As we settle further into the era of digital media and globalized visual culture, it might be tempting to think that photography holds no more than historical interest. Yet it continues to feature in debates with considerable significance for the present.1 The terms by which it was negotiated in the twentieth century – the print, the negative and the mechanical-optical apparatus, the affective experience of a moment stilled, and any truth that its rendering promises – have been technically and culturally (...) displaced and expanded. New instabilities have become familiar and have distanced us from how photography was understood, even in the fairly recent past. The current historical conjuncture is marked by a widespread suspicion that existing theories – including those that turned, in the 1970s, to Marxism, feminist critique, semiotics or psychoanalysis so as to politicize and contest mainstream photographic culture – might no longer be adequate to photography’s contemporary situation. That photography still matters, however, can be evidenced, prosaically and contingently, by noting the increasing number of new scholarly journals and exhibitions devoted to its past, present and future in recent years.2 There is, in this – as Fred Ritchin is only the latest to note – a sense that the undoing of photography’s prior certainties constitutes an ending and an enlargement. The fate of photography provides an ‘expansive filter’ through which to chart the ‘chaos of possibilities that emerge and recede, back up and move forward, crisscrossing each other.’3 Expectations of the new and the old, the obsolete and as yet only anticipated, are thrown into temporal disarray as its openness to reformation gives the photographic past a futural slant. (shrink)
Filling a gap in scholarship on 19th- and 20th-century religious thought, this book discusses the philosophy and theology of the influential Marburg School in Germany before 1914, focusing on the writings of Hermann Cohen, its leader, and on the Ritschlian theologian Wilhelm Herrmann, Karl Barth's teacher. In addition, Fisher examines Barth's earliest writings and clarifies the little-known liberal phase of Barth's theology.
With the ending of the strategic certainties of the Cold War, the need for moral clarity over when, where and how to start, conduct and conclude war has never been greater. There has been a recent revival of interest in the just war tradition. But can a medieval theory help us answer twenty-first century security concerns? -/- David Fisher explores how just war thinking can and should be developed to provide such guidance. His in-depth study examines philosophical challenges to (...) just war thinking, including those posed by moral scepticism and relativism. It explores the nature and grounds of moral reasoning; the relation between public and private morality; and how just war teaching needs to be refashioned to provide practical guidance not just to politicians and generals but to ordinary service people. -/- The complexity and difficulty of moral decision-making requires a new ethical approach - here characterised as virtuous consequentialism - that recognises the importance of both the internal quality and external effects of agency; and of the moral principles and virtues needed to enact them. Having reinforced the key tenets of just war thinking, Fisher uses these to address contemporary security issues, including the changing nature of war, military pre-emption and torture, the morality of the Iraq war, and humanitarian intervention. He concludes that the just war tradition provides not only a robust but an indispensable guide to resolve the security challenges of the twenty-first century. (shrink)
Fisher, David We are given many 'eternal truths' and verities we are expected to accept. We can and should question all of them. Whether or not a person is a religious believer, she or he tends to equate having a religious back-ground with being a good person. One of the phrases we generally accept is the trio of virtues - faith, hope and charity.
Mental internalists hold that an individuals mental features at a given time supervene upon what is in that individuals head at that time. While many people reject mental internalism about content and justification, mental internalism is commonly accepted regarding such other mental features as rationality, emotion-types, propositional-attitude-types, moral character, and phenomenology. I construct a counter-example to mental internalism regarding all these features. My counter-example involves two creatures: a human and an alien from Pulse World. These creatures environments, behavioral dispositions and (...) histories are such that it is intuitively clear that they are mentally quite different, even while they are, for a moment, exactly alike with respect to whats in their heads. I offer positive reasons for thinking that the case I describe is indeed possible. I then consider ways in which mental internalists might attempt to account for this case, but conclude that the only plausible option is to reject mental internalism and to adopt a particular externalist alternative a history-oriented version of teleo-functionalism. (shrink)
In Finite and Infinite Goods, Robert Adams defends his metaphysical account that good is resemblance to God via an ‘open-question’ intuition. It is, however, unclear what this intuition amounts to. I give two possible readings: one based on the semantic framework Adams employs, and another based on Adams's account of humankind's epistemological limitations. I argue that neither of these readings achieves Adams's advertised aim.
