This article aims to summarize the current ethical issues in the field of clinical and counseling psychology and the process of developing professional ethical standards in China. First, through a review of the history of counseling and psychotherapy in China, general background information is provided. Important ethical issues are then discussed based on the results from several empirical studies. Finally, the process of developing the new edition of the Chinese Psychological Society Code of Ethics for Clinical and Counseling Psychology, the (...) main contents as well as the considerations taken into account in the development of this code are presented. (shrink)
This article aims to summarize the current ethical issues in the field of clinical and counseling psychology and the process of developing professional ethical standards in China. First, through a review of the history of counseling and psychotherapy in China, general background information is provided. Important ethical issues are then discussed based on the results from several empirical studies. Finally, the process of developing the new edition of the Chinese Psychological Society Code of Ethics for Clinical and Counseling Psychology, the (...) main contents as well as the considerations taken into account in the development of this code are presented. (shrink)
Modality, morality and belief are among the most controversial topics in philosophy today, and few philosophers have shaped these debates as deeply as Ruth Barcan Marcus. Inspired by her work, a distinguished group of philosophers explore these issues, refine and sharpen arguments and develop new positions on such topics as possible worlds, moral dilemmas, essentialism, and the explanation of actions by beliefs. This 'state of the art' collection honours one of the most rigorous and iconoclastic of philosophical pioneers.
Based on her earlier ground-breaking axiomatization of quantified modal logic, the papers collected here by the distinguished philosopher Ruth Barcan Marcus cover much ground in the development of her thought, spanning from 1961 to 1990. The first essay here introduces themes initially viewed as iconoclastic, such as the necessity of identity, the directly referential role of proper names as "tags", the Barcan Formula about the interplay of possibility and existence, and alternative interpretations of quantification. Marcus also addresses the (...) putative puzzles about substitutivity and about essentialism. The collection also includes influential essays on moral conflict, on belief and rationality, and on some historical figures. Many of her views have been incorporated into current theories, while others remain part of a continuing debate. (shrink)
Aiming to complicate this story, Dan Arnold confronts a significant obstacle to popular attempts at harmonizing classical Buddhist and modern scientific thought: since most Indian Buddhists believe that the mental continuum is uninterrupted ...
Previously, Rodriguez & LeMaster (2007) recommended that the SEC issue a “CSR Seal of Approval” for companies that voluntarily disclose their corporate social responsibility (CSR) projects. That work lacks the strength of third or fourth-party accreditation. This paper recommends that the SEC issue an accreditation grade of A, B, B-, or C to provide strength to the “CSR Seal of Approval” and to help companies indicate the quality of company CSR programs. By issuing an accredited “CSR Seal of Approval,” (...) all stakeholders benefit because companies can incorporate CSR into their strategies and achieve recognition for their CSR projects. The premise of the accreditation concept support the original authors notion of letting CSR remain voluntary and not legislated; thus, all companies (small, medium, large, foreign or domestic) maintain competitive advantage by not incurring additional regulated costs. (shrink)
Metaphysics and language: Quine, W. V. O. On the individuation of attributes. Körner, S. On some relations between logic and metaphysics. Marcus, R. B. Does the principle of substitutivity rest on a mistake? Van Fraassen, B. C. Platonism's pyrrhic victory. Martin, R. M. On some prepositional relations. Kearns, J. T. Sentences and propositions.--Basic and combinatorial logic: Orgass, R. J. Extended basic logic and ordinal numbers. Curry, H. B. Representation of Markov algorithms by combinators.--Implication and consistency: Anderson, A. R. Fitch (...) on consistency. Belnap, N. D., Jr. Grammatical propaedeutic. Thomason, R. H. Decidability in the logic of conditionals. Myhill, J. Levels of implication.--Deontic, epistemic, and erotetic logic: Bacon, J. Belief as relative knowledge. Wu, K. J. Believing and disbelieving. Kordig, C. R. Relativized deontic modalities. Harrah, D. A system for erotetic sentences. (shrink)
