The Handbook of Implicit Cognition and Addiction features the work of an internationally renowned group of contributing North American and European authors who ...
Instead of Politics (Charleston, SC: CreateSpace, 2010), a new book by individualist John Kosanke, supplies a cornucopia of consequentialist arguments against a political society and for a free-market society.
Helen Stacy (2011). Legal System of International Rights. In David Palumbo-Liu, Bruce Robbins & Nirvana Tanoukhi (eds.), Immanuel Wallerstein and the Problem of the World: System, Scale, Culture. Duke University Press.score: 30.0
Harold Garfinkel: Memorial Remarks, Recollections and Reflections Content Type Journal Article Pages 1-3 DOI 10.1007/s10746-012-9216-2 Authors Stacy Lee Burns, Loyola Marymount University, University Hall, One LMU Drive, Suite 4341, Los Angeles, CA 90045-2659, USA Journal Human Studies Online ISSN 1572-851X Print ISSN 0163-8548.
University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in (...) the USA, Germany, and Israel. Because moral reasons are expressed especially clearly in cases regarding obligations to provide military service, we focus on these. In spite of their important constitutional and judicial differences, the three states support military obligations along similar lines, though with some differences. In all three countries, appeal is made to obligations of reciprocity. Individuals must serve in order to provide the important benefit of defense. This `service conception' of political obligation accords norms of fairness or equality a central role, in order to justify the service of particular individuals. Reasons for less emphasis on fairness in Israeli cases are examined, while we claim that the overall similarities of the three countries provide some measure of indirect support to a theory of political obligation based on the principle of fairness. Key Words: political obligation • military service • fairness • principle of fairness • liberalism • state. (shrink)
James Stacy Taylor advances a thorough argument for the legalization of markets in current (live) human kidneys. The market is seemly the most abhorrent type of market, a market where the least well-off sell part of their body to the most well off. Though rigorously defended overall, his arguments concerning exploitation are thin. I examine a number of prominent bioethicists’ account of exploitation: most importantly, Ruth Sample’s exploitation as degradation. I do so in the context of Taylor’s argument, with (...) the aim of buttressing Taylor’s position that a regulated kidney market is morally allowable. I argue that Sample fails to provide normative grounds consistent with her claim that exploitation is wrong. I then reformulate her account for consistency and plausibility. Still, this seemingly more plausible view does not show that Taylor’s regulated kidney market is prohibitively exploitative of impoverished persons. I tack into place one more piece of support for Taylor’s conclusion. (shrink)
Evidence-Based Medicine (EBM) has now been part of the dominant medical paradigm for 15 years, and has been frequently debated and progressively modified. One question about EBM that has not yet been considered systematically, and is now particularly timely, is the question of the novelty, or otherwise, of the principles and practices of EBM. We argue that answering this question, and the related question of whether EBM-type principles and practices are unique to medicine, sheds new light on EBM and has (...) practical implications for those involved in all EBM. This is because one's answer to the question (whether explicit or implicit) affects the amount and type of funding and attention received by EBM, the extent to which EBM, and the generation, judgment and use of evidence more generally, can be appropriated by certain groups and questioned by others, and the extent to which truly unique socio-political developments in evidence, and in medicine more generally, are recognized and harnessed. (shrink)
Corporate Social Responsibility (CSR) programs are increasingly popular corporate marketing strategies. This paper argues that CSR programs can fall along a continuum between two endpoints: Institutionalized programs and Promotional programs. This classification is based on an exploratory study examining the variance of four responses from the consumer stakeholder group toward these two categories of CSR. Institutionalized CSR programs are argued to be most effective at increasing customer loyalty, enhancing attitude toward the company, and decreasing consumer skepticism. Promotional CSR programs are (...) argued to be more effective at generating purchase intent. Ethical and managerial implications of these preliminary findings are discussed. (shrink)
