Ethics education in higher education often uses a model that allows students to apply ethical theories to a hypothetical dilemma in order to make a decision. However, it is rare that students directly experience the effects of unethical decision making by others. This paper presents an in-class exercise that provides a concrete experience. The exercise gives students the experience of being the victim of unethical behavior, and subsequently allows them to apply basic ethicaltheories to a real life situation. It is (...) suitable for courses in legal environment of business, ethics, and organizational behavior, at the undergraduate or graduate level. When used in a business ethics class, more emphasis can be placed on developing various ethical constructs. A narrative for how this exercise was used in an undergraduate Legal Environment of Business class is provided, along with a list of other experiential exercises that are available to teach ethics. (shrink)

The COVID-19 pandemic that struck New York City in the spring of 2020 was a natural experiment for the clinical ethics services of NewYork-Presbyterian (NYP). Two distinct teams at NYP’s flagship academic medical centers—at NYP/ Columbia University Medical Center (Columbia) and NYP/ Weill Cornell Medical Center (Weill Cornell)—were faced with the same pandemic and operated under the same institutional rules. Each campus used time as an heuristic to analyze our collective response. The Columbia team compares consults during the pandemic (...) with the same period during the year prior. The Weill Cornell service describes the phases of the pandemic to depict its temporal evolution and subsequent ethical challenges. Both sites report that the predominant ethical challenges centered around end-of-life decision making, setting goals of care, and medical futility, all complicated by resource allocation questions and the ambiguity of state law under crisis standards of care. The Columbia campus saw a statistically significant increase in ethics consultations provided to Hispanic patients, perhaps reflective of the disproportionate burden of COVID-19 suffered by this demographic. While Weill Cornell and Columbia saw a surge in clinical ethics consultations, the two services assumed a more expansive role than one normally played in institutional life. Serving as intermediaries between frontline clinicians and senior hospital administrators, consultants provided critical intelligence to hospital leadership about the evolution of the pandemic, disseminated information to clinicians, and attended to the moral distress of colleagues who were asked to provide care under truly extraordinary circumstances. The COVID-19 surge in New York City revealed latent capabilities in ethics consultation that may prove useful to the broader clinical ethics community as it responds to the current pandemic and reconceptualizes its potential for future service. (shrink)

The COVID-19 pandemic swept through New York City swiftly and with devastating effect. The crisis put enormous pressure on all hospital services, including the clinical ethics consultation team. This report describes the recent experience of the ethics consultants and Columbia University Irving Medical Center during the COVID-19 surge and compares the case load and characteristics to the corresponding period in 2019. By reporting this experience, we hope to supplement the growing body of COVID-19 scientific literature and provide details of (...) the human toll the virus took on our hospitals and communities. We also aim to highlight the role of the clinical ethics consultant as well as areas of policy and law that may need to be addressed in order to be better prepared for a future public health crisis. (shrink)

From mid-March through May 2020, New York City was the world’s epicenter of the COVID-19 pandemic, and its hospitals faced an unparalleled surge of patients who were critically ill with the virus. In addition to putting an enormous strain on medical resources, the pandemic presented many ethical issues to emotionally and physically stressed clinicians and hospital administrators. Analyses of the challenges faced by the ethics consultation services of the two campuses of New York Presbyterian Hospital, and how they (...) assisted their clinician and administrative colleagues, is the subject of the following four articles. (shrink)

