Joseph Heath lumps in quotas and protectionist measures with cartelization, taking advantage of information asymmetries, seeking a monopoly position, and so on, as all instances of behavior that can lead to market failures in his market failures approach to business ethics. The problem is that this kind of rent and rent seeking, when they fail to deliver desirable outcomes, are better described as government failure. I suggest that this means we will have to expand Heath’s framework to a market and (...) government failures approach. I then try to defuse objections that as a government failure, rent seeking may not appear relevant to what managers ought to do. Solving this conceptual issue will also give us an excuse to revisit a separate conceptual issue: the normatively thick conception of “rent” and rent seeking behavior that some use. This normatively thick conception is problematic, I argue, and I offer the beginnings of a novel, normatively neutral conception that is useful for our purposes in making the ethics of rent and rent seeking behavior more than a merely trivial exercise. (shrink)

Semiotic objections to commodification hold that buying and selling certain goods and services is wrong because of what market exchange communicates or because it violates the meaning of certain goods, services, and relationships. We argue that such objections fail. The meaning of markets and of money is a contingent, socially constructed fact. Cultures often impute meaning to markets in harmful, socially destructive, or costly ways. Rather than semiotic objections giving us reason to judge certain markets as immoral, the usefulness of (...) certain markets gives us reason to judge certain semiotic codes as immoral. (shrink)

This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...) require strange metaphysical moves. The final Section raises further objections that are more significant because they cannot be squared with the labour view. (shrink)

It is often said that the Constitution does not interpret itself, that we are in need of a theory of interpretation for constitutions. This need has led to a flourishing literature on constitutional interpretation. Statutes, also, stand in need of a theory of interpretation, and that obvious need has led to a robust literature on that subject. What is said too infrequently is that Supreme Court rulings do not interpret themselves, that we are in need of a theory of interpretation (...) for rulings. In this essay, I assess the question of what is an appropriate doctrine of ruling interpretation by applying the arguments of the living constitutionalists to Supreme Court rulings. Contemporary proponents of a progressive doctrine of interpretation for constitutions—variously called the ‘living tree,’ ‘living force,’ or ‘living constitution’ doctrines of interpretation—appear to embrace two theses. The first thesis, which we can call the ‘progressive thesis,’ is the view that the Supreme Court ought to ensure that our highest laws are in compliance with contemporary values. The second thesis is the ‘doctrine of judicial supremacy’ which maintains that all lower judicial and non-judicial actors are to accept and adhere to the rulings of the Supreme Court.I argue that these two theses—the progressive thesis and the doctrine of judicial supremacy—are in tension with one another. Embracing the second thesis requires abandoning the first, while embracing the first thesis requires abandoning the second. Contemporary living constitutionalism, as defended by prominent advocates like Chief Justice Beverly McLachlin, Justice Ian Binnie, Australian Justice Michael Kirby, legal scholar Peter Hogg, and others, is incoherent. In the end, those who embrace the progressive thesis must rely on the claim that the Supreme Court ought to have a monopoly on the use of progressive interpretation, and that lower courts and non-judicial actors must use originalist methods for interpreting the text of Supreme Court rulings. To make this argument, the advocates of progressive constitutional interpretation must be advocates of originalism—not half-hearted supporters, but enthusiastic, full-on supporters, however much they may, elsewhere in their writings, condemn originalism as a practically-flawed, unworkable, or unenlightened method of interpretation. (shrink)

There is currently a stalemate over the correct approach to legal liability. To take a prominent example, it remains a point of contention whether land owners should be held liable for injuries to trespassers. Many of those who insist that land owners should be held liable for injuries to trespassers maintain this for purely economic or pragmatic reasons. In contrast, those on the other side frequently defend their view on the grounds that, in such trespass cases, owners are not morally (...) responsible for the injuries. We maintain that the best way forward for all parties in this debate is to recognize the existence of “morally responsible liability ”—of cases where owners qua owners are morally responsible for damages caused by their property. Once this is recognized, the debate can be framed in terms of whether there are economic or pragmatic reasons for legal liability to diverge from morally responsible liability. Unfortunately, there is no good account of morally responsible liability in the literature. Taking lessons from the failings of the few extant accounts, we draw on the work of A. M. Honoré and Jeremy Waldron to develop an account of our own. We argue that owners are morally responsible for damages caused by their property when and because their taking ownership of something leads to increased risk to others. We explain how and why such increases in risk come about, and how our account captures our intuitions concerning various cases, including those concerning injuries to trespassers. (shrink)

