This article provides an ISCT analysis of commercial bribery focused on transaction cost economics. In the language of Antitrust, commercial bribery is a form of vertical arrangement subject to the same efficiency analysis that has found other vertical arrangements potentially beneficial to consumers. My analysis shows that actions condemned as commerical bribery in the Honda case may well have benefited Honda's dealer network once promotional free riding and other forms of rent seeking by dealers are considered. I propose that the (...) term "commercial bribery" should be avoided until after an ISCT analysis shows that the community is likely to have been harmed. The term "third-party payments" is a more ethically neutral term with which to begin the analysis. (shrink)

This paper makes three important points regarding socially responsible investing. First, the current methodology involving SRI fund divestiture of the securities of firms that engage in socially irresponsible activity often results in unacceptable unintended consequences. Second, in many cases the proper methodology for SRI funds may be purposely to include the securities of such firms in the portfolio in an effort to internalize socially irresponsible interfirm spillovers. Finally, that SRI fund managers may be able to bound their performance by organizing (...) as closed-end funds subject to takeover and liquidation if the stated socially responsible objectives are not met. (shrink)

This article provides an ISCT analysis of commercial bribery focused on transaction cost economics. In the language of Antitrust, commercial bribery is a form of vertical arrangement subject to the same efficiency analysis that has found other vertical arrangements potentially beneficial to consumers. My analysis shows that actions condemned as commerical bribery in the Honda case (1996) may well have benefited Honda's dealer network once promotional free riding and other forms of rent seeking by dealers are considered. I propose that (...) the term "commercial bribery" should be avoided until after an ISCT analysis shows that the community is likely to have been harmed. The term "third-party payments" is a more ethically neutral term with which to begin the analysis. (shrink)

This issue considers the ethics of a healthcare provider intervening into a patient’s genitalia, whether by means of cutting or surgery or by ‘mere’ touching/examination. Authors argue that the permissibility of such actions in the absence of a relevant medical emergency does not primarily turn on third-party judgments of expected levels of physical harm versus benefit, or on related notions such as extensiveness or invasiveness; rather, it turns on the patient’s own consent. To bolster this argument, attention is drawn to (...) the status of the genitals as ‘intimate’ anatomy—a status that is not fully erased by being in a medical context. In this editorial, we draw on the work of Talia Mae Bettcher on ‘intimate agency’ to explore why unconsented interventions into the genitalia may constitute a distinctive sort of personal violation compared to unconsented contact with various other parts of the human body. In their feature article, Marit van der Pijl and colleagues1 argue it is unethical for healthcare providers to perform unconsented episiotomies on persons in labour. In particular, they suggest that, outside of certain rare emergencies in which, for example, the person giving birth is incapacitated1 and the procedure cannot be delayed until consent becomes possible without introducing a significant risk of serious harm (call these ‘medically necessary’2 procedures), ‘presumed consent’ is the incorrect standard to apply. Instead, they stress that, especially when a proposed intervention involves a person’s genital, sexual or reproductive organs, the need to obtain their explicit consent in advance of proceeding must be honoured. As the authors note, the broader social significance of our genitalia—widely regarded as ‘private’ anatomy—is not erased by being in a medical context (see also 2–4). Boundaries must still be observed. Ethically, this ‘leaves a very small margin for error because invasion of these body parts …. (shrink)

Foreword -- 1. The War Within -- 2. The Cult of Experience -- 3. The Long March -- 4. America's Transformers -- 5. American Restoration -- 6. Twenty-twenty Vision -- Acknowledgments.