Kenneth M. Sayre - Plato's Forms in Transition: A Reading of the Parmenides - Journal of the History of Philosophy 46:1 Journal of the History of Philosophy 46.1 169-170 Muse Search Journals This Journal Contents Kenneth M. Sayre University of Notre Dame Samuel C. Rickless. Plato's Forms in Transition: A Reading of the Parmenides. Cambridge-New York: Cambridge University Press, 2007. Pp. v + 272. Cloth, $90.00. Rickless construes Plato's middle-period account of the Forms as a theory comprising (...) axioms, auxiliary principles, fundamental theorems, and specific premises and conclusions constituting particular arguments. This book attempts to reconstruct that theory , to trace its further development and subsequent criticism in Parmenides 126a–35c.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Protest Vaclav Havel Stanek's ground-floorstudy in his house on the outskirts of Prague. The house is surroundedby a garden. Doorbell.The front dooris opened. STANEK: (Loud,cordial.) Vanek!-Hello! (Thefront dooris closed.) VANEK: (Noncommittal.) Hello, Mr. StanekSTANEK : Come in, come in! (Pause.Sudden outburstof emotion.) Vanek! My dear fellow! (Pause.Conversationally.)Did you have trouble finding it? VANEK: Not reallySTANEK : Forgot to mention the flowering magnolias. That's how you know it's my house. (...) Superb, aren't they? VANEK: YesSTANEK : I managed to double their blossoms in less than three years, compared to the previous owner. Have you magnolias in your garden? VANEK: NoSTANEK : You must have them! I'm going to find you two quality saplings and I'll come and plant them for you personally. (Crosses to the bar.) How about some brandy? VANEK: I'd rather not, Mr. Stanek, if you don't mindSTANEK : Come on, Vanek! Just a token one. Eh? @ 1978 Copyright by Vaclav Havel; Translation @ 1984 Copyright by Vera Blackwell. CAUTION: No performances or readings of this work may be given without the express authorization of the author or the author's agent. For production rights, contact: Sanford J. Greenburger Associates, 825 Third Avenue, New York, N.Y. 10022. 45 (Two drinks arepoured.) VANEK: (Sighs.) STANEK: Here we are. Well-here's to our reunion! VANEK: Cheers- (Both drink.) VANEK: (Shuddersslightly. Emits a soft groan.) STANEK: I was afraid you weren't going to come. VANEK: Why? STANEK: Well, I mean, things got mixed up in an odd sort of way-What? -Won't you sit down? VANEK: (Sitsdown in an armchair,placinghis briefcase on the floorbeside him.) ThanksSTANEK : (Sinksinto anarmchairopposite Vanek witha sigh.) That'smore like it! Peanuts? VANEK: No, thanksSTANEK : (Helps himself Munching) You haven't changed much in all these years, you know? VANEK: Neither have youSTANEK : Me? Come on! Getting on for fifty, going gray, aches and pains setting in-Not as we used to be, eh? And the present times don't make one feel any better either, what? When did we see each other last, actually? VANEK: I don't knowSTANEK : Wasn't it at your last opening night? VANEK: Could beSTANEK : Seems like another age! We had a bit of an argumentVANEK : Did we? STANEK: You took me to task for my illusions and my over-optimism. Good Lord! How often since then I've had to admit to myself you were right! Of course, in those days I still believed that in spite of everything some of the ideals of my youth could be salvaged and I took you for an incorrigible pessimist. VANEK: But I'm not a pessimistSTANEK : You see, everything's turned around! (Shortpause.) Are youalone? VANEK: How do you mean, alone? STANEK: Well, isn't there somebody-you knowVANEK : Following me? STANEK: Not that I care! After all, it was me who rang you up, right? VANEK: I haven't noticed anybody46 STANEK: By the way, suppose you want to shake them off one of these days, you know the best place to do it? VANEK: NoSTANEK : A department store. You mingle with the.crowd, then at a moment when they aren't looking you sneak into the loo and wait there for about two hours. They become convinced you managed to slip out through a side entrance and they give up. You must try it sometime! VANEK:.(Pause.) Seems very peaceful hereSTANEK : That's why we moved here. It was simply impossible to go on writing near that railway station! We've been here three years, you know. Of course, my greatest joy is the garden. I'll show you around later-I'm afraid I'm going to boast a littleVANEK : You do the gardening yourself? STANEK: It's become my greatest private passion these days. Keep puttering about there almost every day. Just now I've been rejuvenating the apricots. Developed my own method, you see, based on a mixture of natural and artificial fertilizers plus a special way of waxless grafting. You won't believe the results I get! I'll find some cuttings for you later on- (Opensalarge silverbox oncoffee table between them.) Would... (shrink)

Corporate social responsibility (CSR) is increasingly becoming a popular business concept in developed economies. As typical of other business concepts, it is on its way to globalization through practices and structures of the globalized capitalist world order, typified in Multinational Corporations (MNCs). However, CSR often sits uncomfortably in this capitalist world order, as MNCs are often challenged by the global reach of their supply chains and the possible irresponsible practices inherent along these chains. The possibility of irresponsible practices puts global (...) firms under pressure to protect their brands even if it means assuming responsibilities for the practices of their suppliers. Pressure groups understand this burden on firms and try to take advantage of the situation. This article seeks to challenge the often taken-for-granted-assumption that firms should be accountable for the practices of their suppliers by espousing the moral (and sometimes legal) underpinnings of the concept of responsibility. Except where corporate control and or corporate grouping exist, it identifies the use of power as a critical factor to be considered in allocating responsibility in firm-supplier relationship; and suggests that the more powerful in this relationship has a responsibility to exert some moral influence on the weaker party. The article highlights the use of code of conducts, corporate culture, anti-pressure group campaigns, personnel training and value reorientation as possible sources of wielding positive moral influence along supply chains. (shrink)

