This article begins with discussing challenges encountered while managing the epistemology of legal modes of thinking and social science, and the limits of relying on discipline-based methodologies for the advancement of empirical legal scholarship. In then discusses two approaches to empirical legal training employed in New York. Through this, it seeks to demonstrate the strengths of collaborative research with illustrations of a cross-national collaboration. Empirical research on law is a multi-method phenomenon. Ideally, empirical legal training means that students need and (...) can further foster a background in a broad range of social science methods and in a set of methods that can use triangulation or juxtaposition to capture the factors that explain law as a social phenomenon. (shrink)

This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2 explores the integration of global perspectives and information into our understanding of law. Increasingly, local experiences of law are informed by broader interactions of national, international, and global law. Lawyers, (...) judges, and other legal actors often have to respond to these broader contexts, while those pursuing justice in various global contexts must wrestle with the specific problems of translation that emerge when different concepts of law and local circumstances interact. Using empirical research, the authors in this path-breaking volume shed light on current developments in law at a global level. (shrink)

Simone de Beauvoir offers one of the most interesting philosophical accounts of childhood, and, as numerous scholars have argued, it is one of the most important contributions that she made to existentialism. Beauvoir stressed the importance of childhood on one's ability to assume one's freedom. This radically changed how freedom was construed for existentialism. Rather than positing an adult subjectivity that tries to flee freedom through bad faith, Beauvoir's account forces a recognition of a situated freedom that itself is also (...) developmentally achieved. In this article, I explore the influence of Jean-Jacques Rousseau on Beauvoir's discussion of childhood. By reading Beauvoir through Rousseau — who was one of her favorite authors — we see not just one but two accounts of childhood in Beauvoir's philosophical work. On the one hand is the idealistic childhood wherein the child is an apprentice to freedom. On the other is the constrained childhood whose product is apprenticed to the serious. I begin with a brief summary of Rousseau's Emile. Next, I offer some justification for reading Beauvoir alongside Rousseau before offering an account of Beauvoir's discussion of childhood. I end by exploring some of the implications of my reading for freedom. (shrink)

This self-contained introduction to natural language semantics addresses the majortheoretical questions in the field. The authors introduce the systematic study of linguistic meaningthrough a sequence of formal tools and their linguistic applications. Starting with propositionalconnectives and truth conditions, the book moves to quantification and binding, intensionality andtense, and so on. To set their approach in a broader perspective, the authors also explore theinteraction of meaning with context and use (the semantics-pragmatics interface) and address some ofthe foundational questions, especially in connection (...) with cognition in general. They also introducea few of the most accessible and interesting ideas from recent research to give the reader a bit ofthe flavor of current work in semantics. The organization of this new edition is modular; after theintroductory chapters, the remaining material can be covered in flexible order. The book presupposesno background in formal logic (an appendix introduces the basic notions of set theory) and only aminimal acquaintance with linguistics. This edition includes a substantial amount of completely newmaterial and has been not only updated but redesigned throughout to enhance itsuser-friendliness. (shrink)

What is the point of language? If we begin with that abstract question, we may be tempted towards a high-minded answer: “People say things to get other people to come to know things that they didn't know before” (Stalnaker, 2002, 703). The point is truth, knowledge, communication. If we begin with a concrete question, “What has language to do with race?” we find a different point: to attack, spread hatred, create racial hierarchy. The mere practice of racial categorization is controversial: (...) are race terms natural or social kind terms? What does categorization do to the categorized? (Outlaw, 1990; Omi and Winant, 1994; Appiah, 1996; Andreason, 1998; Kitcher, 1999; Zack, 2002; Haslanger, 2008; Glasgow, 2009). But there is worse than mere categorization to contend with. (shrink)

History and current affairs show that words matter - and change - because they are woven into our social and political lives. Words are weapons wielded by the powerful; they are also powerful tools for social resistance and for reimagining and reconfiguring social relations. Illustrated with topical examples, from racial slurs and sexual insults to preferred gender pronouns, from ethnic/racial group labels to presidential tweets, this book examines the social contexts which imbue words with potency. Exploring the role of language (...) in three broad categories - establishing social identities, navigating social landscapes, and debating social and linguistic change - Sally McConnell-Ginet invites readers to examine critically their own ideas about language and its complicated connections to social conflict and transformation. Concrete and timely examples vividly illustrate the feedback loop between words and the world, shedding light on how and why words can matter. (shrink)

