This article compares the means that the United States, France, and Japan use to oversee pharmaceutical industry-physician financial relationships. These countries rely on professional and/or industry ethical codes, anti-kickback laws, and fair trade practice laws. They restrict kickbacks the most strictly, allow wide latitude on gifts, and generally permit drug firms to fund professional activities and associations. Consequently, to avoid legal liability, drug firms often replace kickbacks with gifts and grants. The paper concludes by proposing reforms that address problems that (...) persist when firms replace kickbacks with gifts and grants based on the experience of the three countries. (shrink)

The Eurozone crisis has triggered profound political and economic changes across the debtor member states. This article shows how the crisis and the imposition of austerity policies by the Troika have forced Spain to pursue internal devaluation as a means of economic adjustment through the reduction of real wages, increased pressure for liberalizing labor market institutions, and given Spain’s conservative government the opportunity and cover to pursue radical neoliberal labor law reforms. Spain’s 2012 labor law reforms went well beyond external (...) demands. The crisis and the Troika’s policy demands generated mass unemployment, devastated Spain’s Socialist Party, and created the enabling conditions for economic reforms. But domestic partisan considerations led the conservative People’s Party to commandeer the crisis to weaken unions as the electoral and organizational base of the center-left opposition. The PP channeled reform into an attack on labor that decisively shifted power to employers. As organized labor relations were reduced to concession bargaining, real wages have plummeted for the vast majority of Spaniards, even as mass unemployment and economic stagnation persist. Analysis suggests the emergence of a winner-take-all economy that will have lasting consequences for the Eurozone and the European Union. (shrink)

This article builds on my previous article on Dirk H. Th. Vollenhoven (Ive 2015) and provides an overview of the development of the systematic philosophy of Herman Dooyeweerd. This article seeks to provide an overview of the key developments in the thinking of Dooyeweerd, both in the convergences arising from the conversation of the two brothers-in-law and long-term colleagues and in their divergences. Dooyeweerd and Vollenhoven worked within the tradition of Abraham Kuyper, the father of Reformational philosophy. The development of (...) their respective philosophical systematics has tended to be addressed separately. However, I argue that the close cooperation between the two philosophers was critical in the formulation of the philosophy of the cosmonomic Idea. The philosophical conversation between the two persisted, despite critical divergences, largely aired privately. Their respective insights remained a source of mutual stimulus and complementarity foundational for Reformational philosophy. (shrink)

Despite regulatory reforms aimed at inhibiting aggressive financial reporting, earnings management persists and continues to concern practitioners, regulators, and standard setters. To provide insight into this practice and how to mitigate it, we conduct an experiment to examine the impact of two independent variables on CFOs’ discretionary expense accruals. One independent variable, incentive conflict, is manipulated at two levels —i.e., the presence or absence of a personal financial incentive that conflicts with a corporate financial incentive. The other independent variable is (...) CFOs’ earnings management ethics, measured as their assessment of the ethicalness of key earnings management motivations. We find that incentive conflict and EM-Ethics interact to determine CFOs’ discretionary accruals such that in the presence of incentive conflict, CFOs with low EM-Ethics tend to give into the personal incentive by booking higher expense accruals; and in the absence of an incentive conflict, CFOs with low EM-Ethics tend to give into the corporate incentive by booking lower expense accruals. We also find support for a mediated-moderation model in which CFOs’ level of EM-Ethics influences their moral disengagement tendencies which, in turn, differentially affect their discretionary accruals, depending on the presence or absence of incentive conflict. Theoretical and practical implications of these findings are discussed. (shrink)