This paper contributes to an ongoing debate regarding the cognitive processes involved when one person predicts a target person's behavior and/or attributes a mental state to that target person. According to simulation theory, a person typically performs these tasks by employing some part of her brain as a simulation of what is going on in a corresponding part of the brain of the target person. I propose a general intuitive analysis of what 'simulation' means. Simulation is a particular way of (...) using one process to acquire knowledge about another process. What distinguishes simulation from other ways of acquiring knowledge is that simulation requires, for its non-accidental success, that the simulating process reflect significant aspects of the simulated process. This conceptual work is of independent philosophical interest, but it also enables me to argue for two conclusions that are of great significance to the debate about mental simulation theory. First, I argue that, in order to stake a non-trivial claim, simulation theory must hold that mental simulation involves what I call concretely similar processes. Second, I argue for the surprising conclusion that a significant class of cases that simulation theorists have claimed as intuitive cases of simulation do not actually involve simulation, after all. I close by sketching an alternative account that might handle these problematic cases. (shrink)
Wittgenstein at Work: Method in the Philosophical Investigations explores the least well-understood aspect of Wittgenstein's later work: his aims and methods. Specially-commissioned papers by twelve of the world's leading Wittgenstein scholars analyze the way he approached key topics such as rule-following and private language, and examine his remarks on clarification, nonsense and other central notions of his methodology. Many contributors touch on the therapeutic aspects Wittgenstein's approach, the focus of much current debate. Wittgenstein at Work provides both students and specialist (...) with a much-needed methodological companion to one of the greatest philosophical works of the twentieth century. (shrink)
Although therapist sexual attraction to clients is common, and therapist self-disclosure is an often-used intervention, therapist self-disclosure of sexual feelings to clients is an understudied phenomenon. In this article, I critically review the small base of literature on therapist self-disclosure of sexual feelings, including information on prevalence rates, empirical research, and case studies. By incorporating these findings with information from relevant sections of the American Psychological Association (2002) Ethics Code, my intent is to evaluate different aspects of therapist self-disclosure of (...) sexual feelings and arrive at conclusions regarding therapists' use of these disclosures. It appears that direct, explicit disclosures of sexual feelings can run the risk of harming clients and may therefore be unethical. Therefore, the use of this technique is discouraged. I discuss the issue of using less explicit interventions. (shrink)
The contributions of adolescent and parent perspectives to ethical planning of survey research on youth drug use and suicide behaviors are highlighted through an empirical examination of 322 7th-12th graders' and 160 parents' opinions on questions related to 4 ethical dimensions of survey research practice: (a)evaluating research risks and benefits, (b)establishing guardian permission requirements, (c)developing confidentiality and disclosure policies, and (d)using cash incentives for recruitment. Generational and ethnic variation in response to questionnaire items developed from discussions within adolescent and parent (...) focus groups are described. The article concludes with a discussion of the potential contributions and challenges of adolescent and parent perspectives for planning scientifically valid and ethically responsible youth risk survey research. (shrink)
This commentary draws on the thoughtful contemplation and innovative procedures described in the special section articles as well as current professional codes and federal regulations to highlight ethical practices and paradoxes of deception research involving children. The discussion is organized around 4 key decision points for the conduct of responsible deception research involving children: (a) evaluating the scientific validity and social value of deception research within the context of alternative methodologies, (b) avoiding and minimizing experimental risk, (c) the use of (...) child assent procedures as questionable ethical safeguards, and (d) debriefing as both remedy and risk. (shrink)
This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)
The goal of this paper is to answer the following question: When we have mental states that represent certain things as being colored, what properties are our mental states representing these things as having?