The charged debate on the ‘C‐S‐R‐ization’ of organizational practices seems to have produced two opposing and seemingly incompatible explanations for why organizations should engage in corporate social responsibility (CSR): one, the normative rationale based on an appeal to ethics; and the other, the instrumental rationale, based on an appeal to business pragmatism. This paper argues that a missing link in this debate is the failure to recognize that the normative and instrumental approaches to corporate social responsibility are underpinned by substantively, (...) differentiating, relative logics of emotional rationalism on the one hand, and instrumental rationalism on the other. The paper makes a case that for CSR as a management practice to be practicable and actionable within a sustainable business agenda, it will need to be stripped of its current normative undertone and reconstructed in the instrumentally, pragmatic (utlish) language of business. Otherwise, the whole concept of CSR may continue to dwell in the realm of abstract theorizing without yielding many beneficial and practicable outcomes. The paper concludes that such an approach that situates CSR within a pragmatic business lingua, rather than a non‐business lingua, will help in legitimizing CSR as a ‘neutral’ management practice. (shrink)

The charged debate on the ‘C‐S‐R‐ization’ of organizational practices seems to have produced two opposing and seemingly incompatible explanations for why organizations should engage in corporate social responsibility (CSR): one, the normative rationale based on an appeal to ethics; and the other, the instrumental rationale, based on an appeal to business pragmatism. This paper argues that a missing link in this debate is the failure to recognize that the normative and instrumental approaches to corporate social responsibility are underpinned by substantively, (...) differentiating, relative logics of emotional rationalism on the one hand, and instrumental rationalism on the other. The paper makes a case that for CSR as a management practice to be practicable and actionable within a sustainable business agenda, it will need to be stripped of its current normative undertone and reconstructed in the instrumentally, pragmatic (utlish) language of business. Otherwise, the whole concept of CSR may continue to dwell in the realm of abstract theorizing without yielding many beneficial and practicable outcomes. The paper concludes that such an approach that situates CSR within a pragmatic business lingua, rather than a non‐business lingua, will help in legitimizing CSR as a ‘neutral’ management practice. (shrink)

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

The chapters in this book have evolved from talks originally presented at The First International Workshop on Human and Machine Cognition.

A practical and thought provoking introduction to the most important ethical issues in medicine today. Over 700 entries, from short essays to brief definitions of key terms and concepts, have been contributed by leading clinicians and medical ethicists.

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

This book, published in 1976, presents an entirely original approach to the subject of the mind-body problem, examining it in terms of the conceptual links between the physical sciences and the sciences of human behaviour. It is based on the cybernetic concepts of information and feedback and on the related concepts of thermodynamic and communication-theoretic entropy. The foundation of the approach is the theme of continuity between evolution, learning and human consciousness. The author defines life as a process of energy (...) exchange between organism and environment, and evolution as a feedback process maintaining equilibrium between environment and reproductive group. He demonstrates that closely related feedback processes on the levels of the behaving organism and of the organism’s nervous system constitute the phenomena of learning and consciousness respectively. He analyses language as an expedient for extending human information-processing and control capacities beyond those provided by one’s own nervous system, and shows reason to be a mode of processing information in the form of concepts removed from immediate stimulus control. The last chapter touches on colour vision, pleasure and pain, intentionality, self-awareness and other subjective phenomena. Of special interest to the communication theorist and philosopher, this study is also of interest to psychologists and anyone interested in the connection between the physical and life sciences. (shrink)

This article responds to two unresolved and crucial problems of cognitive science: (1) What is actually accomplished by functions of the nervous system that we ordinarily describe in the intentional idiom? and (2) What makes the information processing involved in these functions semantic? It is argued that, contrary to the assumptions of many cognitive theorists, the computational approach does not provide coherent answers to these problems, and that a more promising start would be to fall back on mathematical communication theory (...) and, with the help of evolutionary biology and neurophysiology, to attempt a characterization of the adaptive processes involved in visual perception. Visual representations are explained as patterns of cortical activity that are enabled to focus on objects in the changing visual environment by constantly adjusting to maintain levels of mutual information between pattern and object that are adequate for continuing perceptual control. In these terms, the answer proposed to (1) is that the intentional functions of vision are those involved in the establishment and maintenance of such representations, and to (2) that semantic features are added to the information processes of vision with the focus on objects that these representations accomplish. The article concludes with proposals for extending this account of intentionality to the higher domains of conceptualization and reason, and with speculation about how semantic information-processing might be achieved in mechanical systems. (shrink)

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...) rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (shrink)

Business school faculty have begun to increase ethics instruction, but very little has been done to assess the effectiveness of this instruction. Curricula-wide studies present conflicting results of the effect of ethics integration into the business curricula. Several studies suggest that courses like business ethics and business and society might have an effect on the ethical awareness or ethical reasoning of business students. A belief of many individuals interested in business ethics is that students must be exposed to ethical awareness (...) and ethical reasoning in business ethics and business and society-type courses and this should be supplemented by discussions of these topics in various business courses such as Accounting, Finance, Marketing, and others.This study reports the results of integrating a unit of business ethics into eleven accounting classes at two universities. An approach for measuring the effect of ethics integration into accounting and other business courses is suggested, and an assessment is made of the impact of ethics integration on students in accounting classes. Results indicate that the principles on which students rely when making moral decisions were affected by ethics integration. After ethics integration, students relied more heavily on the disclosure rule, the golden rule, and the professional ethic. (shrink)