A major question for liberal politics and liberal political theory concerns the proper scope of government. Liberalism has always favored limited government, but there has been wide-ranging dispute among liberals about just how extensive the scope of government should be. Included in this dispute are questions about the extent of state ownership of the means of production, redistribution of wealth and income through the tax code and transfer programs, and the extent of government regulation. One of N. Scott Arnold's (...) goals is to give an accurate characterization of both modern liberalism and classical liberalism, explaining along the way why libertarianism is not the only form that classical liberalism can take. The main focus of Arnold's book, however, concerns regulation--specifically, the modern liberal regulatory agenda as it has taken shape in contemporary American society. This is the set of regulatory regimes favored by all modern liberals and opposed by all classical liberals. It includes contemporary employment law in all its manifestations, health and safety regulation, and land use regulation. The heart of the book consists of a systematic evaluation of arguments for and against all the items on this agenda. It turns out that there are good arguments on both sides for most of these regulatory regimes. Because of this, and because someone's vision of the proper scope of government will ultimately prevail, some procedural requirements that all liberals could agree to must be satisfied for one side to impose legitimately its values on the polity at large. These procedural requirements are identified, argued for, and then applied to the elements of the modern liberal regulatory agenda. Arnold argues that many, though not all, of these elements have been illegitimately imposed on American society. (shrink)
I argue that zombies are inconceivable. More precisely, I argue that the conceivability-intuition that is used to demonstrate their possibility has been misconstrued. Thought experiments alleged to feature zombies founder on the fact that, on the one hand, they _must_ involve first-person imagining, and yet, on the other hand, _cannot_. Philosophers who take themselves to have imagined zombies have unwittingly conflated imagining a creature who lacks consciousness with imagining a creature without also imagining the consciousness it may or may not (...) possess. (shrink)
It is sometimes said that there are two, competing versions of W. V. O. Quine’s unrelenting empiricism, perhaps divided according to temporal periods of his career. According to one, logic is exempt from, or lies outside the scope of, the attack on the analytic-synthetic distinction. This logic-friendly Quine holds that logical truths and, presumably, logical inferences are analytic in the traditional sense. Logical truths are knowable a priori, and, importantly, they are incorrigible, and so immune from revision. The other, radical (...) reading of Quine does not exempt logic from the attack on analyticity and a priority. Logical truths and inferences are themselves part of the web of belief, and the same global methodology applies to logic as to any other part of the web, such as theoretical chemistry or ordinary beliefs about ordinary objects. Everything, including logic, is up for grabs in our struggle for holistic confirmation. The purpose of this paper is to examine the law of non-contradiction, and the concomitant principle of ex falso quodlibet, from the perspective of the principles advocated by the radical Quine. I show that he has no compelling reason to accept either of these. To put it bluntly, neither the law of non-contradiction nor the rule of ex falso quodlibet is empirically confirmed, and these principles fare poorly on the various criteria for theory acceptance on the methodology of the radical Quine. So the radical Quine is led rather quickly and rather directly into something in the neighborhood of Graham Priest’s dialetheism. (shrink)
After providing a brief history of global climate change, we consider and reject the influential position that free markets and responsive democracies relieve corporations of obligations to protect the environment. Five main objections to the free market view are presented, focusing in particular on the roles of business organizations in the transportation and electricity generation sectors. Ethically grounded management and public policy recommendations are offered.
Abstract: It is generally accepted that the most serious threat to the possibility of mental causation is posed by the causal self-sufficiency of physical causal processes. I argue, however, that this feature of the world, which I articulate in principle I call Completeness, in fact poses no genuine threat to mental causation. Some find Completeness threatening to mental causation because they confuse it with a stronger principle, which I call Closure. Others do not simply conflate Completeness and Closure, but (...) hold that Completeness, together with certain plausible assumptions, _entails_ Closure. I refute the most fully worked-out version of such an argument. Finally, some find Completeness all by itself threatening to mental causation. I argue that one will only find Completeness threatening if one operates with a philosophically distorted conception of mental causation. I thereby defend what I call naïve realism about mental causation. (shrink)
There has been much written in recent years about whether a pair of subjects could have visual experiences that represented the colors of objects in their environment in precisely the same way, despite differing significantly in what it was like to undergo them, differing that is, in their qualitative character. The possibility of spectrum inversion has been so much debated1 in large part because of the threat that it would pose to the more general doctrine of Intentionalism, according to which (...) the representational content of an experience fixes what it. (shrink)
The thesis that mental states are physical states enjoys widespread popularity. After the abandonment of typeidentity theories, however, this thesis has typically been framed in terms of state tokens. I argue that token states are a philosopher’s fiction, and that debates about the identity of mental and physical state tokens thus rest on a mistake.