I develop and defend a version of what I call Disposition-Based Decision Theory (or DBDT). I point out important problems in David Gauthier’s (1985, 1986) formulation of DBDT, and carefully develop a more defensible formulation. I then compare my version of DBDT to the currently most widely accepted decision theory, Causal Decision Theory (CDT). Traditional intuition-based arguments fail to give us any strong reason to prefer either theory over the other, but I propose an alternative strategy for resolving this debate. (...) I argue that we should embrace DBDT because it does better than CDT at the work that we, as a matter of empirical fact, commonly call upon a notion of rationality to do. (shrink)
I consider the question of whether success-linked theories of content – theories like those of Ramsey (1927), Millikan (1984) and Blackburn (2005) which take there to be a definitional link between representational content and behavioral success – are consistent with the plausible claim that we can use content-attributions to explain behavioral success. Peter Godfrey-Smith (1996) argues that success-linked theories of content are too closely linked to success to be able to explain it. Against this, I present a plausible account of (...) how content-attributions make available good explanations of behavioral success, and argue that if we want our content-attributions to be able to do this explanatory work, then we actually need to embrace a success-linked theory of content. (shrink)
Numerous articles in the popular press together with an examination of websites associated with the medical, legal, engineering, financial, and other professions leave no doubt that the role of professions has been impacted by the Internet. While offering the promise of the democratization of expertise – expertise made available to the public at convenient times and locations and at an affordable cost – the Internet is also driving a reexamination of the concept of professional identity and related claims of expertise (...) and standards of integrity. This paper begins with a presentation of case studies illustrating the ease by which impostors infiltrate the ranks of professionals. Reports of individuals masquerading as professionals via the Internet often reveal that these imposters cause harm to the unwary victims who rely on assertions of professional expertise. Such reports motivated the authors to examine the origins and evolution of the traditional roles of professions and professionals in today’s society, as well as question how, or whether, the standards for professional practice have been adapted to the challenges posed by technology, i.e., do statements of professional ethics provide a ‘guiding light’ for practitioners and their clients in the cyber age? The authors challenge the professions to consider the notion that technology forces a confrontation between the guild-like aspects of a profession that have served, on the one hand, to protect a profession from encroachment and, on the other hand, have purportedly protected the public. (shrink)
As children and adolescents receive increased research attention, ethical issues related to obtaining informed consent for pediatric intervention research have come into greater focus. In this article, we conceptualize parent permission and child assent within a goodness-of-fit framework that encourages investigators to create consent procedures “fitted” to the research context, the child's cognitive and emotional maturity, and the family system. Drawing on relevant literature and a hypothetical case example, we highlight four factors investigators may consider when constructing consent procedures that (...) best reflect participants' rights, concerns, and well-being: (a) the child's current assent capacity and the likely impact of study information on the child's mental and physical development, (b) parents' understanding of their child's treatment needs and distinctions between treatment and clinical trials research, (c) the family's history of shared decision making, and (d) the child's strivings for autonomy within the context of their parents' duty to make decisions in the child's best interest. (shrink)
: This paper provides a simultaneously reflexive and analytical framework to think about obstacles to truly informed consent in social science and biomedical research. To do so, it argues that informed consent often goes awry due to procedural misconceptions built into the research context. The concept of procedural misconception is introduced to describe how individuals respond to what is familiar in research settings and overlook what is different. In the context of biomedical research, procedural misconceptions can be seen to function (...) as root causes of therapeutic misconceptions. (shrink)
In the December 2006 edition of Harvard Business Review , Michael Porter and Mark Kramer argue that by approaching corporate social responsibility (CSR) based on corporate priorities, strengths and abilities, firms can develop socially and fiscally responsible solutions to current CSR issues, which will provide operational and competitive advantages. We agree that an effective approach to CSR includes a mapping of strategy, risk and opportunity. However, we also caution that the identification of these to the exclusion of societal input may (...) not be to the corporation's advantage. Instead, an investment in both strategic analysis and social capital can pay off from a social and an organizational standpoint. Compared with their larger counterparts, small- and medium-sized enterprises (SMEs) frequently have stronger relationships with their internal and external stakeholders that foster the development of social capital. As such, we believe that the sector offers a unique opportunity to identify additional models and frameworks in order to approach a strategic CSR model as espoused by Porter and Kramer. This paper explores a case study of one Canadian SME that uses a community development framework called Asset Based Community Development (ABCD) for its CSR programming. Because ABCD relies heavily on the development and maintenance of social capital and can be utilized to attain set objectives, we propose that it provides a supplementary framework through which the arguments of Porter and Kramer can be expanded. In applying the ABCD framework for CSR, we can begin to establish a programme that supports strategy, integrates employees and stakeholders towards a common vision, and creates unique and sustainable alternatives towards the resolution of social and corporate goals. (shrink)