Attention is often dichotomized into controlled vs. automatic processing, where controlled processing is slow, flexible, and intentional, and automatic processing is fast, inflexible, and unintentional. In contrast to this strict dichotomy, there is mounting evidence for context-specific processes that are engaged rapidly yet are also flexible. In the present study we extend this idea to the domain of implicit learning to examine whether flexibility in automatic processes can be implemented through the reliance on contextual features. Across three experiments we show (...) that participants can learn implicitly two complementary sequences that are associated with distinct contexts, and that transfer of learning when the two contexts are randomly intermixed depends on the distinctiveness of the two contexts. Our results point to the role of context-specific processes in the acquisition and expression of implicit sequence knowledge, and also suggest that episodic details can be represented in sequence knowledge. (shrink)

Hastings Center Report, Volume 52, Issue 2, Page 7-9, March‐April 2022.

“Clinical ethics consultants” have been practicing in the United States for about 50 years. Most of the earliest consultants—the “pioneers”—were “outsiders” when they first appeared at patients' bedsides and in the clinic. However, if they were outsiders initially, they acclimated to the clinical setting and became “insiders” very quickly. Moreover, there was some tension between traditional academics and those doing applied ethics about whether there was sufficient “critical distance” for appropriate reflection about the complex medical ethics dilemmas of the day (...) if one were involved in the decision making. Again, the pioneers deflected concerns by identifying and instituting safeguards to assure professional objectivity in clinical ethics consultation services. One might suggest that in moving inside and establishing normative practices, the pioneer clinical ethics consultants anticipated adoption of their routines and professionalization of the field. (shrink)

I present a general theory for the initial domestication of plants and animals that is based on niche construction theory and incorporates several behavioral ecological concepts, including central-place provisioning, resource catchment, resource ownership and defensibility, and traditional ecological knowledge. This theory provides an alternative to, and replacement for, current explanations, including diet breadth models of optimal foraging theory, that are based on an outmoded concept of asymmetrical adaptation and that attempt to explain domestication as an adaptive response to resource imbalance (...) resulting from either environmental decline or human population growth. The small-scale human societies that first domesticated plants and animals share a number of basic interrelated attributes that when considered as an integrated and coherent set of behaviors provide the context for explaining initial domestication not as an adaptive response to an adverse environmental shift or to human population growth or packing but rather as the result of deliberate human enhancement of resource-rich environments in situations where evidence of resource imbalance is absent. (shrink)

As clinical ethics consultants move toward professionalization, the process of certifying individual consultants or accrediting programs will be discussed and debated. With certification, some entity must be established or ordained to oversee the standards and procedures. If the process evolves like other professions, it seems plausible that it will eventually include a written examination to evaluate the core knowledge competencies that individual practitioners should possess to meet peer practice standards. The American Society for Bioethics and Humanities has published core knowledge (...) competencies for many years that are accepted by experts as the prevailing standard. Probably any written examination will be based upon the ASBH core knowledge competencies. However, much remains to be done before any examination may be offered. In particular, it seems likely that a recognized examining board must create and validate examination questions and structure the examination so as to establish meaningful, defensible parameters after dealing with such challenging questions as: Should the certifying examination be multiple choice or short-answer essay? How should the test be graded? What should the pass rate be? How may the examination be best administered? To advance the field of health care ethics consultation, thought leaders should start to focus on the written examination possibilities, to date unaddressed carefully in the literature. Examination models—both objective and written—must be explored as a viable strategy about how the field of health care ethics consultations can grow toward professionalization. (shrink)

Can we legitimately speak of ethicsexperts? Recent literature in philosophy and medical ethics addresses this important question but does not offer a satisfactory answer. Part of the problem is the absence of an examination of what it means to be an expert in general. I therefore begin by reviewing my analysis of expertise which appeared earlier in this journal. We speak of two kinds of experts: persons whose expertise is in virtue of what theyknow (epistemic expertise), or what theydo (performative (...) expertise). Applying this analysis to the domain of ethics, I argue that we may speak of ethical expertise in three epistemic senses: a) expertise indescriptive ethics, b) expertise inmetaethics, c) expertise innormative ethics, and in a performative sense: d) expertise inliving a good life. I conclude with a brief description of some social roles of ethics experts. (shrink)