Libertarian theories of the normative core of the corporation hold in common the view that is the responsibility of publicity held corporations to return profits to shareholders within the bounds of certain moral side-constraints. Side-constraints may be either weak (grounded in the rules of the game) or strong (grounded in rights). This essay considers libertarian arguments regarding the normative core of the corporation in the context of global capitalism and in the light of actual corporate behavior. First, it is argued (...) the weak side-constraints view is conceptually incoherent when applied in a global context. Second, it is argued that proponents of the libertarian strong side-constraints view lack an adequate theory of rights. Third, both the weak side-constraints view and the strong side-constraints view are shown to be unsatisfactory insofar as they fail to adequately address the coercive power of corporations. The main conclusion of this essay is that a viable libertarian theory of the corporation has yet to be articulated. (shrink)
Dharmakīrti, elaborating one of the Buddhist tradition's most complete defenses of rebirth, advanced some of this tradition's most explicitly formulated arguments for mind-body dualism. At the same time, Dharmakīrti himself may turn out to be vulnerable to some of the same kinds of arguments pressed against physicalists. It is revealing, then, that in arguing against physicalism himself, Dharmakīrti does not have available to him what some would judge to be more promising arguments for dualism (arguments, in particular, following Kant's 2nd (...) Critique) – and indeed, that these arguments actually cut against Dharmakīrti's own position. After elaborating and characterizing Dharmakīrti's case for rebirth, then, this article briefly considers an argument that Dharmakīrti cannot himself enlist for this purpose. (shrink)
If a woman in the audience at a presentation raises her hand, we would take this as evidence that she intends to ask a question. In normal circumstances, we would be right to say that she raises her hand because she intends to ask a question. We also expect that there could, in principle, be a causal explanation of her hand’s rising in purely physiological terms. Ordinarily, we take the existence and compatibility of both kinds of causes for granted. But (...) this can come to seem strange. When we imagine tracking the physiological process that culminates in her hand’s rising, it is hard to find a purchase for her intention. The physiological process seems not to need assistance from her intention in order to get where it’s going, chugging along as it does according to principles that appear to have very little in common with ordinary psychological ones. The presumed self-sufficiency of physiological processes can, in a similar fashion, appear to muscle psychological states quite generally out of the causal picture. (shrink)
Some influential interpreters of Dharmakīrti have suggested understanding his thought in terms of a ‘sliding scale of analysis.’ Here it is argued that this emphasis on Dharmakīrti's alternating philosophical perspectives, though helpful in important respects, obscures the close connection between the two views in play (identified by later commentators as ‘Sautrāntika’ and ‘Yogācāra’). Indeed, with respect to these perspectives as Dharmakīrti develops them, the epistemology is the same either way. Insofar as that is right, John Dunne's characterization of Dharmakīrti's Yogācāra (...) as ‘epistemic idealism’ may not, after all, distinguish this perspective from Sautrāntika; indeed, epistemic idealism can be understood as just the view these positions share. Thus, what distinguishes the ‘Yogācāra’ section of Dharmakīrti's texts is simply his making explicit that epistemological commitments the Sautrāntika does (or at least can coherently) hold are already compatible with idealism. Sautrāntika and Yogācāra thus differ only when one turns to the metaphysical arguments that (on the idealist's view) additionally show that only such mental things as sense data could be real. (shrink)
In recent decades, a view of identity I call Sortalism has gained popularity. According to this view, if a is identical to b, then there is some sortal S such that a is the same S as b. Sortalism has typically been discussed with respect to the identity of objects. I argue that the motivations for Sortalism about object-identity apply equally well to event-identity. But Sortalism about event-identity poses a serious threat to the view that mental events are token identical (...) to physical events: A particular mental event m is identical with a particular physical event p only if there is a sortal S such that m and p are both Ss. If there is no such sortal, the doctrine of token-identity is not true. I argue here that we have no good reason for thinking that there is any such sortal. (shrink)
The introduction of the notion of family resemblance represented a major shift in Wittgenstein’s thoughts on the meaning of words, moving away from a belief that words were well defined, to a view that words denoted less well defined categories of meaning. This paper presents the use of the notion of family resemblance in the area of machine learning as an example of the benefits that can accrue from adopting the kind of paradigm shift taken by Wittgenstein. The paper presents (...) a model capable of learning exemplars using the principle of family resemblance and adopting Bayesian networks for a representation of exemplars. An empirical evaluation is presented on three data sets and shows promising results that suggest that previous assumptions about the way we categories need reopening. (shrink)