Most ethics studies employing accounting subjects have utilized the Defining Issues Test (DIT), generally finding the moral judgment abilities of accounting students and accountants to be less advanced than those of the general population (Ponemon and Gabhart, 1994). This study assesses the validity of the DIT by examining whether an individual can achieve a higher moral judgment score on the DIT by responding from the role of a political liberal. Accounting undergraduates, defining themselves as liberal, moderate or conservative, completed (...) the DIT once from their own perspective and once from either an "extremely conservative" or "extremely liberal" perspective.The results indicate that DIT scores can be influenced by an aspect of political ideology not reflecting maturation in moral judgment. Subjects decreased their moral judgment scores when responding to the DIT dilemmas from a conservative perspective. Contrary to moral development theory, subjects were able to increase their moral judgment scores when responding from the perspective of a political liberal. These results imply that, given the generally conservative political orientation of the profession, the DIT may systematically understate the moral judgment abilities of accounting students and accountants. (shrink)
This third edition offers increased coverage of sustainability and more chances for illustration and discussion of ethics in the messy day to day practicalities ...
This article discusses the possibilities and pitfalls of constructing a code of ethics for university professors. Professional, educational, legal, and policy questions regarding the goals, format, and content of an academic ethics code are raised and a series of aspirational principles and enforceable standards that might be included in such a document are presented for discussion and debate.
considers what I call free-floating chances—objective chances that obtain at a given time despite the fact that their values are not determined by the laws of nature together with the full history of non-chancy facts up to that time. I offer an intuitive example of this phenomenon, and use it to argue that free-floating chances are indeed possible. Their possibility violates three quite widely held principles about chances: the lawful magnitude principle, the principle that chances evolve by conditionalization and a (...) version of David Lewis' principal principle. I argue that we should reject common formulations of each of these principles, though I offer revised understandings of each which retain much of the intuitive attractiveness of the originals and are consistent with the possibility of free-floating chances. I conclude by arguing that, while considerations of free-floating chances are important, they will not sustain the extravagant conclusions Lange attempts to draw from them. Introduction First- and Higher-Order Chances Free-Floating Chances Support for the Intuitive Assessment Three Principles Violated What to do? COND as a Default Hypothesis A More Principled Principal Principle Conclusion. (shrink)
Whatever the difference in the authors' positions, this collection gains its unity through their common interest in the significance and value of Critical ...
What does philosophy have to say about the argument that blasphemous art ought not to be publicly displayed? We examine four concepts of blasphemy: blasphemy as offence, attack on religion, attack on the sacred, attack on the blasphemer himself. We argue all four are needed to grasp this complex concept. We also argue for blasphemy as primarily a moral, not a religious concept. We then criticise four arguments for the public display of blasphemous art: it may be beautiful, provocative, devoutly (...) intended, and is autonomous of religious concerns. Finally, we discuss the notions of blasphemy and blasphemous art as public offences. We conclude that the display of blasphemous art is a public, and not merely a private moral offence, and that there are respectable philosophical arguments for this conclusion. (shrink)
Researchers studying at-risk and socially disenfranchised child and adolescent populations are facing ethical dilemmas not previously encountered in the laboratory or the clinic. One such set of ethical challenges involves whether to: (a) share with guardians research derived information regarding participant risk, (b) provide participants with service referrals, or (c) report to local authorities problems uncovered during the course of investigation. The articles assembled for this special section address the complex issues of deciding if, when, and how to report or (...) provide referrals for research participants who are minors (referred to hereafter as minor research participants). This paper focuses on two factors underlying these decisions: the validity of risk estimates and meta-ethical positions on scientific responsibility. It is suggested that, before sharing information about minor research participants investigators should do the following: critically examine the diagnostic validity of developmental measures, include the scope and limitations of information sharing in informed consent procedures, and become familiar with state reporting laws. I discuss the impact of the traditionally accepted act utilitarian meta-ethical position on the investigator-participant relationship, and I recommend consideration of alternative positions as a step toward developing a research ethic of scientific responsibility and care. (shrink)
It has been shown recently that monodic first-order temporal logic without functional symbols but with equality is incomplete, i.e., the set of the valid formulae of this logic is not recursively enumerable. In this paper we show that an even simpler fragment consisting of monodic monadic two-variable formulae is not recursively enumerable.