Theodicy: God or evil?: Irenaeus -- Augustine -- Thomas Aquinas -- John Hick -- Alvin Plantinga -- God and evil: Friedrich Nietzsche -- Richard Dawkins -- Divine hiddenness -- Rudolf Otto -- The Kabbalah -- Karl Barth -- Karl Rahner -- Empirical science -- A cultural, historical and literary survey: Does the devil exist? A persistent belief -- Stepping stones to Europe -- Demonology in medieval literary culture -- The Reformation: Two magisterial reformers: Martin Luther -- John Calvin -- (...) De-sacralisation -- The Catholic reform: Three outstanding reformers and conflict with the devil: Saint Ignatius Loyola -- Saint Teresa of Avila -- Saint John of the Cross -- The devil in the era of modernity: Poetry and literature in a new age -- Twentieth-century chronicles of evil -- Exorcism: A historical and theological analysis: Exorcism: The historical context -- Towards a theological assessment of exorcism -- Appendix: Towards a psychological analysis of possession and exorcism. (shrink)

The persistent failure of public schooling in low-income communities constitutes one of our nation's most pressing civil rights and social justice issues. Many school reformers recognize that poverty, racism, and a lack of power held by these communities undermine children's education and development, but few know what to do about it. A Match on Dry Grass argues that community organizing represents a fresh and promising approach to school reform as part of a broader agenda to build power for low-income (...) communities and address the profound social inequalities that affect the education of children. Based on a comprehensive national study, the book presents rich and compelling case studies of prominent organizing efforts in Chicago, New York City, Los Angeles, Denver, San Jose, and the Mississippi Delta. The authors show how organizing groups build the participation and leadership of parents and students so they can become powerful actors in school improvement efforts. They also identify promising ways to overcome divisions and create the collaborations between educators and community residents required for deep and sustainable school reform. Identifying the key processes that create strong connections between schools and communities, Warren, Mapp, and their collaborators show how community organizing builds powerful relationships that lead to the transformational change necessary to advance educational equity and a robust democracy. (shrink)

One of the central issues in comparative law and political economy is whether the forces of globalization will result in the convergence of public policies across countries. Noting in particular that taxes collected still cover a considerable range across industrialized countries — from a low of 20% of GDP to a high of 50% — some have argued that globalization has not resulted in a loss of tax sovereignty. However, following a review of the evidence, in this Article we conclude (...) that globalization has had significant but subtle effects on tax levels and structures. Moreover, these pressures will make it increasingly difficult for countries to raise revenue to finance new public needs and to structure their tax systems in order to achieve a more socially acceptable distribution of income than what market forces dictate. Tax levels in most countries have remained essentially flat over the past twenty years, but there is a host of reasons for thinking they would have continued to rise were it not for the pressures of globalization. Statutory corporate tax rates have declined dramatically and, although corporate tax revenues have remained robust, this has been due to factors unrelated to deliberate tax policy choices. Personal marginal tax rates have also declined sharply and tax revenues have been increasingly raised by regressive consumption taxes. These trends stem from tax competition brought on by the forces of globalization, not from changing ideas or other political variables. In this Article we conclude that in order to prevent tax competition from completely eroding the ability of countries to fashion their own tax systems, there will have to be considerable cooperation among the major countries and some harmonization of aspects of their tax systems, particularly as they apply to footloose factors of production. (shrink)

John Mair, Scotland's leading theologian in the half-century prior to the Scottish Reformation, argued that an assent of faith requires a movement not only of the intellect but also of the will, and that, to that extent, the assent of faith is subject to voluntary control and is therefore a free act. Mair's argument is expounded and analysed, and attention is paid to his relationship to his great predecessor John Duns Scotus.