: In this brief commentary, we reflect on the recent study by Siminoff, Burant, and Youngner of public attitudes toward "brain death" and organ donation, focusing on the implications of their findings for the rules governing from whom organs can be obtained. Although the data suggest that many seem to view "brain death" as "as good as dead" rather than "dead" (calling the dead donor rule into question), we find that the study most clearly demonstrates that understanding an individual's definition (...) of death is neither a straightforward task nor a good predictor of views about donation. Reflecting on the implications for ongoing debates over the dead donor rule, we suggest that perhaps it is not a change in policy that is warranted, but rather a change in the priorities that have garnered such intense focus on this issue within the field of bioethics. (shrink)
Traditionally conceived, introspection is a form of nonsensuous perception that allows the mind to scrutinize at least some of its own states while it is experiencing them. The traditional account of introspection has been in disrepute ever since Ryle argued that the very idea of introspection is a logical muddle. Recent critics such as William Lyons, John Searle, and Sydney Shoemaker argue that this disrepute is well-deserved. Three distinct objections to the traditional account of introspection are considered and rejected. It (...) is argued that critics of the traditional account of introspection fail to adequately distinguish potential objects of introspection. Further, it is argued that at least two cognitive states are properly understood as objects of introspection. The conclusions reached suggest that there are sufficient reasons to reconsider ther merits of the traditional account of introspection. (shrink)
These studies examined whether having thoughts related to an event before it occurs leads people to infer that they caused the event— even when such causation might otherwise seem magical. In Study 1, people perceived that they had harmed another person via a voodoo hex. These perceptions were more likely among those who had first been induced to harbor evil thoughts about their victim. In Study 2, spectators of a peer’s basketball-shooting performance were more likely to perceive that they had (...) influenced his success if they had first generated positive visualizations consistent with that success. Observers privy to those spectators’ visualizations made similar attributions about the spectators’ influence. Finally, addi- tional studies suggested that these results occur even when the thought-about outcome is viewed as unwanted by the thinker and even in field settings where the relevant outcome is occurring as part of a live athletic competition. (shrink)
Two strikingly similar critiques of epistemological foundationalism are examined: J. L. Austin's critique of A. J. Ayer in the former's "Sense and Sensibilia," and part of Candrakīrti's critique of Dignāga in the first chapter of the "Prasannapadā." With respect to Austin, it is argued that his writings on epistemology in fact relate quite closely to his better-known philosophy of speech acts, and that the appeal to ordinary language is part of a transcendental argument against the possibility of radical skepticism. It (...) is then argued that Candrakīrti makes some very similar moves, and that his argument against Dignāga makes still clearer the sense in which both Austin and Candrakīrti can be characterized as making transcendental arguments. In particular, if a condition of the possibility of meaningful discourse is the making of certain kinds of assents, then the epistemologist's demand for the justification of those assents is unreasonable. (shrink)
This paper is intended as a critical examination of the question of when the use of computer simulations is beneficial to scientific explanations. This objective is pursued in two steps: First, I try to establish clear criteria that simulations must meet in order to be explanatory. Basically, a simulation has explanatory power only if it includes all causally relevant factors of a given empirical configuration and if the simulation delivers stable results within the measurement inaccuracies of the input parameters. If (...) a simulation is not explanatory, it can still be meaningful for exploratory purposes, but only under very restricted conditions. In the second step, I examine a few examples of Axelrod-style simulations as they have been used to understand the evolution of cooperation (Axelrod, Schüßler) and the evolution of the social contract (Skyrms). These simulations do not meet the criteria for explanatory validity and it can be shown, as I believe, that they lead us astray from the scientific problems they have been addressed to solve and at the same time bar our imagination against more conventional but still better approaches. (shrink)
