Online research in philosophy

A major contribution to Descartes studies, this book provides a panorama of cutting-edge scholarship ranging widely over Descartes's own primary concerns: metaphysics, physics, and its applications. It is at once a tool for scholars and--steering clear of technical Cartesian science--an accessible resource that will delight nonspecialists. The contributors include Edwin Curley, Willis Doney, Alan Gabbey, Daniel Garber, Marjorie Grene, Gary Hatfield, Marleen Rozemond, John Schuster, Dennis Sepper, Stephen Voss, Stephen Wagner, Margaret Welson, Jean Marie Beyssade, Michelle Beyssade, Michel Henry, (...) Evert van Leeuwen, Jean-Luc Marion, Genevieve Rodis-Lewis, and Jean-Pierre Seris. Combining new textual sensitivity with attentiveness to history, they represent the best established scholars and most exciting new voices, including both English speaking and newly-translated writers. Part I examines the foundations of Descartes's philosophy: Cartesian certainty; the phenomenology of the cogito and its modulations in the passions; and the defensibility and comprehensibility of the Cartesian God. The second part examines Descartes's groundbreaking metaphysics: mind's distinctness from and interaction with body; imagination; perception; and language. Part III examines Cartesian science: the revolutionary rhetoric of the Rules and the Discourse; the metaphysical foundations of physics; the interplay of rationalism and empiricism; the mechanics and human biology that flow from Descartes's physics. (shrink)

The question of corporate moral responsibility – whether corporate bodies can be held morally responsible for their actions – has been debated by a number of writers since the 1970s. This discussion is intended to add to that debate, and focuses for that purpose on our understanding of the organisation. Though the integrity of the organisation has been called into question by the postmodern view of organisations, that view does not necessarily rule out the attribution of corporate agency, any more (...) than the postmodern view of the person rules out the attribution of individual agency. The postmodern view is opposed to a reifying, metaphysical view of corporate agency, but a semantic view of corporate agency would seem to sit more comfortably with it. A bigger problem for the idea of corporate moral responsibility arises from the fact that in Kantian terms organisations are not ends in themselves. In that sense they are not like persons, and this must limit their autonomy, and their responsibility. This aspect of organisations also limits their punishability. For these reasons corporate moral responsibility must be seen as more limited than the responsibility of persons. (shrink)

Formal principals are isolated to reveal a structure embedded in a wide range of studies, each of which partitions a domain of individuals into types and categories. It is thought that any reasonable theory of types should include these principles.

On the basis of observations J. J. C. Smart once made concerning the absurdity of sentences like 'The seat of the bed is hard', a plausible case can be made that there is little point to developing a theory of types, particularly one of the sort envisaged by Fred Sommers. The authors defend such theories against this objection by a partial elucidation of the distinctions between the concepts of spanning and predicability and between category mistakenness and absurdity in general. The (...) argument suggests that further clarification of the concepts of spanning and category mistakenness should be sought in reflection upon the more familiar concepts of a sort of thing and a predicate category. (shrink)

CHAPTER Meta-View BRIDGES When I was a child, I lived in an area renowned for its many wooden covered bridges. Sometimes my family would take a Sunday drive ...

Habitat dioramas depicting ecological relations between organisms and their natural environments have become the preferred mode of museum display in most natural history museums in North America and Europe. Dioramas emerged in the late nineteenth century as an alternative mode of museum installation from taxonomically arranged cases. We suggest that this change was closely connected to the emergence of a biogeographical framework rooted in evolutionary theory and positing the existence of distinct biogeographical zones. We tie the history of dioramas to (...) earlier visual resources such as the thematic images that Wallace introduced to illustrate his 1876 Geographical Distribution of Animals. These images were unique in their time because each of them simultaneously depicted animals from several different taxa, rather than only one, as well as the ecological relations between animals and their habitats. Both, visually and with respect to their function within biogeography, these images presaged the habitat dioramas that came shortly afterwards. Not coincidentally, Wallace explicitly advocated the use of dioramas for museum display in ongoing debates on museum reform. Wallace's suggestions were put into practice by committed evolutionists such as Gottlieb von Koch who pioneered the diorama installation in the Grand Ducal Museum in Darmstadt (Germany) in 1906. As in Wallace's illustrations, Koch's dioramas were designed to respresent biogeographical zones. This paper explores the function of these visual displays of biogeographical relations. It argues that, in both the scientific and public realms, biogeogaphical zones were defined and constructed by visual means; recourse to visual representation was more than a method of communication. (shrink)