Generally the theist's defense against the argument from evil invokes the libertarian ideal. But this route is not open to compatibilist Reformed theologians. They must show either that God's possibly creating humans with a more perfect nature is either an impossibility or that his doing so violates some fundamental principle of value. I argue that the compatibilist Reformed theologian is unsuccessful in both. Specifically, in the latter case, there is no ground for thinking that redemption and its associated evil (as (...) found in the concept of a fortunate fall) are superior to persistent innocence. (shrink)

Modern research has done much to elucidate the question what the reforms of Kleisthenes in fact achieved, and the work continues, but that does not settle the question what he was trying to achieve. Herodotos gives him a political motive in outline, that he brought the people over to his side because he had been defeated in a struggle for power against Isagoras ; and in resuming this proposition after a digression he describes the Athenian people as . But he (...) gives us no clear insight into the nature or mechanism of the struggle with Isagoras, and in particular he does not say that the latter's election to the archonship in 508 constituted his victory, though the dating of the reform to the archonship of Isagoras makes that highly probable; nor does he explain in what sense or by whom the Athenian people had been ‘previously excluded’. (shrink)

The criterion of truth is the measure of the truthfulness and reliability of our knowledge. It is also the basis for determining the correctness of our concepts and how much our perceptions, ideas, and concepts accord with objective reality. Idealism holds to the idea that the criterion of truth does not involve the integration between theory as created by human intelligence and objective reality, but rather that the criterion of truth involves the "clarity and correctness" of perception, viewpoints, and concepts (...) by the subject. For instance, the Machists 1 think that the criterion of truth is experience, however, they neither interpret experience from a materialistic viewpoint, nor view experience as the result of humans interacting with nature as they reform it. The Machists view experience as a summary of perceptions and as the subjective experience of humans. In this sense, perception must be tested by perception itself. In attempting to escape the trap of solipsism , they proposed "collective experience" as the criterion of truth. According to such a view, anything that involves "common significance," that is, anything acknowledged by everyone, is the truth. Lenin exposed the absurdity of idealist theory by pointing out that by following the view of "socially formed experience" it is very easy to consider as normal the most absurd and farcical notions, such as ghosts, for such beliefs are also a form of human "experience." Religion also possesses a "common significance," for innumerable people believe in ghosts and miracles, etc. Nevertheless, religion does not become the truth because of this. The concept of the "criterion of truth" held by the Machists played a dominant role in modern bourgeois philosophy. Jean Jacques Rousseau and John Dewey, along with other reactionaries in philosophy all denied scientific criteria. They would rather that the masses remain ignorant of how to understand and determine the truth. (shrink)

Commentary, representing the position of the Arya Samaj, Hindu reform movement, on Patanjali's Yogasūtra, basic statement of Hindu Yoga philosophy.

: The purposes of this critical analysis are to clarify why high stakes testing reforms have become so prevalent in the United States and to explain the connection between current federal and state emphases on standardized testing reforms and educational opportunities. The article outlines the policy context for high stakes examinations, as well as the ideas of testing and accountability as major tenets of current education reform and policy. In partial explanation of the widespread acceptance and use of standardized tests (...) in the United States, we argue that there is a pervasive testing culture, in addition to other contributing factors such as administrative utility, profit motives, and political ideology. Finally, we offer a critique of high stakes testing reforms in light of concerns about equality of educational opportunity. (shrink)

Presents close analysis of eight of Francis Bacon's texts in order to investigate the relation of his religious views to his instauration. Attempts to correct the persistent misconception of Bacon as a secular modern who dismissed religion in order to promote the human advancement of knowledge"--Provided by publisher.

In this paper I describe the history of the surreal trajectories problem and argue that in fact it is not a problem for Bohm's theory. More specifically, I argue that one can take the particle trajectories predicted by Bohm's theory to be the actual trajectories that particles follow and that there is no reason to suppose that good particle detectors are somehow fooled in the context of the surreal trajectories experiments. Rather than showing that Bohm's theory predicts the wrong particle (...) trajectories or that it somehow prevents one from making reliable measurements, such experiments ultimately reveal the special role played by position and the fundamental incompatibility between Bohm's theory and relativity. They also provide a striking example of the theory-ladenness of observation. (shrink)