This paper explores the circumstances that influence whether managers in the public services manipulate the measurement information that is used to assess performance; and if they do, what level of deception they might use. The realistic evaluation approach is adopted. A Delphi survey and the collection of critical incidents through interviews are used to identify possible configurations of contexts–mechanisms–outcomes that provide possible explanations of information manipulation. A number of these configurations are discussed. In a later stage of the project these (...) configurations will be further tested through another Delphi survey, with the intention of developing proposals for improved governance of performance measurement systems in the public services. (shrink)
United States federal regulations for pediatric research with no prospect of direct benefit restrict institutional review board (IRB) approval to procedures presenting: 1) no more than "minimal risk" (§ 45CFR46.404); or 2) no more than a "minor increase over minimal risk" if the research is commensurate with the subjects' previous or expected experiences and intended to gain vitally important information about the child's disorder or condition (§ 45CFR46.406) (DHHS 2001). During the 25 years since their adoption, these regulations have helped (...) IRBs balance subject protections with the pursuit of scientific knowledge to advance children's welfare. At the same time, inconsistency in IRB application of these regulations to pediatric protocols has been widespread, in part because of the ambiguity of the regulatory language. During the past decade, three federally-charged committees have addressed these ambiguities: 1) the National Human Research Protections Advisory Committee (NHRPAC) (Washington, DC), 2) the Institute of Medicine (IOM) Committee on the Ethical Conduct of Clinical Research Involving Children (Washington, DC); and 3) the United States Department of Health and Human Services Secretary's Advisory Committee for Human Research Protections (SACHRP) (Washington, DC). The committees have reached similar conclusions on interpretation of language within regulations § § 45CFR46.404 and 406; these conclusions are remarkably consistent with recent international recommendations and those of the original National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (1977) report from which current regulations are based. Drawing on the committees' public reports, this article identifies the ethical issues posed by ambiguities in regulatory language, summarizes the committees' deliberations, and calls for a national consensus on recommended criteria. (shrink)
There has been considerable interest in the literature about how professions operate in both the private and public interest. This paper examines this issue in the context of the enforcement of the professional code of conduct of a particular professional accounting association. The paper explores whether certain enforcement actions of the association suggest behaviour motivated at least partially by private interest. It then considers whether the consequences of such behaviour or practices are troubling.
Drawing on a conception of scientists and community members as partners in the construction of ethically responsible research practices, this article urges investigators to seek the perspectives of teenagers and parents in evaluating the personal and political costs and benefits of research on adolescent risk behaviors. Content analysis of focus group discussions involving over 100 parents and teenagers from diverse ethnic and socioeconomic backgrounds revealed community opinions regarding the scientific merit, social value, racial bias, and participant and group harms and (...) benefits associated with surveys, informant reports, intervention studies, blood sampling, and genetic research on youth problems. Participant comments highlight new directions for socially responsible research. (shrink)
What is the relationship between biotechnology employees’ beliefs about the moral outcomes of a controversial transgenic research project and their attitudes of acceptance towards the project? To answer this question, employees (n=466) of a New Zealand company, AgResearch Ltd., were surveyed regarding a project to create transgenic cattle containing a synthetic copy of the human myelin basic protein gene (hMBP). Although diversity existed amongst employees’ attitudes of acceptance, they were generally: in favor of the project, believed that it should be (...) allowed to proceed to completion, and that it is acceptable to use transgenic cattle to produce medicines for humans. These three items were aggregated to form a project acceptance score. Scales were developed to measure respondents’ beliefs about the moral outcomes of the project for identified stakeholders in terms of the four principles of common morality (benefit, non-harm, justice, and autonomy). These data were statistically aggregated into an Ethical Valence Matrix for the project. The respondents’ project Ethical Valence Scores correlated significantly with their project acceptance scores (r=0.64, p<0.001), accounting for 41% of the variance in respondents’ acceptance attitudes. Of the four principles, non-harm had the strongest correlation with attitude to the project (r=0.59), followed by benefit and justice (both r=0.54), then autonomy (r=0.44). These results indicate that beliefs about the moral outcomes of a research project, in terms of the four principles approach, are strongly related to, and may be significant determinants of, attitudes to the research project. This suggests that, for employees of a biotechnology organization, ethical reasoning could be a central mechanism for the evaluation of the acceptability of a project. We propose that the Ethical Valence Matrix may be used as a tool to measure ethical attitudes towards controversial issues, providing a metric for comparison of perceived ethical consequences for multiple stakeholder groups and for the evaluation and comparison of the ethical consequences of competing alternative issues or projects. The tool could be used to measure both public and special interest groups’ ethical attitudes and results used for the development of socially responsible policy or by science organizations as a democratizing decision aid to selection amongst projects competing for scarce research funds. (shrink)
We here describe research into the formal specification and implementation of resource-bounded agents. In particular, we provide an overview of our work on incorporating resource limitations into executable agent specifications. In addition, we outline future directions, highlighting both their promise and their problems.
Religion, defined as ‘the idea of a state that transcends ourselves and our world and the working out of the consequences of that idea’, may influence the ethical thinking of scientists and engineers in two ways. The first is at the level of the individual and how personal beliefs affect the choice of research, design or development projects, relationships with other researchers and the understandings of the consequences of research on other aspects of life. The second level is that of (...) the social and cultural setting in which scientists and engineers work; how society decides which research to sponsor, how to apply the results of scientific discovery and which technology it chooses to develop and for what purposes. In neither of these areas is religious belief a necessary condition for scientists and engineers to pursue one course of action rather than another. The existence of religious belief within the individual and society is, though, part of the ethical framework in which scientist and engineers work and therefore something to which attention should be paid. Religion provides a particular perspective on what should be. Conversely science and technology provide information on the nature of the person and the universe in which we live, which must be taken into account when theologians and religious moralists apply their ethical norms and principles. (shrink)
The historical origin and the experimental basis of the concept of physical determinism indicate that this basis was removed with the acceptance of the kinetic theory of matter, while its difficulties are increased by the admission that human nature, in its entirety, is a product of natural causation. An indeterministic view of causation has the advantages (a) of unifying the concept of natural law in different spheres of human experience and (b) of a greater generality, which precludes the acceptance of (...) the special case of completely deterministic causation, so long as this is an unproved assumption. It is not inconsistent with the orderliness of the world, or with the fruitful pursuit of natural knowledge. It enriches rather than weakens the concept of of causation. It possesses definite advantages with respect to the one-sidedness of human memory, and to the phenomena of aiming and striving observable in man and other animals. Among biological theories it appears to be most completely in harmony with the theory of natural selection, which in its statistical nature resembles the second law of thermo-dynamics. In an indeterministic world natural causation has a creative element, and science is interested in locating the original causes of effects of special interest, and not merely in pushing a chain of causation backwards ad infinitum. These contrasting tendencies are illustrated by a critique of the mutation theory, and by an attempt more closely to define the sense in which indeterministic causation should be thought of as creative. (shrink)
Three widely accepted principles – autonomy, beneficence and justice – provide a useful analytic framework for considering controversies and conflicts in bioethics. Since these principles capture key concepts found in diverse normative theories they provide a starting point from which consistent ethical analysis and comparison can begin. While justice is commonly discussed in the business ethics literature, the other two principles are not widely discussed. This paper investigates whether the principles of autonomy and beneficence provide a framework that is equally (...) useful for framing issues in business ethics. It is argued that they do. First, the principle of autonomy, with its associated notions of informed consent, privacy, confidentiality, voluntariness, self-mastery, and so on, provides a consistent approach to the analysis of diverse issues that arise in business ethics from market research to recruitment practices. Second, it is argued that the relationships between a business and its stakeholders ground duties of beneficence. The principle of beneficence provides a framework for considering the issues that arise in these relationships. (shrink)