I argue that all that is relevant to appreciating art as art is the "abstract entity that is the work of art." The object of aesthetic contemplation, the bearer of aesthetic value, just is this abstract entity picked out by the sortal concept 'work of art,' which requires some vehicle but does not require the particular vehicle that is the original painting. Since this is so, the work of art is present in a visually-indistinguishable duplicate to the same extent and (...) to the same degree as it is in the original. To hedge my bets a little against those who are not persuaded by this strong claim, I also argue that, assuming there is a genuine value-relevant difference between an original and a duplicate, the duplicate could in principle share in or exceed the value of the original.. (shrink)

One of the most provocative projects in recent analytic philosophy has been the development of the doctrine of externalism, or, as it is often called, anti-individualism. While there is no agreement as to whether externalism is true or not, a number of recent investigations have begun to explore the question of what follows if it is true. One of the most interesting of these investigations thus far has been the question of whether externalism has consequences for the doctrine that we (...) have authoritative, a priori self-knowledge of our mental states. The selected works presented in this volume, some previously published, some new, are representative of this debate and open up new questions and issues for philosophical investigation, including the connection between externalism, self-knowledge, epistemic warrant, and memory. (shrink)

Introduction Over a hundred years separate the date of the birth of François VI, duc de La Rochefoucauld, from that of Luc de Clapiers, ...

Despite current moves in the UK to limit class sizes for young children in school, there is still a disturbing lack of research evidence on the effect of class size differences on pupils' educational progress and experience. Past research has concentrated on the effects on outcomes such as pupils' school attainments in basic areas. Much less is known about classroom processes that might mediate any such effects, though such knowledge is more useful for practice and policy. Drawing on a current (...) programme of research at the Institute of Education, University of London, this paper identifies five processes likely to be connected to class size : within class grouping practices, the nature and quality of teaching, pupil attention in class, pupil adjustment to school and effects on teachers' morale, stress and enthusiasm. Relevent research is reviewed, and in line with this research the paper concentrates on the primary school years. (shrink)

Despite current moves in the UK to limit class sizes for young children in school, there is still a disturbing lack of research evidence on the effect of class size differences on pupils' educational progress and experience. Past research has concentrated on the effects on outcomes such as pupils' school attainments in basic areas. Much less is known about classroom processes that might mediate any such effects, though such knowledge is more useful for practice and policy. Drawing on a current (...) programme of research at the Institute of Education, University of London, this paper identifies five processes likely to be connected to class size: within class grouping practices, the nature and quality of teaching, pupil attention in class, pupil adjustment to school and effects on teachers' morale, stress and enthusiasm. Relevent research is reviewed, and in line with this research the paper concentrates on the primary school years. (shrink)

Max 150 words. If possible, please submit your abstract in both English and French.When writing an assignment, most students start by searching for information online, which they integrate in their writing and conclude by producing a bibliography for the sources used. They use their informational, writing and referencing skills to do this as well as refer to their plagiarism knowledge to make sure their text is exempt from plagiarism. In this paper, we examined which skills and knowledge students feel the (...) need to further develop in university to prevent plagiarism in their assignments. Professors were also questioned as to their perceptions of their students’ skills development during their pre-university studies. Questionnaires were administered in six Quebec Universities to students (n = 1170) and professors (n = 279). Results show that students feel the need for more training while professors expect students to have already mastered the skills and knowledge to prevent plagiarism. Recommendations are made on how to implement better training for students through a program approach.Lors de la rédaction d’un devoir, la plupart des étudiants universitaires commencent par chercher des informations en ligne, qu’ils intègrent dans leur rédaction et terminent en produisant une bibliographie des sources utilisées. Ils utilisent leurs compétences informationnelles, rédactionnelles, et de référencement documentaire et se réfèrent à leurs connaissances en matière de plagiat pour s’assurer que leur texte en soit exempt. Dans cet article, nous avons examiné les compétences et les connaissances que les étudiants ressentent le besoin de développer davantage à l’université pour prévenir le plagiat dans leurs travaux. Les professeurs ont également été interrogés sur leur perception du développement des compétences de leurs étudiants durant leurs études pré-universitaires. Des questionnaires ont été administrés dans six universités québécoises à des étudiants (n = 1170) et à des professeurs (n = 279). Les résultats montrent que les étudiants ressentent le besoin d’une formation plus poussée alors que les professeurs s’attendent à ce que les étudiants maîtrisent déjà les compétences et les connaissances nécessaires pour prévenir le plagiat. Des recommandations sont formulées sur la façon de mettre en œuvre une meilleure formation pour les étudiants par le biais d’une approche-programme. (shrink)