This paper examines the implications of the General Agreement on Trade in Services (GATS), the World Trade Organization’s agreement governing trade in health-related services, for health policy and healthcare reform in the United States. The paper describes the nature and scope of US obligations under the GATS, the ways in which the trade agreement intersects with domestic health policy, and the institutional factors that mediate trade-offs between health and trade policy. The analysis suggests that the GATS provisions on market access, (...) national treatment and domestic regulation, which are designed to eliminate ‘regulatory barriers’ to global trade in health services, limit the range of options that state and federal regulators and legislative bodies can employ to regulate the health sector and implement healthcare reforms. As such, the paper identifies the broader social and ethical implications of free trade policy. (shrink)
Recognizing the growing interdependence of the European Union and the importance of codes of conduct in companies’ operations, this research examines the effect of a country’s culture on the implementation of a code of conduct in a European context. We examine whether the perceptions of an activity’s ethicality relates to elements found in company codes of conduct vary by country or according to Hofstede’s (1980, Culture’s Consequences (Sage Publications, Beverly Hills, CA)) cultural constructs of: Uncertainty Avoidance, Masculinity/Femininity, Individualism, and Power (...) Distance. The 294 individuals, who participated in our study, were from 8 Western European countries. Their responses to our 13 scenarios indicate that differences in the perceptions of ethicality associate primarily with the participants’ country as opposed to their employer (i.e., accounting firm), employment level, or gender. The evidence also indicates that these country differences associate with Hofstede constructs of Individualism and Masculinity. (shrink)
To learn whether criticism and regulation of research practices have been followed by a reduction of deception or use of more acceptable approaches to deception, the contents of all 1969, 1978, 1986, and 1992 issues of the Journal of Personality and Social Psychology were examined. Deception research was coded according to type of (non)informing (e.g., false informing, consent to deception, no informing), possible harmfulness of deception employed (e.g., powerfulness of induction, morality of the behavior induced, privacy of behavior), method of (...) deception (e.g., bogus device or role, false purpose of study, false feedback), and debriefing employed. Use of confederates has been partly replaced by uses of computers. "Consent" with false informing declined after 1969, then rose in 1992. Changes in the topics studied (e.g., attribution, socialization, personality) largely accounted for the decline in deception in 1978 and 1986. More attention needs to be given to ways of respecting subjects' autonomy, to appropriate debriefing and desensitizing, and to selecting the most valid and least objectionable deception methods. (shrink)
This study builds upon the top management literature to predict and test antecedents to firms’ engagement in corruption. Building on a survey of 341 executives in India, we find that if executives have social ties with government officials, their firms are more likely to engage in corruption. Further, these executives are likely to rationalize engaging in corruption as a necessity for being competitive. The results collectively illustrate the role that executives’ social ties and perceptions have in shaping illegal actions of (...) their respective firms. (shrink)
The goal of this paper is to examine whether business performance is affected by the adoption of practices included under the term Corporate Social Responsibility (CSR). To achieve this goal, we analyse the relation between CSR and certain accounting indicators and examine whether there exist significant differences in performance indicators between European firms that have adopted CSR and others that have not. The effects of compliance with the requirements of CSR were determined on the basis of firms included in the (...) Dow Jones Sustainability Index (DJSI), and specific accounting indicators were applied to measure performance. For the purposes of this study, we selected one group of firms belonging to the DJSI and another comprised of firms quoted on the Dow Jones Global Index (DJGI) but not on the DJSI. The sample was made up of two groups of 55 firms, studied for the period 1998–2004. Empirical analysis supports the conclusion that differences in performance exist between firms that belong to the DJSI and to the DJGI and that these differences are related to CSR practices. We find that a short-term negative impact on performance is produced. (shrink)
Proceedings of the Pittsburgh Workshop in History and Philosophy of Biology, Center for Philosophy of Science, University of Pittsburgh, March 23-24 2001 Session 2: Female Orgasms and Evolutionary Theory.
Philosophy of mathematics for the last half-century has been dominated in one way or another by Quine’s indispensability argument. The argument alleges that our best scientific theory quantifies over, and thus commits us to, mathematical objects. In this paper, I present new considerations which undermine the most serious challenge to Quine’s argument, Hartry Field’s reformulation of Newtonian Gravitational Theory.