Abstract: We sometimes say our moral claims are "objectively true," or are "right, even if nobody believes it." These additional claims are often taken to be staking out metaethical positions, representative of a certain kind of theorizing about morality that "steps outside" the practice in order to comment on its status. Ronald Dworkin has argued that skepticism about these claims so understood is not tenable because it is impossible to step outside such practices. I show that externally skeptical metaethical theory (...) can withstand his attacks, thereby defending the possibility of this kind of metatheoretical method and showing that the additional objectivity claims still make sense as external claims. Four interpretations of the additional objectivity claims can still be understood externally: as secondary properties, as arguing for some form of causal correspondence, as explaining error, and under Blackburn's expressivism. In the end, Dworkin's argument can be turned against itself. (shrink)

Health care services today lack the resources to meet everybody's exspectations. Patients, professional workers and trade unions have legitimate but frequently conflicting claims, and so too have the different interest groups and specialties within medicine. This book provides an account of how resource allocation dilemmas appear to those confronted by them, in the hospital, on health boards and in the community, and it offers a critique of the moral and political arguments most commonly employed in discussing them.

The aim of this project was to explore the possibility of constructing a psychologic inference engine that might enhance introspective self-awareness by delivering inferences about a user based on what he said in interactive dialogues about his closest opposite-sex relation. To implement this aim, we developed a computer program (guru) with the capacity to simulate human conversation in colloquial natural language. The psychologic inferences offered represent the authors' simulations of their commonsense psychology responses to expected user-input expressions. The heuristics of (...) the natural language processor and its relation to output responses are described in enough detail for the operations of the implementation to be understood. Evaluation of this new cognitive agent presents, we hope, puzzles for artificial intelligence and cognitive science. (shrink)

A monolithic model that ignores functional and topographic distinctions among its components has dominated clinical accounts of pain behavior. This model contributes to a pretence of knowledge that affects the treatment of sufferers. This commentary addresses the role of the target article in correcting knowledge-pretence and introduces a complementary caveat about evolutionary psychology concepts.

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

At the beginning of his Metaphysics, Aristotle attributed several strange-sounding theses to Plato. Generations of Plato scholars have assumed that these could not be found in the dialogues. In heated arguments, they have debated the significance of these claims, some arguing that they constituted an 'unwritten teaching' and others maintaining that Aristotle was mistaken in attributing them to Plato. In a prior book-length study on Plato's late ontology, Kenneth M. Sayre demonstrated that, despite differences in terminology, these claims correspond (...) to themes developed by Plato in the Parmenides and the Philebus. In this book, he shows how this correspondence can be extended to key, but previously obscure, passages in the Statesman. He also examines the interpretative consequences for other sections of that dialogue, particularly those concerned with the practice of dialectical inquiry. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

Just as recognition and pursuit of the human good take place in language and action, so too do they unfold in encounter with the material and visual. The ethical crises, projects, and striving we see in everyday religious life are worked out not just in the intersubjective play and politics of language but also in encounter with, in dwelling with, material and visual substances and forms. This essay considers the material conditions that make possible the “ethical pleasures” sought by Indonesian (...) painter A. D. Pirous in making and displaying contemporary works of “Islamic art,” most especially works that make “visual recitation” of passages from the Qur'an. (shrink)

I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence there is (...) no tension in seeing law as both a practice and a genre of artifact. (shrink)

The Struggle for the Soul of Teacher Education is a much-needed exploration of the unprecedented current controversies and debates over teacher education and professionalism. Set within the context of neo-liberal education reforms across the globe, the book explores how the current struggles over teaching and teacher education in the US came about, as well as reflections on where we should head in the future. Zeichner provides specific examples of work that moves teacher education toward greater congruency between ideals and practices, (...) while outlining the basis for a new form of community-based teacher education, where universities and other program providers, local communities, school districts, and teacher unions share responsibility for the preparation of teachers. Ultimately, Zeichner problematizes an uncritical shift to more practice and clinical experience, and discusses the enduring problems of clinical teacher education needed for this shift to be educative. (shrink)

Readable and accessible collection of papers re thinking machines.

Applying the analytical methods of modern logic to problems of interpretation in Plato, the author traces the development of Plato's analytic method from the crude form expressed in the Phaedo to the considerably more sophisticated and powerful techniques practiced in the later methodological dialogues.