May you sell your vote? May you sell your kidney? May gay men pay surrogates to bear them children? May spouses pay each other to watch the kids, do the dishes, or have sex? Should we allow the rich to genetically engineer gifted, beautiful children? Should we allow betting markets on terrorist attacks and natural disasters? Most people shudder at the thought. To put some goods and services for sale offends human dignity. If everything is commodified , then nothing is (...) sacred. The market corrodes our character. Or so most people say. In Markets without Limits , Jason Brennan and Peter Jaworski give markets a fair hearing. The market does not introduce wrongness where there was not any previously. Thus, the authors claim, the question of what rightfully may be bought and sold has a simple answer: if you may do it for free, you may do it for money. Contrary to the conservative consensus, they claim there are no inherent limits to what can be bought and sold, but only restrictions on how we buy and sell. (shrink)

In this paper we articulate and diagnose a previously unrecognized problem for theories of entitlement, what we call the Claims Conundrum. It applies to all entitlements that are originally generated by some claim-generating action, such as laboring, promising, or contract-signing. The Conundrum is spurred by the very plausible thought that a later claim to the object to which one is entitled is a function of whether that original claim-generating action is attributable to one. This is further assumed to depend on (...) one’s being identical to the person who performed the claim-generating action. But the right theory of personal identity for grounding these later claims proves quite elusive. In demonstrating both the Claims Conundrum and diagnosing its source, we begin with its instantiation in John Locke’s theories of personal identity and initial acquisition, and then we gradually expand its net to include both Lockean and non-Lockean theories of both, moving ultimately to show that this is a problem for most entitlements generally. We then diagnose the source of the trouble, showing that a basic assumption about the link between attributability and identity that most people take to be obvious is in fact false, clearing a path for future investigation into this overlooked but serious problem’s resolution. (shrink)

We aim to show anti-commodification theorists that their complaints about the scope of the market are exaggerated. There are we agree things that should not be bought and sold but that’s only because they are things people shouldn’t have or do or exchange in the first place. Beyond that we argue there are legitimate moral worries about how we buy trade and sell but no legitimate worries about what we buy trade and sell. In almost every interesting case where they (...) have argued markets are morally impermissible on the contrary we argue such markets are permissible. Where they see the market as having a fundamentally amoral ethos or as tending to corrupt us we see it as moral and morally ameliorative. Where they think the solution is to contract the market we think the solution is to expand it. (shrink)

Mark Cherry’s Kidney for Sale by Owner is a book that illustrates how to do applied ethics right. Mark Cherry recognizes the important role of empirical facts in bridging a gap between our moral prescriptions, and our public policy or institutional prescriptions. In Kidney for Sale by Owner this method is on full display. While there is nothing the matter with Ideal Theory, we stand in need of what might be called bridge principles between the ideals of justice and some (...) specific set of institutions that, we intend and hope, will actually realize those ideals. The bridge between Ideal and Actual will consist of empirical facts that require the tools of the social scientists. (shrink)

Mark Cherry’s Kidney for Sale by Owner is a book that illustrates how to do applied ethics right. Mark Cherry recognizes the important role of empirical facts in bridging a gap between our moral prescriptions, and our public policy or institutional prescriptions. In Kidney for Sale by Owner this method is on full display. While there is nothing the matter with Ideal Theory, we stand in need of what might be called bridge principles between the ideals of justice and some (...) specific set of institutions that, we intend and hope, will actually realize those ideals. The bridge between Ideal and Actual will consist of empirical facts that require the tools of the social scientists. (shrink)