The question of corporate moral responsibility – of whether it makes sense to hold an organisation corporately morally responsible for its actions,rather than holding responsible the individuals who contributed to that action – has been debated over a number of years in the business ethics literature. However, it has had little attention in the world of health care ethics. Health care in the United Kingdom(UK) is becoming an increasingly corporate responsibility, so the issue is increasingly relevant in the health care (...) context, and it is worth considering whether the specific nature of health care raises special questions around corporate moral responsibility. For instance, corporate responsibility has usually been considered in the context of private corporations, and the organisations of health care in the UK are mainly state bodies. However, there is enough similarity in relevant respects between state organisations and private corporations, for the question of corporate responsibility to be equally applicable. Also, health care is characterised by professions with their own systems of ethical regulation. However, this feature does not seriously diminish the importance of the corporate responsibility issue, and the importance of the latter is enhanced by recent developments. But there is one major area of difference. Health care, as an activity with an intrinsically moral goal, differs importantly from commercial activities that are essentially a moral, in that it narrows the range of opportunities for corporate wrongdoing, and also makes such organisations more difficult to punish. (shrink)

The paper argues that two apparently attractive conceptions of an eternal sentence are defective. An alternative conception is presented which the authors think allows greater insight into the nature of semantic concepts.

Drawing on Deleuze's early works of the 1960s, this article investigates the ways in which Deleuze challenges our traditional linguistic notion of sense and notion of truth. Using Frege's account of sense and truth, this article presents our common understanding of sense and truth as two separate dimensions of the proposition where sense subsists only in a formal relation to the other. It then goes on to examine the Kantian account, which makes sense the superior transcendental condition of possibility of (...) truth. Although both accounts define sense as merely the form of possibility of truth, a huge divide cuts across a simple formal logic of sense and a transcendental logic: transcendental logic discovered a certain genetic productivity of sense, such that a proposition always has the kind of truth that it merits according to its sense. In pursuit of this genetic productivity of sense, Deleuze applies different models of explanation: a Nietzschean genealogical model of the genetic power of sense, and in The Logic of Sense a structural model combined with elements of Stoic philosophy. This article follows Deleuze in setting up a new and very complex notion of sense, which he radically distinguishes from what he terms ‘signification’, that is, an extrinsic, linguistic or logical, condition of possibility. Rather, sense has to be conceived as both the effect and the intrinsic genetic element of an extra-propositional sense-producing machine. (shrink)

Some children living with life-shortening medical conditions may wish to attend school without the threat of having resuscitation attempted in the event of cardiopulmonary arrest on the school premises. Despite recent attention to in-school do-not-attempt-resuscitation (DNAR) orders, no assessment of state laws or school policies has yet been made. We therefore sought to survey a national sample of prominent school districts and situate their policies in the context of relevant state laws. Most (80%) school districts sampled did not have policies, (...) regulations, or protocols for dealing with student DNARs. A similar majority (76%) either would not honor student DNARs or were uncertain about whether they could. Frequent contradictions between school policies and state laws also exist. Consequently, children living with life-shortening conditions who have DNARs may not have these orders honored if cardiopulmonary arrest were to occur on school premises. Coordinated efforts are needed to harmonize school district, state, and federal approaches in order to support children and families' right to have important medical decisions honored. (shrink)

The UK government is setting up a new kind of organisation as part of the National Health Service, the foundation trust. Foundation trusts will be more distanced from government than existing NHS bodies, and will have closer community links. In this paper I identify the importance of legitimacy in health care and explore the potential situation of foundation trusts in terms of the bases of their legitimacy as organisations. Relationships with community, stakeholders and government are all considered as sources of (...) legitimacy for foundation hospitals, and comparisons are made with other organisations, state, voluntary and private. I conclude that the blueprint of the foundation hospital creates a set of relationships which are incoherent and mutually conflicting, and conceals a crucial relationship with the state. I argue that these problems are likely to weaken the legitimacy of the foundation trust. (shrink)

