Chapter Promising in Law and Morals Promissory and contractual obligations raise many issues of common interest to philosophers and lawyers. ...

Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...) -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

P S Wilson; Interests, Values and Educational Language, Journal of Philosophy of Education, Volume 10, Issue 1, 30 May 2006, Pages 147–166, https://doi.org/10.1.

The purpose of this study is to examine the relationship between the corporate social performance of an organization and three variables: the size of the organization, the financial performance of the organization, and the environmental performance of the organization. By empirically testing data from 1987 to 1992, the results of the study show that a firm's corporate social performance is indeed impacted by the size of the firm, the level of profitability of the firm, and the amount of pollution emissions (...) released by the firm. (shrink)

United States of America demographic profiles illustrate a nation rich in cultural and racial diversity. Approximately 29% of the population are minorities and demographic projections indicate an increase to 50% by the year 2050. This creates a highly mobile and constantly changing environment, revealing the need for new levels of cultural awareness and sensitivity. These issues are particularly critical in the medical community where medical professionals must understand the impact cultural differences and barriers can have on evaluation, treatment, and rehabilitation. (...) During times of stress, such as when injury strikes, problems associated with lack of cultural sensitivity are intensified. Cultural diversity is of particular concern when standard measures for diagnosis and prognosis are derived from established norms for responding, because culture defines norms. This paper details a ten point checklist designed to facilitate cultural awareness and sensitivity in medical settings to ensure maximum successful recovery and outcomes for all patients. (shrink)

Owen Flanagan is a highly prolific writer and speaker whose work brings together results of research in several empirical disciplines overlapping with philosophy, particularly neuroscience and other areas of psychology. This book of thirteen essays, most of them revisions of work published elsewhere, exhibits both his intellectual and his stylistic range. Many of the essays are light and chatty, others analytical and slower-going.

P S Wilson; Perspectives on Punishment—Reply to Pamela Moore, Journal of Philosophy of Education, Volume 8, Issue 1, 30 May 2006, Pages 103–134, https://doi.org.

The theory of mental models and its computer implementations have led to crucial experiments showing that no standard logic—the sentential calculus and all logics that include it—can underlie human reasoning. The theory replaces the logical concept of validity (the conclusion is true in all cases in which the premises are true) with necessity (conclusions describe no more than possibilities to which the premises refer). Many inferences are both necessary and valid. But experiments show that individuals make necessary inferences that are (...) invalid, e.g., Few people ate steak or sole; therefore, few people ate steak. Other crucial experiments show that individuals reject inferences that are not necessary but valid, e.g., He had the anesthetic or felt pain, but not both; therefore, he had the anesthetic or felt pain, or both. Nothing in logic can justify the rejection of a valid inference: a denial of its conclusion is inconsistent with its premises, and inconsistencies yield valid inferences of any conclusions whatsoever including the one denied. So inconsistencies are catastrophic in logic. In contrast, the model theory treats all inferences as defeasible (nonmonotonic), and inconsistencies have the null model, which yields only the null model in conjunction with any other premises. So inconsistences are local. Which allows truth values in natural languages to be much richer than those that occur in the semantics of standard logics; and individuals verify assertions on the basis of both facts and possibilities that did not occur. (shrink)

P S Wilson; Child-Centred Education, Journal of Philosophy of Education, Volume 3, Issue 1, 30 May 2006, Pages 105–126, https://doi.org/10.1111/j.1467-9752.1969.

P S Wilson; Interests and Educational Values, Journal of Philosophy of Education, Volume 8, Issue 2, 30 May 2006, Pages 181–199, https://doi.org/10.1111/j.1467-.

P S Wilson; Interests, Values and Educational Language, Journal of Philosophy of Education, Volume 10, Issue 1, 30 May 2006, Pages 147–166, https://doi.org/10.1.

Minorities who disagree with the “scientific consensus” must be allowed to air their viewsI will begin by discussing the example used in Schüklenk’s paper1 of the self proclaimed “HIV dissidents” and then discuss whether the recommendations made are useful and could be applied to other examples in science.Schüklenk’s primary concern according to his title is with the professional responsibilities of biomedical scientists engaging in public discourse. The example given is of the effect that self proclaimed HIV dissidents have had on (...) the provision of HIV related public health measures in South Africa. Fundamental to the example given is a distinction that both Schüklenk and indeed the general public often fail to make. It is important to recognise the difference between biomedical science and clinical practice. Science and medicine are two distinct fields, each with their own historically founded methods and purposes; they have had little in common with each other until relatively recently. Schüklenk confuses the two when he judges a scientific hypothesis by its clinical utility."It certainly seemed prudent to me at the time to give support to critics of a hypothesis, the pursuit of which had done little to bring those in need closer to life extending or life saving AIDS drugs."He later reconsiders his position on the basis of new clinical evidence."My own conversion to the mainstream view took place roughly when dissident predictions about AIDS deaths resulting from what they believed were highly poisonous drug cocktails—that is, triple therapy, did not occur, and when it became clear that actually the opposite was true; these drugs were at least life extending. I saw … ". (shrink)

Skene and Parker1 raise a number of concerns about religious doctrine unduly influencing law and public policy through amicus curiae contributions to civil litigations or direct lobbying of politicians. Oakley2 picks this up in the same issue with an emphasis on the Roman Catholic Church’s interest in preventing the destruction of embryos for embryonic stem cell research. Skene, Parker, and Oakley seem to be concerned mostly with religious views having undue influence on public policy. My concern is the negative effect (...) that such Church influenced public policy may have on the progress of the biomedical research that is itself foundational to the debate. Oakley seems to be particularly incensed that, as he puts it: “Those who support a total ban on embryonic stem cell research sometimes talk as if theirs are the only views based on moral principle”.2 What seems to be at issue here though are not the moral principles of the sanctity and dignity of human life, but the application of those moral principles to biomedical research.The Roman Catholic Church has historically defended the sanctity and dignity of human life to varying degrees at different times. Human life for much of the past 2000 years was defined by the Church as the presence of the soul, which was thought at different times to appear at various different stages during development. Only recently, with the advent of modern biology, has the Roman Catholic Church shifted its position to claim that the fertilised egg also qualifies as the right sort of human life.3 It should be noted that this doctrinal change was fundamentally driven by developments in our understanding of embryology and not the process of ensoulment.The Church’s current position on the embryo is thus based not solely on Church doctrine but also on …. (shrink)

Collection of essays around the work of H.L.A. Hart.

First Criticism of the Theory.—This is of the nature of an argumentum ad hominem. In the first place, It is surprising that so clever a man as Protagoras did not see that he proved more than he intended, for according to his theory not only are all men, the wise and the foolish, reduced to the same level, but on the plane of sentient experience it is just as true to say that a pig or a tadpole is the measure (...) of all things. (shrink)