This paper uses the recent history of marketization and privatization in the UK National Health Service as a case study through which to explore the relationship between health-care organization and health-care goods. Phases and processes of marketization are briefly reviewed in order to show that, although the scope of both marketization and privatization reforms have, until recently, been very heavily circumscribed (and can only be understood in the context of the rise of managerialism), they have nonetheless had a major impact (...) on the “value field” of UK health services. The second half of the paper draws upon the concerns of the critics of market-style reforms to set out and explore the ways in which organizational reform and the shifts in institutional norms consequent upon it construct health-care goods and argues that the investigation of this organization-goods axis ought to have a central place in health-care ethics. (shrink)

In this study we replicated the explanatory effect of a label which had been found by Giffin et al.. In their experiments, they used vignettes describing an odd behavior of a person based on culturally specific disorders that were unfamiliar to respondents. It turned out that explanations which explain an odd behavior through a person’s tendency to behave that way seemed more persuasive if the disorder was given a label that was used in the explanation. We replicated these results in (...) Experiment 1, and in a follow-up Experiment 2 we examined the familiarity with category information and the evaluation of that category over time. We realized that the label effect persists even when people make judgments based on their recollections about a category. Furthermore, according to a content analysis of the recollections, participants in the label condition remembered more information from the vignettes but tended to forget an artificial label; however, they used other words from the disorder domain instead. This allowed us to suggest a new interpretation of this effect: we suppose that in the Giffin et al. experiments the label did not bring any new features to a category itself, but pointed to a relevant domain instead, so the effect appeared from the activation of areas of knowledge in semantic memory and the application of relevant schema for learning a new phenomenon. (shrink)

This article examines recent developments in the regulation of the medical profession in England, with particular reference to doctors working in the National Health Service (NHS). It is argued that the Health Act 1999 and associated government policies are bringing about a shift from a «light touch», self-regulatory paradigm to a government-driven, interventionist approach. It is suggested that the reason for the change is not simply a governmental concern with the quality and nature of care provided by doctors, but more (...) significantly, a concern with the cost of that care. The article offers a critique of the new regime, drawing on the socio-legal literature on regulation. Some aspects of the reforms ignore the need to persuade doctors to comply, and may therefore result in cheating or «creative compliance»; other aspects of the reforms provide doctors with opportunities to «neutralize» their impact. It concludes with an examination of the wider significance of the change in regulatory paradigm, and of the agenda for future research in this field. (shrink)

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken (...) for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law. (shrink)

"Best interests" is widely accepted as the appropriate foundation principle for medico-legal decisions concerning treatment withdrawal from patients in persistent vegetative state (PVS). Its application appears to progress logically from earlier use regarding legally incompetent patients. This author argues, however, that such confidence in the relevance of the principle of best interests to PVS is misplaced, and that current construction in this context is questionable on four specific grounds. Furthermore, it is argued that the resulting legal inconsistency is distorting (...) both the principle itself and, more particularly, individual patient interests. (shrink)

Although the impact of market reforms in Swedish health care stands out as not very far-reaching in an international comparison, it represents a route away from the features and basic values normally associated with the Swedish or Scandinavian model. Summarizing the development over the last decades, we may identify signs of sustainability as well as change. Popular support for public provision and a robust institutional structure make far-reaching alterations of existing structures less feasible, although most visible changes this far—incremental though (...) they may be—represent a change in which the normative foundations of the Swedish model are challenged. (shrink)

The ongoing controversy about sweatshop labor has mainly focused on economic, on the one, and ethical aspects, on the other side. While proponents of sweatshop labor have argued that low wages would attract foreign investments, would create new workplace opportunities and thus improve economic welfare in less-developed countries, opponents of sweatshop labor argue that such treatment of laborers would violate their dignity, and they prompt western buyers to stop this kind of exploitation. However, the arguments in this debate are not (...) new. As we will show, they can be traced back to the early “sweatshop” debate between social reformers and classical liberals in the 19th century. Interestingly, the 19th century debate identified sweatshop labor not as an industrial system but as a social phenomenon which becomes more likely when several social preconditions are fulfilled. It will be shown that the social preconditions identified in this debate determine working conditions till today and can be used to identify industries were sweatshop labor is more likely than in others—even in western countries. (shrink)

sirThe finding that Japanese physicians are reluctant to withdraw artificial nutrition from patients in persistent vegetative state is of note because, as the authors of a recent paper in the journal point out, Japanese physicians cannot be described as being strongly subject to the Judaeo-Christian influence.1 Despite this, the Japanese physicians show the same reluctance ….