Usually, humor is not theorized specifically, but identified with the comic and laughter. This paper deals with the internal logic of humorous operations in the context of Freud's writings on humor, in order to make them productive for medial anthropology. Unlike conventional anthropologies, medial anthropology is interested in the ontologizing effects of operations that can be understood in a technical way. Correspondingly, humoresque operations are to be studied anew as techniques of the Dionysian connection of pleasure and reality principle. German (...) Humor wird gemeinhin nicht eigens theoretisiert, sondern umstandslos mit dem Komischen und dem Lachen identifiziert. In diesem Aufsatz geht es darum, die Eigenlogik von humoresken Operationen vor dem Hintergrund von Freuds Auslassungen zum Humor herauszuarbeiten und für eine mediale Anthropologie produktiv zu machen. Im Unterschied zu herkömmlichen Anthropologien interessiert sich eine mediale Anthropologie für die ontologisierenden und wirklichkeitskonstituierenden Effekte technisch zu fassender Operationen. Humoreske Operationen sind entsprechend als Techniken der dionysischen Verschaltung von Lust- und Realitätsprinzip neu zu beleuchten. (shrink)

Chapter I The Legacy of the Sixties Throughout the past two decades Christian theology has been passing through a state of ferment which shows few signs of ...

I propose the hypothesis that our knowledge of our own mental states derives from our knowledge of our intentions, and that our knowledge of our intentions is part of having those intentions. I enumerate various aspects of the question to be answered and various aspects of my answer. The hypothesis begins to explain various aspects of self-knowledge, such as its fallibility and its variability from one kind of mental state to another. Self-knowledge is also grounded in our common antecedent knowledge (...) of the functionalist nature of mental states and the integrity of our mental life and above all mind’s link with action in the world. The hypothesis helps pluck philosophy from the fairy-land of Lockean and Kantian inner sense. (shrink)

Deleuze's theory of time set out in Difference and Repetition is a complex structure of three different syntheses of time – the passive synthesis of the living present, the passive synthesis of the pure past and the static synthesis of the future. This article focuses on Deleuze's third synthesis of time, which seems to be the most obscure part of his tripartite theory, as Deleuze mixes different theoretical concepts drawn from philosophy, Greek drama theory and mathematics. Of central importance is (...) the notion of the cut, which is constitutive of the third synthesis of time defined as an a priori ordered temporal series separated unequally into a before and an after. This article argues that Deleuze develops his ordinal definition of time with recourse to Kant's definition of time as pure and empty form, Hölderlin's notion of ‘caesura’ drawn from his ‘Remarks on Oedipus’ (1803) and Dedekind's method of cuts as developed in his pioneering essay ‘Continuity and Irrational Numbers’ (1872). Deleuze then ties together the conceptions of the Kantian empty form of time and the Nietzschean eternal return, both of which are essentially related to a fractured I or dissolved self. This article aims to assemble the different heterogeneous elements that Deleuze picks up on and to show how the third synthesis of time emerges from this differential multiplicity. (shrink)

(No abstract is available for this citation).

The use and abuse and critique of Kant has generated a huge literature among contemporary political theorists; his work has been surreptitiously kept by some critics of the Enlightenment to exeplify starndards of modernity. Kimberly Hutchings reevaluates Kant's work in terms of its significance in the writings of Habersmas, Arendt, Lyotard and Foucault. This is not an exercise in the history of ideas; through her extremely lucid presentation of Kant's critical philosophy, Hutchings reveals the critique to be a complex, (...) ambiguous political practice. The common Kantian heritage in the thought of the four contemporary theorists challenges orthodox distinctions between modernist and postmodernist theorizing. Kant, Critique and Kant addresses why Kant's legacy is inescapable for current debates about both "critique" and politics. This reading sheds a new light on continental and political philosophy, international relations theory and feminist theory. (shrink)

Iconoclasts? Who, Us? A Reply to Dolinko Content Type Journal Article Category Original Paper Pages 1-7 DOI 10.1007/s11572-012-9143-3 Authors Larry Alexander, San Diego, CA, USA Kimberly Kessler Ferzan, Camden, NJ, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