Academia’s mathematical metaphysics are briefly explored en route to an elaboration of the qualitatively rigorous requirements underpinning the calibration and unambiguous interpretation of quantitative instrumentation in any science. Of particular interest are Gadamer’s emphases on number as the paradigm of the noetic, on the role of play in interpretation, and on Hegel’s sense of method as the activity of the thing itself that thought experiences. These point toward and overlap with (1) Latour’s study of the metrological social networks through which (...) technological phenomena are brought into language as modes of being that can be understood, and (2) the way that Rasch’s models for measurement comprise a potential beginning for metaphysically astute, qualitatively and quantitatively integrated, mathematical methods in the social sciences. The paper closes with observations on the general problem that is philosophy, the need to remain open to multiplicities of meaning even as clear understandings are sought and obtained. (shrink)
Introduction: Major terms, their classification, and their relation to the book's objective -- The problem of analogous forms -- Natural logic, categories, and the individual -- Shift to individual categories, dynamics, and a psychological look at identity form versus function -- What is the difference between the logic governing a figure of speech and the logic that is immature or unconscious? -- What are the role and function of the self vis-à-vis consciousness? -- Development in the logic from immature to (...) mature modes -- Pathological and defensive logical forms -- The "I," identity, and the part-whole resolutions -- The "I," entropy, and the trope. (shrink)
In an attempt to shape the development of nanotechnologies, ethics policy programs promote engagement in the hope of broadening the scope of considerations that scientists and engineers take into account. While enhancing the reflexivity of scientists theoretically implies changes in technoscientific practice, few empirical studies demonstrate such effects. To investigate the real-time effects on engineering research practices, a laboratory engagement study was undertaken to specify the interplay of technical and social considerations during the normal course of research. The study employed (...) an ethnographic invention in the form of a decision model to structure reflection on ongoing social processes. A short series of interactions with one engineering researcher illustrates the deployment of the model in the form of an interview protocol. The cultural embedment of the protocol allowed it to function as a feedback mechanism, creating a more self-critical environment for knowledge production, and perturbing the system in research-tolerable ways. (shrink)
The matter of salary levels and professional advancement is much discussed and debated today in business and academe. This paper examines the matter of salary determinants for law professors in colleges of management in the U.S. with an emphasis on examining how gender might affect professorial salary and rank. By focusing on one discipline in today''s academe and in a college having great student demand (management) coupled with a professed commitment to women''s rights and by holding constant variables relevant to (...) salary and rank, this study, addresses the matter of whether gender is a factor in determination of academic rank and salary. This study used correlation and path analysis in arriving at our conclusions. Our sample size meets statistically acceptable parameters. Our results corroborate earlier research which finds significant pay differences between women and men, but they show that at least for the sample of legal studies professors in this study, these pay differences are attributable to the number of years spent in academe. If women have only recently enjoyed opportunities for careers in this discipline, they do not have as much seniority, on average as men. Consequently, if universities pay salaries at least partly according to seniority, women''s salaries are likely to be lower than men''s salaries, as our study indicates. At the same time, however, even after controlling for seniority and other factors that might affect rank, there are still significantly fewer women in the higher ranks. These results point to the operation of a glass ceiling which restricts promotional opportunities for women in other fields. (shrink)
Easy-care or natural lambing pertainsto those sheep able to successfully lamb andrear at least one lamb without human assistancein a difficult environment. Such sheep may havea higher survival rate, lower lamb mortality,and require less shepherding at lambing thanother sheep breeds or strains. The farmer orshepherd account of easy-care lambing revealsseveral themes. Firstly, stock were bred tosurvive or suit local environments orconditions, particularly steep hill country inNew Zealand. This involved extensive culling ofundesirable dams, regardless of how well theymight perform in traits (...) other than the abilityto survive and to produce live lambs atweaning. Sheep that did have problems wereoften assisted, recorded or marked and thenculled at an appropriate time; thus bothartificial (culling) and natural selection wereused. Secondly, natural selection