The House of Lords in F v West Berkshire Health Authority [1989] considered the lawfulness of providing care and treatment for a mentally incapacitated adult. They did not, however, directly consider the use of restraint to enable the provision of care in the face of resistance from the patient. The law has since had good cause to give consideration to this important issue. This paper establishes the present law in the context of using restraint to deliver care. Although the legal (...) principles established have derived from what might be considered to be “hard cases”, life-and-death cases, they apply to all aspects of routine medical, dental and nursing care. Further, the paper considers the recent government proposals and the effect those proposals may have on the routine care of such patients. (shrink)

This article falls into two parts: the first is an analysis, in the light of my earlier discussions of and of the Homeric usage of and the second, an attempt to show that, as in the case of the effects of Homeric usage persist to a considerable degree in the moral philosophy of Aristotle. In the earlier discussions I have argued that the higher value placed upon the competitive in Greek entails that co-operative relationships, even when valued and necessary, take (...) the form dictated by the more valued qualities, the The most general words to denote co-operative relationships in Greek are and its derivatives: my purpose here is to show how the Homeric usage of these words is related to the Homeric standard and to Homeric society, and to sketch in the outline of a wider discussion, which I hope to be able to fill in later. (shrink)

This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book (...) looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection. (shrink)

This article falls into two parts: the first is an analysis, in the light of my earlier discussions of and of the Homeric usage of and the second, an attempt to show that, as in the case of the effects of Homeric usage persist to a considerable degree in the moral philosophy of Aristotle. In the earlier discussions I have argued that the higher value placed upon the competitive in Greek entails that co-operative relationships, even when valued and necessary, take (...) the form dictated by the more valued qualities, the The most general words to denote co-operative relationships in Greek are and its derivatives: my purpose here is to show how the Homeric usage of these words is related to the Homeric standard and to Homeric society, and to sketch in the outline of a wider discussion, which I hope to be able to fill in later. (shrink)

This paper considers recent heated debates led by Jerry A. Coyne andMichael J. Wade on issues stemming from the 1929–1962 R.A. Fisher-Sewall Wrightcontroversy in population genetics. William B. Provine once remarked that theFisher-Wright controversy is central, fundamental, and very influential.Indeed,it is also persistent. The argumentative structure of therecent (1997–2000) debates is analyzed with the aim of eliminating a logicalconflict in them, viz., that the two sides in the debates havedifferent aims and that, as such, they are talking past each (...) other. Given aphilosophical analysis of the argumentative structure of the debates,suggestions supportive of Wade's work on the debate are made that areaimed, modestly, at putting the persistent Fisher-Wright controversy on thecourse to resolution. (shrink)

Dans le cadre d’une recherche plus vaste sur les origines françaises du débat italien sur la raison d’État à la fin du XVIe siècle, Enzo Baldini étudie les liens étroits des deux livres de Giovanni Botero et de René de Lucinge. L’auteur montre comment le dialogue que les deux hommes entretinrent durant les années 1580 fut décisif non seulement pour le traité que Lucinge consacra à la Naissance, durée et chute des Estats, mais aussi pour la réflexion de Botero sur (...) la « raison par laquelle on gouverne un État ». (shrink)

