Online research in philosophy

Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis (...) on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions. (shrink)

Do laws always restric t the liberty of the people who live under them? Or, if some laws are thought to be non-coercive—for example, laws that make voting possible—is this at least true of c oercive laws? Does the c oercion involved in threatening to impose penalties mean that the subjects of the laws thereby suff er a loss of freedom? e answer that appears to have a nearly universal hold on the minds of legal theorists and philosophers today is (...) that yes, coercive law does always reduce people’s freedom. e canonical text is from Jeremy Bentham: ‘As against the coercion applicable by individual to individual, no liberty can be given to one man but in proportion as it is taken from another. All coercive laws, therefore . . . and in particular all laws creative of liberty, are, as far as they go, abrogative of liberty’.¹ ere are two recognized, if not often endorsed, ways of avoiding Bentham’s stricture. But one does not off er a real alternative and the other is decidedly unattractive. e approach that fails to off er a real alternative would say that it is only the prevention of choice—not just the threat of a penalty—that takes away someone’s freedom, thus suggesting that only the imposition of a penalty will aff ect freedom.² But this is an implausibly narrow conception of interference and, as a number of authors have noticed, it will not turn the required trick. A coercive law against X-ing may not prevent someone from X-ing, only make it more hazardous, but it will prevent agents from X-ing and avoiding the prospect of hazard; it will deny them access to that more complex alternative.³ e sec ond.. (shrink)

Smoking has long been declared a health hazard. In 1964, the U.S. Surgeon General revealed that smoking was related to lung cancer. Subsequent reports linked smoking to numerous other health problems. Recent statements by the Surgeon General indicated smokers do have the right to decide to continue or quit; however, their choice to continue cannot interfere with the nonsmoker's right to breathe smoke-free air.The full impact of adverse health consequences of involuntary smoking may not be recognized yet. Smoke is (...) now known to affect everyone who breathes it. Even when one doesn't smoke, the nonsmoker is susceptible to the ill effects because of inhaling smoke. (shrink)

The annual production of hazardous wastes which was less than 10 million metric tonnes in the 1940s is now in excess of 320 million metric tonnes. These wastes are, in the main, by-products of industrial processes that have contributed significantly to the economic development of many countries which, in turn, has led to lifestyles that also generate hazardous wastes. The phenomenal increase in the generation of hazardous wastes coupled with various barriers to local disposal has led to the thriving international (...) trade in these environmentally hazardous substances. This paper examines the nature of the international trade in hazardous wastes and the ethical issues associated with such business activity. (shrink)

When environmental health researchers study hazards in the home, they often discover information that may be relevant to protecting the health and safety of the research subjects and occupants. This article describes the ethical and legal basis for a duty to warn research subjects and occupants about hazards in the home and explores the extent of this duty. Investigators should inform research subjects and occupants about the results of tests conducted as part of the research protocol only if the information (...) is likely to be accurate, reliable, and medically useful. Investigators should warn subjects and occupants about hazards they happen to discover while they are in the home, if a reasonable person would warn the subjects and occupants about those hazards. Investigators should not report illegal hazards discovered in the home to the authorities, unless those hazards constitute abuse or neglect of children or mentally disabled people living in the home. When investigators decide to warn research subjects and occupants about hazards in the home, they should take some steps to help them make effective use of this information, such as providing additional counselling or making a referral for remediation or medical treatment. Investigators should discuss these issues with research subjects during the informed consent process. (shrink)

The compulsion of proofs is an ancient idea, which plays an important role in Plato’s dialogues. The reader perhaps recalls Socrates’ question to the slave boy in the Meno: “If the side of a square A is 2 feet, and the corresponding area is 4, how long is the side of a square whose area is double, i.e. 8?”. The slave answers: “Obviously, Socrates, it will be twice the length” (cf. Me 82-85). A straightforward analogy: if the area is double, (...) the side is double. Nevertheless, the answer is wrong. Socrates wants to lead the slave to the right conclusion. The boy should reach the truth through steps that are all “his own”, performed with full conviction. To this aim, Socrates addresses a series of short pressing questions to the slave boy. Simple questions provoke equally simple replies, though the boy is sometimes puzzled and surprised by the answers he feels compelled to give. In the first part of the exchange the boy is gradually forced to admit that a square B with double side (i.e. side of length 4) has an area which is not double, but four times as big, i. e. 16. In the second part the boy hazards the guess that the square with double area has a side of length 3, since 3 is between 2 and 4. But Socrates easily drives him to acknowledging that if the side is 3, the area of the resulting square C is 9, not 8. The boy can only exclaim: “By Zeus, Socrates, I do not know!”. In the third part, at Socrates’ prompting, the diagonal of the original square A is drawn within the second fourfold square B. Responding to Socrates’ questions, the boy is led to conclude that the square D whose side is the diagonal of A is precisely the required square: its area is 8. (shrink)

Heng Xian is a previously unknown text reconstructed by Chinese scholars out of a group of more than 1,200 inscribed bamboo strips purchased by the Shanghai Museum on the Hong Kong antiquities market in 1994. The strips have all been assigned an approximate date of 300 B.C.E., and Heng Xian allegedly consists of thirteen of them, but each proposed arrangement of the strips is marred by unlikely textual transitions. The most plausible hypothesis is one that Chinese scholars do not appear (...) to take seriously: that we are missing one or more strips. The paper concludes with a discussion of the hazards of studying unprovenanced artifacts that have appeared during China’s recent looting spree. I believe the time has come for scholars to ask themselves whether their work indirectly abets this destruction of knowledge. (shrink)

The paper begins with a brief analysis of the concepts of environmental justice and environmental racism and classism. The authors argue that pollution- and environment-related decision-making is prima facie wrong whenever it results in inequitable treatment of individuals on the basis of race or socio-economic status. The essay next surveys the history of the doctrine of free informed consent and argues that the consent of those affected is necessary for ensuring the fairness of decision-making for siting hazardous facilities. The paper (...) also points out that equal opportunity to environmental protection and free informed consent are important rights. Finally, it presents a case study on the proposed uranium enrichment facility near Homer, Louisiana and argues that siting the plant would violate norms of distributive equity and free informed consent. It concludes that siting the facility is a case of environmental injustice and likely an example of environmental racism or classism. (shrink)

Society is increasingly impacted by natural hazards which cause significant damage in economic and human terms. Many of these natural hazards are weather and climate related. Here, we show that North Atlantic atmospheric circulation regimes affect the propensity of extreme wind speeds in Europe. We also show evidence that extreme wind speeds are long-range dependent, follow a generalized Pareto distribution and are serially clustered. Serial clustering means that storms come in bunches and, hence, do not occur independently. We discuss the (...) use of waiting time distributions for extreme event recurrence estimation in serially dependent time series. (shrink)