Empirical research pertaining to cardiopulmonary resuscitation (CPR), clinician behaviors related to do-not-resuscitate (DNR) orders and substituted judgment suggests potential contributions to medical ethics. Research quantifying the likelihood of surviving CPR points to the need for further philosophical analysis of the limitations of the patient autonomy in decision making, the nature and definition of medical futility, and the relationship between futility and professional standards. Research on DNR orders has identified barriers to the goal of patient involvement in these life and death (...) discussions. The initial data on surrogate decision making also points to the need for a reexamination of the moral basis for substituted judgment, the moral authority of proxy decision making and the second-order status of the best interests standard. These examples of empirical research suggest that an interplay between empirical research, ethical analysis and policy development may represent a new form of interdisciplinary scholarship to improve clinical medicine. (shrink)
Since the Harvard Committees bold and highly successful attempt to redefine death in 1968 (Harvard Ad Hoc committee, 1968), multiple controversies have arisen. Stimulated by several factors, including the inherent conceptual weakness of the Harvard Committees proposal, accumulated clinical experience, and the incessant push to expand the pool of potential organ donors, the lively debate about the definition of death has, for the most part, been confined to a relatively small group of academics who have created a large body of (...) literature of which this issue of the Journal of Medicine and Philosophy is an example. Law and public policy, however, have remained essentially unaffected. This paper will briefly review the multiple controversies about defining death in an attempt to explain why they have and will remain unresolved in the academic community and have even less chance of being understood and resolved by politicians, legislators, and the general public. Considering this, we will end by suggesting the probable course of public policy and clinical practice in the decades ahead. (shrink)
Criteria that aim to dichotomize cognition into rules and similarity are destined to fail because rules and similarity are not in genuine conflict. It is possible for a given cognitive domain to exploit rules without similarity, similarity without rules, or both (rules and similarity) at the same time.
Corporate governance (CG) can be seen to operate through a 'double agency' relationship: one between the shareholders and corporate management, and another between the corporate management and the firm's employees. The CG and labour management of firms are closely related. A particularly productive way to study how CG affects and is affected by the employment relationship has been to compare CG across countries. The contributions of this paper to that literature are threefold. (1) An integration of aspects of the labour (...) management literature in the CG debate. (2) Based on a sample of about 1000 firms from 31 countries, we find evidence of complementarities between the CG and the labour management of firms. Extreme cases, in general, outperform mixed cases. (3) Firm differences within countries are more important than scholars have assumed so far. We present the results of the study and implications for future research and for practice. (shrink)
In their criticism of Maoism, contemporary Soviet philosophers follow the basic structure of the orthodox presentation of Marxism — Leninism and use the whole panoply of polemical tools which the Leninist heritage offers them. Thus far, this anti — Maoism is generally maladroit and often self-contradictory.
We give a presentation of Post algebras of ordern+1 (n1) asn+1 bounded Wajsberg algebras with an additional constant, and we show that a Wajsberg algebra admits a P-algebra reduct if and only if it isn+1 bounded.
The dorsal and medial pallial formations of mammals, birds, and reptiles show overall functional striking similarities. Most of these similarities have been frequently considered examples of convergent evolution. However, a considerable amount of neurobiological comparative evidence suggests the presence of a common basic pattern of vertebrate forebrain organization. This common pattern can support functional conservation.
_metaphysically transparent_: we do not arrive at a better understanding of the realm of facts that make such talk true or false when we abandon ordinary mental concepts in favor of naturalistic concepts—or, for that matter, in favor of supernaturalistic concepts, although _super_naturalism will not be my concern here. Rather, it is ordinary mental concepts themselves that provide the best framework for understanding the metaphysics of mind. In this essay, I will be concerned just with naïve realism about mental _properties_. (...) 1 I will defend naïve realism first in relation to the view that mental properties are (ultimately) realized by fundamental physical properties (property-physicalism), and, second, in relation to the broader view that mental properties are realized by the non- rational properties of some natural science or other (property-naturalism).2 Plainly, the construction of an impenetrable defense of naïve realism would be a foolhardy ambition for a single essay. Ultimately, my aim here is thus significantly more modest: I hope just to show that naïve realism is a legitimate contender in the philosophy of mind, one which is for the most part completely overlooked, but which deserves serious consideration. (shrink)
Connectionist networks excel at extracting statistical regularities but have trouble extracting higher-order relationships. Clark & Thornton suggest that a solution to this problem might come from Elman (1993), but I argue that the success of Elman's single recurrent network is illusory, and show that it cannot in fact represent abstract relationships that can be generalized to novel instances, undermining Clark & Thornton's key arguments.