Evidence-Based Medicine (EBM) has now been part of the dominant medical paradigm for 15 years, and has been frequently debated and progressively modified. One question about EBM that has not yet been considered systematically, and is now particularly timely, is the question of the novelty, or otherwise, of the principles and practices of EBM. We argue that answering this question, and the related question of whether EBM-type principles and practices are unique to medicine, sheds new light on EBM and has (...) practical implications for those involved in all EBM. This is because one's answer to the question (whether explicit or implicit) affects the amount and type of funding and attention received by EBM, the extent to which EBM, and the generation, judgment and use of evidence more generally, can be appropriated by certain groups and questioned by others, and the extent to which truly unique socio-political developments in evidence, and in medicine more generally, are recognized and harnessed. (shrink)
This paper examines the intersection of technical law and common sense reasoning in small claims arbitration, a distinctive and increasingly prevalent kind of legal work. Following (Garfinkel, Ethnomethodology’s program: Working out Durkheim’s aphorism , 2002 ), the study explores the “reform of technical reason” and what a “just outcome” means by focusing on the arbitration of actual small claims cases and how technical-legal and non-technical/informal resources are brought into alignment to produce dispute resolution. The arbitrator elicits discussions that establish consensual (...) and commonplace formulations of “the case,” formulations that foreshadow its disposition as technical matters of law. The research demonstrates how formal structures of equity, evenhandedness, and decisions without bias have their production in vivo, and how a just and fair course becomes a “just outcome.”. (shrink)
This paper explores how scientific knowledge is used in a criminal case. I examine materials from an admissibility hearing in a murder trial and discuss the dynamics of contesting expert scientific opinion and evidence. The research finds that a purported form of “science” in the relevant scientific community is filtered through, tested by, and subjected to legal standards, conceptions, and procedures for determining admissibility. The paper details how the opposing lawyers, the expert witness, and the judge vie to contingently work (...) out what will count in court as appropriate scientific authority, methods and evidence, and as a scientifically valid and legally admissible account of “reasonable fear.” When science becomes enmeshed in legal controversies, science does not trump law. Rather, it is the court’s canons of proper procedure and measures of substantive adequacy that take precedence. (shrink)
Poetry illuminates the work of health care professionals well beyond procedure guidelines, clinic schedules or best practice policy. Poems and commentary from the perspective of a nurse, an emergency medical technician and two physicians are accompanied by an exploration of the meaning of work and the role of medical humanities.
OBJECTIVE: To apply component analysis, a structured approach to the ethical analysis of risks and potential benefits in research, to published emergency research using a waiver of/exception from informed consent. The hypothesis was that component analysis could be used with a high degree of interrater reliability, and that the vast majority of emergency research would comply with a minimal-risk threshold. METHODS: A Medline search and manual search were done to identify studies using a waiver of/exception from informed consent published between (...) July 1996 and December 2000. A review panel of physicians and bioethicists independently classified nontherapeutic procedures in each study as minimal risk, probably minimal risk, or probably more than minimal risk. RESULTS: Seventy studies using a waiver of/exception from informed consent were identified. A majority of reviewers classified nontherapeutic procedures in 62 studies (88.6%) as minimal risk. Reviewers classified nontherapeutic procedures in six studies (8.6%) as minimal risk or probably minimal risk. In two studies (2.9%), nontherapeutic procedures were classified as probably more than minimal risk. The intraclass correlation coefficient was 0.89 (95% CI = 0.85 to 0.93), indicating very high interrater reliability. CONCLUSIONS: Component analysis can be used with high reliability to review emergency research and may improve the consistency of institutional review board review of emergency research. The vast majority of published emergency research performed using a waiver of/exception from consent complies with a properly-applied minimal-risk threshold. A minimal-risk threshold for nontherapeutic procedures protects subjects better than current U.S. regulations while permitting important emergency research to continue. (shrink)
This paper explores gender barriers to the formation of the female mentor – male protégé relationship. The authors consider both physiological as well as social gender as a way to help understand the scarcity of these relationships. A number of gender-related factors are considered, including organizational demographics, relational demography, sexual liaisons, gender stereotypes, gender behaviors, and power dynamics. The paper concludes with directions for future research that will help provide further insights into the development and success of the female mentor (...) – male protégé relationship. (shrink)