enabled theimportant traits to be identified and they weresubsequently incorporated into artificialselection programs. Thirdly, the practice wasnecessitated by the impracticality ofsupervising lambing in difficult terrain andthe cost of skilled farm labor. Finally, it wasacknowledged that disturbance at lambingcreated problems and most importantly, theeasy-care approach reduced some of the problemstraditionally associated with lambing.Easy-care lambing systems thus aim to minimizesome of the detrimental effects associated withcarefully supervised lambing in someenvironments, by selecting sheep to suit boththat environment and modern farm management.They overcame pervasive influences our culturallegacy was exerting on the way we interact withanimals, and may have produced a system more inkeeping with the biology of the animal in anextensive environment. (shrink)
This article begins with four situations, the first three of which are common to many businesspeople and persons in the United States today and the fourth, unfortunately, is growing: Setting the minimum level at which workers are paid; going bankrupt to avoid paying for credit card purchases, claiming a questionable deduction in calculating one's federal income tax liability, and violating the law in every state by a major U.S. corporation.These cases support the idea that positive law is the operative ethic (...) for persons in a commercial setting. Reasons advanced for this phenomenon are ethical ambiguity, lack of personal responsibility, increasing technicality of contemporary society, and the fact that the law is now seen as the most that is expected of businesspersons. In arriving at the paper's conclusions, positive law theory is discussed. Data are presented to explain why these illustrations are not mere anecdotal examples but represent broad contemporary occurrences in the U.S. (shrink)
Confessions both hold a great promise and pose a grave danger. When the accused speaks against his interest and assumes responsibility for criminal actions this is viewed as a compelling sign of guilt. It is not, therefore, for naught that the confession has been crowned the "queen of evidence." Yet research conducted in the last few decades has shown that a substantial number of confessions are false, ranking the out of court confession high among the factors leading to the conviction (...) of innocent people. The acceptance of DNA testing, has further substantiated this finding, igniting a renewed interest in out-of-court confessions. It is hard to assess the magnitude of social harm caused by the widespread and persistent resort to obtaining confessions, but one thing is evident from the vast literature on the matter: this evidentiary mechanism is currently overused, much beyond the optimal level. The reasons for this over-use are varied, among them the fact that confessions are readily available for law enforcement officers, and that those in charge of trying the facts tend to overwhelmingly convict based on out-of-court confessions, while underestimating the associated dangers. As a result, confessions have come to play a paramount role in the criminal justice system. Many attempts have been made to deal with confession-based wrongful convictions. Examples include the Miranda rules or the requirements for varying degrees and types of corroborating evidence. To date, all the rules and proposals share a common characteristic: They all attempt to correct the evidentiary fallacies associated with out-of-court confessions by evidentiary means, whether admissibility oriented or weight oriented. In the article we argue that none of the proposed mechanisms is likely to solve the problem. The root of the problem lies in the fact that the entire criminal justice system is currently organized around confessions. Law enforcement officers focus on obtaining confessions and the prosecution uses it as its evidentiary centerpiece. Further restricting admissibility or requiring a higher degree of corroboration will not change this trend. Moreover, the confessional lure is too strong to resist. Like the Sirens' Song, the confession casts a spell on all those subjected to it and, no matter how strong a corroboration we require, we will eventually fall back on the confession. We propose an entirely different solution to the tendency to over-use confessions, one that utilizes penal means to change the incentive structure within the criminal justice system. We propose to incorporate into the sentencing guidelines a mandatory reduction of the criminal sanction whenever an out-of-court confession is introduced into evidence by the prosecution. In other words, our proposal is to elevate the cost of using out-of court confessions, as compared to other types of evidence. The article will demonstrate how placing such a "sentencing price tag" on the use of out-of-court confessions will correct the current bias in favor of using this evidence and induce law enforcement officials to seek extrinsic evidence, thus turning confessions into a residual evidentiary devise. The article will also show that the proposed regime will improve the court's ability to distinguish between true and false confessions. After discussing the proposed model's normative appeal, the article will proceed to deal with possible criticisms which can be leveled against it, whether retributive, utilitarian or expressive. (shrink)