Abstract Context: Established in 1997, Summa Health System’s Medical Ethics Committee (EC) serves as an educational, supportive, and consultative resource to patients/families and providers, and serves to analyze, clarify, and ameliorate dilemmas in clinical care. In 2009 the EC conducted its 100th consult. In 2002 a Palliative Care Consult Service (PCCS) was established to provide supportive services for patients/families facing advanced illness; enhance clinical decision-making during crisis; and improve pain/symptom management. How these services affect one another has thus far been (...) unclear. Objectives: This study describes EC consults: types, reasons, recommendations and utilization, and investigates the impact the PCCS may have on EC consult requests or recommendations. Methods: Retrospective reviews of 100 EC records explored trends and changes in types of consults, reasons for consults, and EC recommendations and utilization. Results: There were 50 EC consults each in the 6 years pre- and post-PCCS. Differences found include: (1) a decrease in number of reasons for consult requests (133–62); (2) changes in top two reasons for EC consult requests from ‘Family opposed to withdrawing life-sustaining treatment (LST)’ and ‘Patient capacity in question’ to ‘Futility’ and ‘Physician opposed to providing LST’; (3) changes in top two recommendations given by the EC from ‘Emotional Support for Patient/Family’ and ‘Initiate DNR Order’ to ‘Comfort Care’ and ‘Withdraw Treatment.’ Overall, 88% of recommendations were followed. Conclusion: PCCS availability and growth throughout the hospital may have influenced EC consult requests. EC consults regarding family opposition to withdrawing LST and EC recommendations for patient/family support declined. Content Type Journal Article Pages 1-16 DOI 10.1007/s10730-011-9170-9 Authors Jessica Richmond Moeller, Department of Psychiatry and Behavioral Sciences, Akron General Medical Center, 400 Wabash Ave, Akron, OH 44307, USA Teresa H. Albanese, Health Services Research and Education Institute, Summa Health System and Northeast Ohio Medical University, 55 Arch St., Suite 1A, Akron, OH 44304, USA Kimberly Garchar, Kent State University, 6000 Frank Ave., N.W, North Canton, OH 44720, USA Julie M. Aultman, Department of Family and Community Medicine, Northeast Ohio Medical University, P.O. Box 95, Rootstown, OH 44272, USA Steven Radwany, Palliative Care and Hospice Services, Summa Health System and Northeast Ohio Medical University, 55 Arch St., Suite 1A, Akron, OH 44304, USA Dean Frate, Internal Medicine, Palliative Care and Hospice Services, Summa Health System and Northeast Ohio Medical University, 55 Arch St., Suite 1A, Akron, OH 44304, USA Journal HEC Forum Online ISSN 1572-8498 Print ISSN 0956-2737. (shrink)

Starting with the first time they turned on a television or saw a billboard, this generation of teens, more than any generation before, has been inundated with the message, "If I can have that or look more like that, then I will be happy." Get Happy is a breath of fresh air for teenagers to help them become happy with who they are and what they have today rather than waiting for the next big thing. Teen advocate and author (...) class='Hi'>Kimberly Kirberger, along with her son, Jesse, enlightens readers with the idea that happiness is a choice, and it is available to us whenever we decide we want it. Kirberger uncovers the lies the media, our educational system, and even our well-intentioned friends and family tell us about happiness. Happiness can only be found in the here and now, not in what the future may bring. Get Happy Guide is all about letting go of our past and stepping into our present. It's about not being a victim and about learning how to gain control over our emotions. Poems, cartoons, and insightful stories are peppered throughout with examples of how other teenagers have found their own sense of happiness. (shrink)

: In this essay, Hutchings contends that Simone de Beauvoir's argument in The Ethics of Ambiguity provides a valuable resource for feminists currently addressing the question of the legitimacy of political violence, whether of the state or otherwise. The reason is not that Beauvoir provides a definitive answer to this question, but rather because of the ways in which she deconstructs it. In enabling her reader to appreciate what is presupposed by a resistant politics that adopts violence as its instrument, (...) Beauvoir illuminates the problems encountered by the kinds of "realistic and positive" and "idealistic and moral" arguments through which the use of violence in politics is routinely justified. At the same time, Beauvoir demonstrates that to deconstruct the question of the legitimacy of violence is neither to banish nor resolve it. She does not offer a recipe for determining the legitimacy or otherwise of the use of violence in politics in general; instead, she illuminates the irremediable difficulty and inescapability of such judgments in a violent and intransigent world. (shrink)

This is a review of Hate Crimes: Criminal Law and Identity Politics, by James B. Jacobs and Kimberly Potter; it is argued that the arguments of that book completely fail to establish the book's principal conclusions.

This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.