This article falls into two parts: the first is an analysis, in the light of my earlier discussions of and of the Homeric usage of and the second, an attempt to show that, as in the case of the effects of Homeric usage persist to a considerable degree in the moral philosophy of Aristotle. In the earlier discussions I have argued that the higher value placed upon the competitive in Greek entails that co-operative relationships, even when valued and necessary, take (...) the form dictated by the more valued qualities, the The most general words to denote co-operative relationships in Greek are and its derivatives: my purpose here is to show how the Homeric usage of these words is related to the Homeric standard and to Homeric society, and to sketch in the outline of a wider discussion, which I hope to be able to fill in later. (shrink)

Is the tonal ordering of music, and the order of European triadic tonality in particular, the developed manifestation of an essential musical structure—a structure naturally suited to our human capacity to organize sounds musically? Historically and geographically, triadic tonality is a highly local phenomenon, limited to music beginning in the mid-seventeenth century and, until the nineteenth century, almost wholly confined to the Western European musical tradition. Some theorists accordingly regard tonality as a dispensable aesthetic convention—and one which, moreover, has had (...) its day. For many listeners, however, works within this tradition possess a distinctive ability to embody musical movement and expression. This paper examines Roger Scruton's defense of tonality as developed in the European common practice period. I examine his reasons for supposing that tonality is an ineliminable feature of sounds heard and understood as music. Those reasons, I conclude, are inconclusive; on their own they do not show that tonality either will or should persist as an authoritative musical order. Triadic tonality has, at best, an uncertain future. (shrink)

A paperback re-issue of Bainton's excellent Reformation study, first published in 1952. --A. C. P.

Jared Diamond and other leading scholars have argued that the domestication of animals for food, labor, and tools of war has advanced the development of human society. But by comparing practices of animal exploitation for food and resources in different societies over time, David A. Nibert reaches a strikingly different conclusion. He finds in the domestication of animals, which he renames "domesecration," a perversion of human ethics, the development of large-scale acts of violence, disastrous patterns of destruction, and growth-curbing epidemics (...) of infectious disease. Nibert centers his study on nomadic pastoralism and the development of commercial ranching, a practice that has been largely controlled by elite groups and expanded with the rise of capitalism. Beginning with the pastoral societies of the Eurasian steppe and continuing through to the exportation of Western, meat-centered eating habits throughout today's world, Nibert connects the domesecration of animals to violence, invasion, extermination, displacement, enslavement, repression, pandemic chronic disease, and hunger. In his view, conquest and subjugation were the results of the need to appropriate land and water to maintain large groups of animals, and the gross amassing of military power has its roots in the economic benefits of the exploitation, exchange, and sale of animals. Deadly zoonotic diseases, Nibert shows, have accompanied violent developments throughout history, laying waste to whole cities, societies, and civilizations. His most powerful insight situates the domesecration of animals as a precondition for the oppression of human populations, particularly indigenous peoples, an injustice impossible to rectify while the material interests of the elite are inextricably linked to the exploitation of animals. Nibert links domesecration to some of the most critical issues facing the world today, including the depletion of fresh water, topsoil, and oil reserves; global warming; and world hunger, and he reviews the U.S. government's military response to the inevitable crises of an overheated, hungry, resource-depleted world. Most animal-advocacy campaigns reinforce current oppressive practices, Nibert argues. Instead, he suggests reforms that challenge the legitimacy of both domesecration and capitalism. (shrink)

A longitudinal survey of business graduates over a four-year period revealed stability over time in their assessments of proposals to improve business ethics except for significantly greater disapproval of government regulation. A comparison of graduates and executives indicate both favor developing general ethical business principles, business ethics courses, and codes of ethics, while disapproving government regulation and participation by religious leaders in ethical norms for business. The mean rankings by business graduates over time of factors influencing ethical conduct show significant (...) declines in school-university training and significant increases for religious training and industry practices. Graduates and executives rank family training as the most important influence and school-university training as least important. The authors conclude that a more careful consideration be given to matching reform proposals and influence factors, and to increasing the depth of change efforts in individual business ethics. (shrink)