Peer review of manuscripts for biomedical journals has become a subject of intense ethical debate. One of the most contentious issues is whether or not peer review should be anonymous. This study aimed to generate a rich, empirically-grounded understanding of the values held by journal editors and peer reviewers with a view to informing journal policy. Qualitative methods were used to carry out an inductive analysis of biomedical reviewers’ and editors’ values. Data was derived from in-depth, open-ended interviews with journal (...) editors and peer reviewers. Data was “read for” themes relevant to reviewer anonymisation and interactions among editors, reviewers, and authors. Editors and peer reviewers provided three arguments that would support a more open and interactive peer-review process. First, a number of participants emphasised the importance of not only ensuring the scientific quality of published research but also nurturing their colleagues and supporting their communities. Second, many spoke about the ongoing moral responsibilities that reviewers and editors felt toward authors. Finally, participants spoke at length about their enjoyment of social interactions and of the value of collective, rather than isolated, reasoning processes. Whether or not journal editors decide to allow anonymous review , the values of editors and reviewers need to be seriously addressed in codes of publication ethics, in the management of biomedical journals, and in the establishment of journal policies. (shrink)
This paper considers a much neglected, but distinctive and increasingly prevalent kind of mediation work: the mediation of large money damage cases by acting and former judges. The research finds that judicial mediation is a law-infused procedure different from forms of mediation in which the stuff of law and lawyers'' work is only marginally relevant, if at all. The study details how judge-mediators draw on their knowledge of the law, technically and as a matter of professional practice, to make legally (...) persuasive arguments that critically evaluate each side''s case and what is likely to occur at future points, adversely altering the litigants'' understanding of the risks and costs of failing to settle and thus facilitating dispute resolution. The study was developed and pursued as an ethnographic and ethnomethodological study of work. (shrink)
Maslow, A. A. Towards a humanistic biology.--Murphy, G. The inside and the outside of creativity.--Stacy, D. L. Art and human creativity.--Parnes, S. J. Creative potential and the educational experiment.--Laszlo, E. "Reverence for natural systems."--McInnis, N. Gestalt ecology.--Harman, W. H. Alternate futures and habitability.--Smith, R. A. Synergistic organizations.--Reiser, O. L. The cosmic lens, the galactic disc, and the archetypal holograms.--Smith, R. A. "Unibutz."--Stulman, J. Beyond crisis.
Statements about fictional characters, such as “Gregor Samsa has been changed into a beetle,” pose the problem of how we can say something true (or false) using empty names. I propose an original solution to this problem that construes such utterances as reports of the “prescriptions to imagine” generated by works of fiction. In particular, I argue that we should construe these utterances as specifying, not what we are supposed to imagine—the propositional object of the imagining—but how we are supposed (...) to imagine. Most other theories of thought and discourse about fictional characters either fail to capture the intentionality of our imaginings, or else obscure the differences between imaginings directed toward fictional characters and those directed toward real individuals. I argue that once we have an account of prescriptions to imagine about real individuals, we can adapt the same framework to specify the contents of prescriptions to imagine about fictional characters, and thereby to account for the truth (or falsity) of statements about fictional characters. (shrink)
Two assumptions are common in discussions of the paradox of tragedy: (1) that tragic pleasure requires that the work be fictional or, if non-fiction, then non-transparently represented; and (2) that tragic pleasure may be provoked by a wide variety of art forms. In opposition to (1) I argue that certain documentaries could produce tragic pleasure. This is not to say that any sad or painful documentary could do so. In considering which documentaries might be plausible candidates, I further argue, against (...) (2), that the scope of tragic pleasure is limited to works that possess certain thematic and narrative features. (shrink)
The currently standard approach to fiction is to define it in terms of imagination. I have argued elsewhere (Friend 2008) that no conception of imagining is sufficient to distinguish a response appropriate to fiction as opposed to non-fiction. In her contribution Kathleen Stock seeks to refute this objection by providing a more sophisticated account of the kind of propositional imagining prescribed by so-called ‘fictive utterances’. I argue that although Stock's proposal improves on other theories, it too fails to provide an (...) adequate criterion of fictionality. I conclude by sketching an alternative account according to which fiction is a genre. (shrink)