This collection presents some of the most vital and original recent writings on Descartes, Spinoza, and Leibniz, the three greatest rationalists of the early modern period. Their work offered brilliant and distinct integrations of science, morals, metaphysics, and religion, which today remain at the center of philosophical discussion. The essays written especially for this volume explore how these three philosophical systems treated matter, substance, human freedom, natural necessity, knowledge, mind, and consciousness. The contributors include some of the most prominent writers (...) in the field, including Jonathan Bennett, Michael Della Rocca, Jan A. Cover, Catherine Wilson, Stephen Voss, Edwin Curley, Don Garrett, and Margaret D. Wilson. (shrink)

Are there clergy who don’t believe in God? Certainly there are former clergy who fall in this category. Before making their life-wrenching decisions, they were secret nonbelievers. Who knows how many like-minded pastors discover that they simply cannot take this mortal leap from the pulpit and then go on to live out their ministries in secret disbelief? What is it like to be a pastor who doesn’t believe in God? John Updike gave us a moving account in his brilliant novel, (...) In the Beauty of the Lilies, which begins with the story of Reverend Wilmot, a Lutheran minister whose life is shattered by his decision to renounce the pulpit in the face of his mounting disbelief. But that is fiction and Wilmot’s period of concealment is short-lived. What is it like to be a pastor who stays the course, in spite of sharing Wilmot’s disbelief? (shrink)

Though many have recently attempted either to locate Arendt within feminism or feminism within the great body of Arendt's work, these efforts have proven only modestly successful. Even a cursory examination of Arendt's work should suggest that these efforts would prove frustrating. None of her voluminous writings deal specifically with gender, though some of her work certainly deals with notable women. Her interest is not in gender as such, but in woman as assimilated Jew or woman as social and political (...) revolutionary. In this paper, I argue that Arendt recognized that what frequently passes for a gender question is not essentially a matter of gender at all, but rather an idiosyncratic form of loneliness that typically affects, though is by no means limited to, women. In her work one finds the conceptual tools necessary to understand the “woman problem” rather than an explicit argument or a solution to it. (shrink)

The existence of free will has been both an enduring presumption of Western culture and a subject for debate across disciplines for millennia. However, little empirical evidence exists to support the almost unquestioned assumption that, in general, Westerners endorse the existence of free will. The few studies that measure belief in free will have methodological problems that likely resulted in underestimating the true extent of belief. Recently, Rakos et al. (Behavior and Social Issues 17:20–39, 2008 ) found a stronger endorsement (...) of free will when demand characteristics were eliminated. The current study builds on this work by sampling incarcerated adolescents and adults, whose freedom to act is externally constrained. Belief in free will as well as attitudes toward punishment, self-esteem, and locus of control were measured. The results indicate that free will is strongly endorsed in Western society even when freedom to act is severely restricted. However, incarcerated adolescents endorsed free will to a slightly lesser extent than their nonincarcerated counterparts from Rakos et al. (Behavior and Social Issues 17:20–39, 2008 ), while incarcerated and nonincarcerated adults offered equally strong endorsements. The comparable endorsement by adults is consistent with the hypothesis that the belief in agency is an evolutionary adaptation. The small decrease found for incarcerated adolescents may reflect the interaction between developmental factors and the expression of an evolutionary adaptation. Additionally, incarcerated adolescents and adults associated beliefs in free will with viewing punishment as a means of deterrence, rehabilitation, and retribution. Incarcerated adults, but not incarcerated adolescents, associated beliefs in free will with greater self-esteem and with an external locus of control. Finally, though both incarcerated adults and adolescents endorsed free will strongly, the former manifested the belief by emphasizing free agentic choice whereas the latter focused on the personal responsibility that is interwoven with free choice. The implications of these findings are discussed in the context of evolutionary, cultural, and developmental factors. (shrink)

This article serves as a case study of how contemporary residents of the Upper Great Lakes states debate the ethics and meanings of living with wolves. An overview of the challenges facing Minnesota wolf management is provided, and the results of a Q-methodology study are presented. The study revealed three primary factors, or shared belief systems, about wolf management in Minnesota. The idealist perspective tells a redemption story of sin and atonement, the institutional perspective endorses scientific management and rationality and (...) the localist perspective promises justice, respect and acknowledgement for its champions. The factors are interpreted as narratives or latent myths that provide a set of tacit directions to its adherents about understanding the complexities of living among carnivores. The intricacies and unique logic of each of the three factors are discussed, and themes of consensus and disagreement are briefly highlighted. (shrink)

In The Frontiers of Justice, Martha Nussbaum argues that social contract theory cannot accommodate political duties to animals because it requires the parties to the contract to enjoy rough physical and mental equality. Her interpretation of the social contract tradi­tion is unpersuasive; social contract theory requires only that the parties be equally free and deserving of moral consideration. Moreover, social contract theory is superior to her capabilities approach in that it allows us to limit the scope of the community of (...) justice to animals we are capable of recognizing as subjects of justice and with whom we have a political relationship. (shrink)

