. (shrink)

The article focuses on stories and storytelling practices as explanatory resources in standardization processes. It draws upon an ethnographic study of the development of a technical standard for data sharing in an ecological research community, where participants struggle to articulate the difficulties encountered in implementing the standard. Building from C. Wright Mills’ classic distinction between private troubles and public issues, the authors follow the development of a story as it comes to assist in transforming individual troubles in standard implementation into (...) an institutional issue for the ecological scientific community. The authors present the “hands-on” social science collaboration in this study as an example of a mechanism for supporting institutionalization of issues. Finally, the authors argue that narratives can serve as effective organizing principles within institutional settings, thereby providing an approach to understand the practical, substantive difficulties that occur in work with data in the sciences. (shrink)

Out of 288 Hong Kong cancer patients, 92.3% include themselves in decision-making, 71% prefer joint decision-making: with family, with doctor, with doctor plus family, with family minus doctor, and with doctor minus family. <5% want decision-making by “doctor-alone” and <1% desire decision-making by “family-alone”. Harmony, communication and responsibility are reasons for family participation. Most patients prefer “specialist” for information, followed by “family”, “friends”, and “GP”. Trust in doctors and prospects for controlling/curing disease are important factors in decision-making. Patients want to (...) participate and be listened to rather than make decisions. Doctors should not disclose information to family without patients’ permission, nor withhold information from patient [End Page 109] on family’s request. Only 25% of patients have discussed post-competent treatment with others and 7% have heard of Advance Directive ; 24% refuse to discuss it. After AD has been explained to them, 66% remain reluctant to sign one, preferring to leave oral instructions or appoint family as proxy decision-makers. The family’s decision-making role increases when patients become incompetent. The top reason for signing AD is to receive preferred post-competent treatments, and for not signing it, difficulty with making a prospective decision. The implications of these findings will be discussed. (shrink)

In scientific explanations, the explanans theory is sometimes incommensurable with the explanandum empirical data. How is this possible, especially when the explanation is deductive in nature? This paper attempts to solve the puzzle without relying on any particular theory of reference. For us, it is rather obvious that the geometric idea of projection plays a key role in Keplers explanation of Tycho Brahes empirical data. We discover that a similar mechanism operates in theoretic explanations in general. In short, all theoretic (...) explanations are projective explanations. If so, there should be no logical reason why explanans theories cannot be incommensurable with explanandum data. For illustration, we analyse Einsteins explanation of the results of the Michelson–Morley experiment in some detail. (shrink)

The writer of this paper is not an expert on probability from either the mathematical or the philosophical side, but a theoretical physicist forced by the exigencies of work in his own field to make his peace with the concept of probability. The present contribution is a sequel to remarks on two different types of probability in a recent paper on the relation between statistical mechanics and thermodynamics.

This chapter examines two different views of universal grammar. Most linguists assume that universal grammar is underspecified — providing us with an incomplete grammar to be elaborated by learning. But the alternative is that it is overspecified — providing us with a full range of possible grammars from which we select one on the basis of environmental input. Underspecification is now the dominant view in the developmental sciences, and is often treated as the null hypothesis on grounds of greater possibility, (...) parsimony, and simplicity. The chapter questions whether the underspecification view is really feasible and whether it is more parsimonious than the overspecification view, drawing on examples from certain African languages. It also shows that the perplexity evoked by overspecification theories disappears if language has a concealing purpose as well as a communicating purpose, similar to a code. (shrink)

Our best scientific theories explain a wide range of empirical phenomena, make accurate predictions, and are widely believed. Since many of these theories make ample use of mathematics, it is natural to see them as confirming its truth. Perhaps the use of mathematics in science even gives us reason to believe in the existence of abstract mathematical objects such as numbers and sets. These issues lie at the heart of the Indispensability Argument, to which this Element is devoted. The Element's (...) first half traces the evolution of the Indispensability Argument from its origins in Quine and Putnam's works, taking in naturalism, confirmational holism, Field's program, and the use of idealisations in science along the way. Its second half examines the explanatory version of the Indispensability Argument, and focuses on several more recent versions of easy-road and hard-road fictionalism respectively. (shrink)

This introduction to physical science combines a rigorous discussion of scientific principles with sufficient historical background and philosophic interpretation to add a new dimension of interest to the accounts given in more conventional textbooks. It brings out the twofold character of physical science as an expanding body of verifiable knowledge and as an organized human activity whose goals and values are major factors in the revolutionary changes sweeping over the world today.Professor Kemble insists that to understand science one must understand (...) not only what the scientists have discovered, but how the discoveries were made, why the growth of scientific knowledge had to begin slowly, and what it has done to our habits of thought. He has written neither a history of science nor an introduction to the philosophy of science but an introduction to scientific concepts and principles that supplies as much of their historical and philosophical context as limits of space permit.The volume takes up in turn the story of the astronomy of ancient Greece, the Copernican revolution, the idea of the expanding sidereal universe, the rise of Newton's classical mechanics with its many astronomical applications, the concept of energy and its relation to heat, to steam engines, and to thermodynamics. The volume ends with an account of the successes and failures of classical kinetic-molecular theory of heat. (shrink)

Analysis of the mechanisms underlying sex determination and sex differentiation in Drosophila has provided evidence for a complex but comprehensible regulatory hierarchy governing these developmental decisions. It is suggested here that the pattern of sexual differentiation and dosage compensation characteristic of the male is a default regulatory state. Recent results have provided, in addition, some surprising and intriguing conclusions: (1) that several of the critical controlling genes produce more transcripts than was predicted from the genetic analyses; (2) that setting of (...) the alternative sex‐specific states of the doublesex (dsx) locus involves differential transcript processing; and (3) that some aspects of sexual differentation require the prolonged action of certain elements of the regulatory hierarchy. These findings are discussed in connection with the current model of sex determination in Drosophila. (shrink)