This paper argues that gossip can be a central element in inducing cooperation. The underlying assumption here is that human beings value payoffs in most societies, and are willing to have less now for more in the future. This basic interaction is tempered through gossip - as our behavior now may affect our future interactions and subsequent payoffs. As such, reputation matters and plays a crucial role in inducing cooperation. In order for gossip to be an effective policing mechanism a (...) number of conditions must be met: namely, there must be an incentive for behavior and the behavior must be conducted in a credible manner. Herein lies the utility of charisma and perhaps problem, in inducing cooperation. (shrink)

James Stacey Taylor offers three interpretations of our thesis, and argues that only one of them goes through. His point is to clarify our view rather than critique our position. In this brief response, we argue that, upon further clarification, we could endorse at least one of the other interpretations, though as Taylor notes, we don’t need to for our book’s thesis to go through.

James Stacey Taylor offers three interpretations of our thesis, and argues that only one of them goes through. His point is to clarify our view rather than critique our position. In this brief response, we argue that, upon further clarification, we could endorse at least one of the other interpretations, though as Taylor notes, we don’t need to for our book’s thesis to go through.

NINE Morality and Prospection -- TEN Prospection Gone Awry: Depression -- ELEVEN Creativity and Aging: What We Can Make With What We Have Left -- Afterword -- Author Index -- Subject Index.

Jacob Sparks critiques our recent work on commodification by arguing that purchasing love indicates one has defective preferences. We argue A) it is possible to purchase these things without having defective preferences, B) Sparks has not shown that acting such defective preferences is morally wrong, C) that Sparks’ misunderstands the Brennan–Jaworski Thesis, and so has not produced a counterexample to it, and finally D) that when we examine the processes by which love is gifted, it is unclear whether these (...) processes should be preferred. (shrink)

Most contemporary models of disease development consider the interaction between genotype and environment as static. The authors argue that because time is a key factor in genotype–environment interaction, this approach oversimplifies the pathology analysis and may lead to wrong conclusions. In reviewing the field, the authors suggest that the history of genotype–environment interactions plays an important role in the development of diseases and that this history may be analyzed using the phenotype as a proxy. Furthermore, a theoretical and experimental framework (...) is proposed based on the assumption that phenotypes do not change from one to another randomly but are interconnected and follow certain phenotype trajectories. It then follows that analysis of such phenotype trajectories might be useful to predict the future phenotypes including the onset of disease. In addition, an analysis of phenotype trajectories can be subsequently used to choose better control subjects in comparative studies reducing noise and bias in studies investigating disease mechanisms. (shrink)

dialectical frameworks constitute a recent and powerful generalisation of Dung's argumentation frameworks, where the relationship between the arguments can be specified via Boolean formulas. Recent results have shown that this enhancement comes with the price of higher complexity compared to AFs. In fact, acceptance problems in the world of ADFs can be hard even for the third level of the polynomial hierarchy. In order to implement reasoning problems on ADFs, systems for quantified Boolean formulas thus are suitable engines to be (...) employed. In this paper we give complexity sensitive QBF encodings of ADF problems generalising recent work on QBFs for AF labellings. Our encodings provide a uniform and modular way of translating reasoning in ADFs to QBFs, that can be used as the basis for novel systems for ADF reasoning. (shrink)

Niels Bohr famously argued that a consistent understanding of quantum mechanics requires a new epistemic framework, which he named complementarity . This position asserts that even in the context of quantum theory, classical concepts must be used to understand and communicate measurement results. The apparent conflict between certain classical descriptions is avoided by recognizing that their application now crucially depends on the measurement context. ;Recently it has been argued that a new form of complementarity can provide a solution to the (...) so-called information loss paradox. Stephen Hawking argues that the evolution of black holes cannot be described by standard unitary quantum evolution, because such evolution always preserves information, while the evaporation of a black hole will imply that any information that fell into it is irrevocably lost---hence a "paradox." Some researchers in quantum gravity have argued that this paradox can be resolved if one interprets certain seemingly incompatible descriptions of events around black holes as instead being complementary. ;In this dissertation I assess the extent to which this black hole complementarity can be undergirded by Bohr's account of the limitations of classical concepts. I begin by offering an interpretation of Bohr's complementarity and the role that it plays in his philosophy of quantum theory. After clarifying the nature of classical concepts, I offer an account of the limitations these concepts face, and argue that Bohr's appeal to disturbance is best understood as referring to these conceptual limits. ;Following preparatory chapters on issues in quantum field theory and black hole mechanics, I offer an analysis of the information loss paradox and various responses to it. I consider the three most prominent accounts of black hole complementarity and argue that they fail to offer sufficient justification for the proposed incompatibility between descriptions. ;The lesson that emerges from this dissertation is that we have as much to learn from the limitations facing our scientific descriptions as we do from the successes they enjoy. Because all of our scientific theories offer at best limited, effective accounts of the world, an important part of our interpretive efforts will be assessing the borders of these domains of description. (shrink)