Elizabeth Anderson’s “pluralist–expressivist” value theory, an alternative to the understanding of value and rationality underlying the “rational actor” model of human behavior, provides rich resources for addressing questions of environmental and animal ethics. It is particularly well-suited to help us think about the ethics of commodification, as I demonstrate in this critique of the pet trade. I argue that Anderson’s approach identifies the proper grounds for criticizing the commodification of animals, and directs our attention to the importance of maintaining social (...) practices and institutions that respect the social meanings of animals. Her theory alone, however, does not adequately address the role of the state in this project. Drawing on social contract theory to fill this gap, I conclude that the state’s role in regulating the pet trade should be limited to ensuring the welfare of animals in the stream of commerce, not prohibiting their mass marketing altogether. (shrink)

Beginning with the nineteenth-century critiques of slave agriculture, African American writers have been centrally concerned with their relationship to the American landscape. Drawing on and responding to the dominant ideology of democratic agrarianism, nineteenth-century black writers developed an agrarian critique of slavery and racial oppression. This black agrarianism focuses on property rights, the status of labor, and the exploitation of workers, exploring how racial oppression can prevent a community from establishing a responsible relationship to the land. Black agrarianism serves as (...) an important starting point for understanding black environmental thought as it developed in the twentieth century, and for illuminating the connections between social justice and environmental stewardship. (shrink)

The treatment of employees during downsizing and corporate restructuring raises many ethical issues. To provide a common framework for understanding ethical decisions facing organizations delivering the news of dismissal to affected employees, Integrative Social Contracts Theory and the research on social exchange was used to integrate existing research on employee dismissal. Of particular importance was determining the criteria necessary to manage the dismissal process within ethical boundaries. Three basic criteria, which together represent a variety of contractual and transactional obligations, are (...) proposed as necessary for an ethical approach to dismissal; 1) advance warning of the job loss, 2) open communication, and 3) institutionalized support services. The frequency with which organizations meet these criteria is examined using a geographically dispersed, cross-organizational sample of 770 involuntarily displaced professional employees. In addition, the effect of such an ethical approach to dismissal on individual psychological and financial outcomes is examined. Findings are discussed as they relate to the implicit contract between employee and employer and organizations' responsibility to employees during corporate restructuring. (shrink)

When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...) article further claims that provocateurs need to be distinguished from their cousins, initial aggressors, as initial aggressors engage in conduct that grounds the permissibility of the defender’s behavior whereas the provocateur’s behavior does not justify the respondent’s use of force against him. In addition, this article rejects that the basis of this forfeiture can be found in the doctrines surrounding when and why mitigation for provocation is appropriate for the respondent. Provocateurs forfeit their defensive rights for the very simple reason that they start the fight. This forfeiture occurs when they behave culpably, meaning that they subjectively appreciate that they are running the risk of causing force to be used against them and they engage in this behavior without justification or excuse. The question of when the provocateur’s behavior is justified is incredibly complex. It requires analysis of when it is that one is justified in increasing the risk of another’s wrongdoing. Any analysis of this justification must take seriously the liberty rights of the potential provocateur to engage in otherwise permissible behavior. Moreover, the determination of whether the provocateur is justified will turn on whether the later acts that he puts into motion are themselves justified. Thus, when Charles Bronson in the movie Death Wish presents himself as a victim so that muggers will attack him, the justifiability of his conduct in appearing as a vulnerable victim will turn on whether he is entitled to engage in this conduct, intending to later defend himself. This article argues that in Death Wish-type cases, the reason that the provocateur is not justified is because he becomes a vigilante, thereby usurping the role of the state and undermining rule of law values. (shrink)

Hegel and Feminist Philosophy traces the legacy of Hegel in the work of thinkers such as de Beauvoir, Irigaray and Butler, and also in contemporary debates in ...

This article draws on three ecofeminist theorists (Gayatri Chakravorty Spivak, Val Plumwood, and Donna Haraway) in order to criticize the dominant model of globalization, which oppresses humans and the natural environment, and propose an alternative globalization grounded in planetary love. Rather than affirming or opposing the globalization, planetary love acknowledges its complicity with the neocolonial tendencies of globalization while aiming toward another globalization, a more just, peaceful, and sustainable globalization. In this context, love is characterized by non-coercive, mutually transformative contact, (...) which opens spaces of respect and responsibility for the unique differences and otherness of planetary subjects (humans and nonhumans). (shrink)

The purpose of this article is threefold: (a) to describe the relevant ethical and legal issues associated with decisional capacity among minors and to discuss the importance of these concepts for children and adolescents living with HIV, (b) to provide a framework for assessing the decisional capacity of children and adolescents with HIV, and (c) to present a model for thinking about how to use this assessment data to guide action along the protection-autonomy continuum.