The general process view of learning, which guided research into learning for the first half of this century, has come under attack in recent years from several quarters. One form of criticism has come from proponents of the so-called biological boundaries approach to learning. These theorists have presented a variety of data showing that supposedly general laws of learning may in fact be limited in their applicability to different species and learning tasks, and they argue that the limitations are drawn (...) by the nature of each species' adaptation to the particular requirements of its natural environment. The biological boundaries approach has served an important critical function in the move away from general process learning theory, but it is limited in its ability to provide an alternative to the general process approach. In particular, the biological boundaries approach lacks generality, it is in some respects subservient to the general process tradition, and its ecological content is in too many cases limited toex post factoadaptive explanations of learning skills. A contrasting, ecological approach to learning, which can provide a true alternative to general process theory, is presented. The ecological approach begins by providing an ecological task description for naturally occurring instances of learning; this step answers the question:Whatdoes this animal learn to do? The next step is an analysis of the means by which learning occurs in the course of development, answering the question:Howdoes the animal learn to do this? On the basis of such analyses, local principles of adaptation are formulated to account for the learning abilities of individual species. More global principles are sought by generalization among these local principles and may form the basis for a general ecological theory of learning. (shrink)

Experts play an important role in society, but there has been little investigation about the nature of expertise. I argue that there are two kinds of experts: those whose expertise is a function of what theyknow (epistemic expertise), or what theydo (performative expertise). Epistemic expertise is the capacity to provide strong justifications for a range of propositions in a domain, while performative expertise is the capacity to perform a skill well according to the rules and virtues of a practice. Both (...) epistemic and performative experts may legitimately disagree with one another, and the two senses are conceptually and logically distinct. (shrink)

For over a century, the Danish thinker Søren Kierkegaard has been at the center of a number of important discussions, concerning not only philosophy and theology, but also, more recently, fields such as social thought, psychology, and contemporary aesthetics, especially literary theory. Despite his relatively short life, Kierkegaard was an extraordinarily prolific writer, as attested to by the 26-volume Princeton University Press edition of all of his published writings. But Kierkegaard left behind nearly as much unpublished writing, most of which (...) consists of what are called his "journals and notebooks." Kierkegaard has long been recognized as one of history's great journal keepers, but only rather small portions of his journals and notebooks are what we usually understand by the term "diaries." By far the greater part of Kierkegaard's journals and notebooks consists of reflections on a myriad of subjects--philosophical, religious, political, personal. Studying his journals and notebooks takes us into his workshop, where we can see his entire universe of thought. We can witness the genesis of his published works, to be sure--but we can also see whole galaxies of concepts, new insights, and fragments, large and small, of partially completed but unpublished works. Kierkegaard's Journals and Notebooks enables us to see the thinker in dialogue with his times and with himself. Volume 6 of this 11-volume series includes four of Kierkegaard's important "NB" journals, covering the months from early May 1849 to the beginning of 1850. At this time Denmark was coming to terms with the 1848 revolution that had replaced absolutism with popular sovereignty, while the war with the German states continued, and the country pondered exactly what replacing the old State Church with the Danish People's Church would mean. In these journals Kierkegaard reflects at length on political and, especially, on ecclesiastical developments. His brooding over the ongoing effects of his fight with the satirical journal Corsair continues, and he also examines and re-examines the broader personal and religious significance of his broken engagement with Regine Olsen. These journals also contain reflections by Kierkegaard on a number of his most important works, including the two works written under his "new" pseudonym Anti-Climacus and his various attempts at autobiographical explanations of his work. And, all the while, the drumbeat of his radical critique of "Christendom" continues and escalates. Kierkegaard wrote his journals in a two-column format, one for his initial entries and the second for the extensive marginal comments that he added later. This edition of the journals reproduces this format, includes several photographs of original manuscript pages, and contains extensive scholarly commentary on the various entries and on the history of the manuscripts being reproduced. (shrink)