SummaryIn 1968, a prospective study was started in collaboration with the Family Planning Association to try to provide a balanced view of the beneficial and harmful effects of different methods of contraception. This investigation is now in progress at seventeen clinics and over 17,000 women are under observation. At the time of recruitment, all these women were married white British subjects, aged 25–39 years, who voluntarily agreed to participate. Fifty-six per cent were using oral contraceptives, 25% were using a diaphragm (...) and 19% were using an intrauterine device. During follow-up each woman is questioned at return visits to the clinic and a record of pregnancies and their outcome, hospital referrals, changes in contraceptive methods and the results of cervical smears, is accumulated. Women who default are sent a postal questionnaire and, if this is not returned, are telephoned or visited in their homes to collect the necessary information.So far, data obtained during 56,000 woman-years of observation are available for analysis. Follow-up has been maintained with an annual lapse rate of about 0.3%due to withdrawal of co-operation or loss of contact; adherence to the method of contraception in use at recruitment has been reasonably good, and the reporting of pregnancies and hospital admissions appears to have been both reliable and unbiased.The present data include only 24 deaths, so the mortality associated with different contraceptive methods cannot yet be estimated. With regard to morbidity, however, our preliminary results closely resemble those obtained in the prospective study carried out by the Royal College of General Practitioners and in the principal retrospective studies carried out in Britain and the United States. Women who used oral contraceptives at the start of the study experienced adeficiencyof hospital referrals for cancer, benign lesions of the breast, menstrual disorders other than amenorrhoea, duodenal ulcer, and retention cysts of the ovary; they showed anexcessof referrals for cerebrovascular disease, cervical erosion, skin disorders, self-poisoning, migraine, venous thrombosis and embolism, hayfever, gallbladder disease, amenorrhoea, and sterility. Women who used a diaphragm showed adeficiencyof hospital referrals for carcinoma-in-situ and dysplastic lesions of the cervix uteri and accidental injury; and anexcessof referrals for haemorrhoids and cystitis. Women who used an IUD experienced anexcessof hospital referrals for anaemia, varicose veins and salpingitis. About half of these differences were predicted from other studies while some suggestive evidence already existed for a further five. Of the remaining six, some probably reflect the influence of selective factors or chance.Multiple pregnancies, stillbirths, malformations, the sex ratio and birthweight showed no consistent relationship to method of contraception. The outcome of unplanned pregnancies occurring in women using an IUD, however, was remarkably unfavourable both in terms of ectopic gestation and miscarriage.Clear evidence was found of impairment of fertility after discontinuation of oral contraceptives. Whether this is likely to lead to permanent sterility in some women is uncertain.The study has provided data on the efficacy of a wide variety of contraceptive methods. In general the failure rates are in keeping with those obtained in other large-scale studies, save that those for the diaphragm and the sheath are much lower than those usually quoted.The available evidence does not yet allow a final balance to be struck between the benefits and risks associated with the new methods of contraception that have become widely used during the last two decades. It seems clear, however, that there are no material risks associated with the use of the diaphragm apart from the risk of pregnancy and that there may be some unintended benefits. (shrink)

This white paper outlines the plans of the History Philosophy Culture Working Group of the Next Generation Event Horizon Telescope Collaboration.

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM – whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part 1 of this article took up the first two questions. Part 2 took up the second two questions. Part 3 now deals with Questions 5 & 6. Question 5 confronts the issue of utility, whether the manual design of DSM-III and IV favors clinicians or researchers, and what that means for DSM-5. Our final question, Question 6, takes up a concluding issue, whether the acknowledged problems with the earlier DSMs warrants a significant overhaul of DSM-5 and future manuals. As in Parts 1 & 2 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)