We examined attitudes as one potential influence on the behavioral intentions of three stakeholder groups commonly in conflict. Business managers (n = 97), government environmental regulators (n = 69), and active members of pro-environmental groups (n = 49) were surveyed to assess the differences among these groups in their attitudes toward property rights, environmental regulation, and technology. We compared the influence of these attitudes and stakeholder group affiliation on intentions to engage in pro-environmental behavior. The attitudes measures explained a significant (...) amount of the variance in behavioral intention, even after group membership was controlled. Theoretical implications of these findings for stakeholder theory are discussed along with some practical applications of these findings for stakeholder negotiations and management practices. (shrink)

Educational gatekeeping functions in psychology serve to assess, remediate, and/or dismiss students and trainees with problematic professional competencies (STPPC). Recently, professional psychology graduate programs have increasingly focused on problems with professional competency, and they have begun to implement formal procedures to intervene with STPPC (Rubin et al., 2007). However, there has been considerably less literature addressing the ethics and ethical considerations of instituting these gatekeeping functions, especially in different stages of education and training in psychology. The American Psychological Association (APA; (...) 2002) Ethical Principles of Psychologists and Code of Conduct (Ethics Code) offers faculty and supervisors ethical principles and obligatory standards that provide guidance about how to implement highly ethical gatekeeping practices. The purpose of this article is to highlight the major ethical issues and dilemmas that faculty and supervisors may face when intervening with STPPC and provide recommendations for ethical gatekeeping practices that are inspired by the APA Ethics Code. (shrink)

The purpose of this article is threefold: (a) to describe the relevant ethical and legal issues associated with decisional capacity among minors and to discuss the importance of these concepts for children and adolescents living with HIV, (b) to provide a framework for assessing the decisional capacity of children and adolescents with HIV, and (c) to present a model for thinking about how to use this assessment data to guide action along the protection-autonomy continuum.

Family firm leaders acting as stewards of a close-knit enterprise may attempt to build a positive atmosphere of trust, clarity, and cohesiveness in the firm’s operation. Yet, conditions unique to family firms may lead some family members to develop a heightened sense of entitlement and weaker bonds to the organization. This creates conditions for a Fredo effect, where a family member’s incompetence, opportunistic behaviors, and/or ethically dubious actions can impede the firm’s success, potentially resulting in a scandal that could lead (...) to the firm’s demise and negative economic impact on employees, customers, and other stakeholders. Surveying 147 family-firm members, we examine the role that linkages among perceptions of family harmony norms, distributive fairness, role ambiguity, and relationship conflict play in the emergence of a family member who acts as an impediment to the firm, which can be manifested in damaging unethical behaviors. As hypothesized, family harmony norms and fairness perceptions are negatively related to family impediment, while role ambiguity is positively related to family impediment. However, relationship conflict mediates these connections, underscoring the potential damage this type of conflict can create in a family firm, even if leaders of the firm attempt to establish conditions that reflect a stewardship approach to firm governance. We discuss how these findings impact the development of an ethical climate in the family firm and the implications for family business survival or scandal. (shrink)

This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.

The potential for biased responses that occur when researchers interact with their study participants has long been of interest to both academicians and practitioners. Given the sensitive nature of the field, researcher interaction biases are of particular concern for business ethics researchers regardless of their preference for survey, experimental, or qualitative methodology. Whereas some ethics researchers may inadvertently bias data by misrecording or misinterpreting responses, other biases may occur when study participants' responses are systematically influenced by the mere introduction of (...) researchers into the participants' environment. Although substantial empirical research has been conducted on the general topic of researcher interaction biases, none has focused specifically on business ethics research. In order to remedy this lack of empirical substantiation in the field, we review the related literature on researcher interaction biases, present an empirical example of how such biases can influence research results in an experiment assessing reactions to insurance fraud, and discuss the implications for business ethics research. (shrink)

