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)

In a thoughtful paper, Peter Martin Jaworski has written, “The debate over originals, authenticity, fakes, duplicates, and forgery got its start in the mid-60s and then continued until the ‘80s.”Peter Martin Jaworski. “In Defense of Fakes and Artistic Treason: Why Visually-Indistinguishable Duplicates Are as Good as the Originals.” Journal of Value Inquiry (2013), pp. 391–405. Quotation at p. 392. The debate, at least insofar as I participated in it, questioned whether original paintings and forgeries (...) were sufficiently alike – sufficiently the same kinds of things – that as a general rule the same qualities could be predicated of them. I and others argued they were not. To know the qualities of a painting, to make sense of the many often conflicting interpretations critics may offer of the same canvass, one must as a first step know what kind of painting it is. The relevant qualities of a painting, call them “artistic” or “aesthetic” or “stylistic” or whatever, are predicated of them i .. (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)

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)

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

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)

In several works, Jason Brennan and Peter Martin Jaworski defend the following thesis: If it is permissible to have, use, or exchange something for free, then it is permissible to have, use, or exchange that thing for money. In this paper, I argue that No Limits is false. Moreover, the reasons why it is false reflect many of the complaints made against markets. The paper will proceed as follows: In §1, I summarize Brennan and Jaworski’s position (...) to clarify exactly what a challenge to No Limits requires. In §2, I raise just such a challenge, one which also captures the concern behind some “semiotic objections.” In §3, I offer a modification to No Limits that avoids my objection but, as a result, re-opens the question of whether markets in some of the goods Brennan and Jaworski discuss are permissible. I conclude in §4 by considering a possible response and some thoughts on the dialectic as it stands. (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)

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)

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)

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)

Sleep spindles are frequently studied for their relationship with state and trait cognitive variables, and they are thought to play an important role in sleep-related memory consolidation. Due to their frequent occurrence in NREM sleep, the detection of sleep spindles is only feasible using automatic algorithms, of which a large number is available. We compared subject averages of the spindle parameters computed by a fixed frequency (11-13 Hz for slow spindles, 13-15 Hz for fast spindles) automatic detection algorithm and the (...) individual adjustment method (IAM), which uses individual frequency bands for sleep spindle detection. Fast spindle duration and amplitude are strongly correlated in the two algorithms, but there is little overlap in fast spindle density and slow spindle parameters in general. The agreement between fixed and manually determined sleep spindle frequencies is limited, especially in case of slow spindles. This is the most likely reason for the poor agreement between the two detection methods in case of slow spindle parameters. Our results suggest that while various algorithms may reliably detect fast spindles, a more sophisticated algorithm primed to individual spindle frequencies is necessary for the detection of slow spindles as well as individual variations in the number of spindles in general. (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.

CASUS is an authoring system, which should enable physicians to produce problem-based computer learning programs with minimal technical effort and give them sound instructional support. The theoretical background of CASUS are constructivist approaches to learning and instruction, which deal mainly with the question, how to design problem-based learning environments. The paper presents the constructivist concept of CASUS and results of a forma-tive evaluation. Four authors were observed and interviewed while developing a learning case with CASUS. The evaluation pursued mainly the (...) question of which difficulties arise while producing a case with CASUS and which measures are necessary in order to improve the authoring system. Results show that with regard to technical aspects physicians can produce learning cases even without any special prior knowledge. There were far more problems with instructional aspects of the production of cases. Most of these difficulties were very specific to the content of the cases. Therefore, it seems that an appropriate way to design learning cases with high quality, is a cooperation between some authors with different expertise. (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)

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

From its very beginning, Pope Francis’s Petrine ministry has been full of surprises and he has been a man of contradictions. He has given hope to many, Christians, other believers, and secular humanists, especially with his pastoral approach of mercy, but he has also met with fierce opposition, even among the upper echelon of the hierarchy, some of whom have publicly attacked his orthodoxy and called for his resignation. In his teachings on evangelization, marriage and sexuality, ecology, and social friendship, (...) Francis has opened new paths and challenged the church to make visible the merciful face of God to the world.On interreligious dialogue, the pope, as to be expected, has largely reiterated the teachings of Vatican II and so far has not issued an apostolic exhortation or encyclical on the subject. Consistent with his pastoral outlook he has emphasized the socio-political and cultural aspects of interreligious dialogue and has largely avoided still controverted doctrinal issues. On the other hand, his friendship with many non-Christian leaders and his several obiter dicta have enlarged the interreligious horizon and opened the door for further explorations in the theology of religion and the scope of the interreligious encounter. His explicit acknowledgment of non-Christian religions as “channels” of the Holy Spirit hints at their role as ways of salvation not only for their adherents but also in certain ways for Christians. Furthermore, the four principles of Francisian metaphysics suggest novel and effective ways of conducting interreligious dialogue. (shrink)