Contemporary scholars have generally labelled Adolf Reinach, a founding member of early phenomenology’s Göttingen Circle, a Platonist. Because Reinach conceives of states of affairs as neither real nor ideal, as involved with timeless essences and necessary logical laws, many have hastily concluded that states of affairs are Platonic entities. In this essay, I analyse Barry Smith’s argument that Reinach is a Platonist. Smith’s widely accepted argument often becomes utilised to show that Reinach and other phenomenologists, including Husserl, are Platonic realists (...) (or, simply, Platonists). A closer look at Reinach’s text indicates, however, that he is notcommitted to Platonic realism. (shrink)

Abstract This study challenges Carol Gilligan's gendered interpretation of moral voice by examining the ways in which moral problems and responses were socially constructed in the contexts of power relations based not on gender, but culture. In?depth interviews were conducted with 30 mainland Chinese men and women studying in the United States regarding their lived experiences of moral conflict and choice. Out of these interviews, the problem of power emerged as a central moral concern in Chinese students? relationships with Americans. (...) These relationships were characterised by a dilemma of voice: the tension between an ethical imperative to keep silent to preserve vital yet hurtful power relations, and the moral need to speak out in defence of one's dignity and integrity. Students? responses to this dilemma varied with the nature of the power relationship itself: enjoining students to endure silently those abusive relationships which they felt powerless to change or exit, to abandon those which they could afford to leave, and to protest against those which they felt capable of challenging or even transforming. These findings underscore the situational nature of moral conflict and suggest that it is power??whether rooted in gender or culture??which is the critical dimension of human relationships for the interpretation of moral voice. (shrink)

In The Ends of Harm, Victor Tadros claims that the general justifying aim of the criminal law should be general deterrence. He also takes seriously that we cannot use people as a means, and thus he argues that we may only punish people in the name of general deterrence who have a ‘duty’ to suffer. Tadros claims that this duty arises as follows: An offender initially has a duty not to harm the victim. If the offender violates that duty, the (...) offender still has a duty to stop the harm from occurring (so that, for example, an offender would have to jump in front of his own bullet). And if the harm does occur, then the offender has a duty to rectify that harm. This duty to rectify, argues Tadros, requires the defendant not only to compensate the victim but also to protect the victim to the extent that he would have been able to have been harmed to prevent the threat from occurring. Tadros further advances intricate arguments for why the state may therefore punish the offender to protect other potential victims to the extent of the offender’s duty to rectify. This symposium contribution seeks to explore three problems with Tadros’ analysis, ultimately arguing that Tadros’ theory fails on its own terms. First, attempts present a substantial problem for Tadros’ regime because attempts do not give rise to duties to prevent harm because there is no harm to be prevented. Tadros’ attempt to account for attempts, as completed offenses of diversions of security resources, ultimately leads to punishments that bear little resemblance to the crime attempted. Such a wildly counterintuitive result creates problems for a regime premised on general deterrence, which must be understood and respected. Second, Tadros’ regime will often exempt the rich from suffering criminal punishment. Tadros claims that duties to prevent harms from occurring (by jumping in front of bullets) are only enforceable when compensation will be inadequate. However, affluent offenders may be able to fully compensate. Moreover, since the scope of the duty to suffer will be determined by what remains of the duty after the victim is compensated, affluent offenders will be able to compensate more and thereby suffer less. Again, the actual sentences will thereby bear little resemblance to the rationale for criminalization, thus threatening the deterrent message of the law. Moreover, a system that exacerbates distributive inequalities will not achieve public respect. Third, Tadros cannot justify taking the duty that the defendant owes to the victim and forcing the victim to transfer this asset to the state. In his quest to articulate a theory that does not impermissibly use defendants, he ultimately endorses a theory that impermissibly uses their victims. He thus fails to achieve the very goal he sets for himself, which is to achieve general deterrence without impermissibly using anyone. (shrink)

Child and adolescent researchers must balance increasingly complex sets of ethical, legal, and scientific standards when investigating child and adolescent mental disorders. Few guidelines are available. One mechanism that provides the investigator immunity from legally compelled disclosure of research records is described. However, discretion must be exercised in its use, especially with regard to abuse reporting, voluntary disclosure of abuse, and protection of research data. Examples of discretionary issues in the use of the certificate of confidentiality are provided.

A large U.S. government investigation into arms procurement procedures with corporate contractors has recently led to guilty pleas to fraud and illegal use of classified documents. Operation Ill Wind has brought public attention to the criminal and unethical conduct of large defense contractors in their dealings with the government. This article will review how the defense contract bidding process operates and why illegal activity has been able to compromise the process. We will offer proposals to improve the process in light (...) of the present inquiry. (shrink)