Post–dualist philosophies of nursing acknowledge embodiment as a condition of human existence. Philosophical writing, however, remains abstract and disembodied. A philosophical framework that embraces embodiment needs to recover the materiality of language; its text needs to include language that is not only rational and clear but sensuous and ambiguous. I describe three cultural narratives of women's embodiment and compare them with an imaginative narrative, a nurse's poem about women in labour. I propose, not that philosophers become poets, but that they (...) abandon a dualist position in which language is either literal or metaphorical, adopting instead the poet's approach in which any word or object has unlimited meanings. I argue that, without fixed reference points, language embodies rather than escapes contingency. Finally, I discuss two forms of philosophical writing – irony and motet – that savour contingency, illustrating philosophy as endless redescription, aiming not for finality but for the grace of a dancer's deliberate fall. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

ABSTRACT:We combine prior research on ethical decision-making in organizations with a rational choice theory of corporate crime from criminology to develop a model of corporate offending that is tested with a sample of U.S. managers. Despite demands for increased sanctioning of corporate offenders, we find that the threat of legal action does not directly affect the likelihood of misconduct. Managers’ evaluations of the ethics of the act, measured using a multidimensional ethics scale, have a significant effect, as do outcome expectancies (...) that result from being associated with the misconduct but not facing formal sanctions. The threat of formal sanctions appears to operate indirectly, influencing ethical evaluations and outcome expectancies. Obedience to authority also affects illegal intentions, with managers reporting higher prospective offending when they are ordered to engage in misconduct by a supervisor. (shrink)

Nursing practice in correctional settings is ethically unique. Its premise is the contradiction between causing harm (the purpose of imprisonment) and acting for patients’ good (the purpose of health care). I describe three ethical regions in which correctional nurses can practise, based on different philosophies: punishment as retribution, as rationality, and as paradox. Retribution and rationality resolve the ethical contradiction by relegating offenders to intractable otherness. Restorative nursing based on paradox is an oppositional practice that preserves the contradiction, making engagement (...) possible between prisoner and nurse. Endorsement by nursing of one of the three philosophies of punishment could redefine care for the entire profession. (shrink)

We combine prior research on ethical decision-making in organizations with a rational choice theory of corporate crime from criminology to develop a model of corporate offending that is tested with a sample of U.S. managers. Despite demands for increased sanctioning of corporate offenders, we find that the threat of legal action does not directly affect the likelihood of misconduct. Managers’ evaluations of the ethics of the act, measured using a multidimensional ethics scale, have a significant effect, as do outcome expectancies (...) that result from being associated with the misconduct but not facing formal sanctions. The threat of formalsanctions appears to operate indirectly, influencing ethical evaluations and outcome expectancies. Obedience to authority also affects illegal intentions, with managers reporting higher prospective offending when they are ordered to engage in misconduct by a supervisor. (shrink)

The unity with others in collective action to achieve a particular goal, known as political solidarity, transforms the individual. I examine the dual nature of that personal transformation — the motivational transformation and the normative transformation — and offer a study of the relation between political solidarity and empathy. While empathy may be part of the normative transformation, I argue that it is not a necessary element of the motivational transformation. I conclude with a discussion of epistemic empathy.

Most clinicians and mental health practitioners are reluctant to work with people with dangerous and severe personality disorders because they believe there is nothing that mental health services can offer. Dangerous and severe personality disorder also signals a diagnosis which is problematic morally. Moral philosophy has not found an adequate way of dealing with personality disorders. This paper explores the question: What makes a person morally responsible for his actions and what is a legitimate mitigating factor? How do psychiatric nurses (...) working with this client group understand the awful things some clients do? What concepts do they need, if they are to know how to explain and how to react? It is suggested that dangerous and severe personality disorder is best regarded as a moral category, framed in terms of goodness, badness, obligation and other ethical concepts. It seems plausible that in important ways the dangerous and severe personality disordered client does not understand morality or understands it differently. The peculiar position of the dangerous and severe personality disordered individual in our system of moral responsibility stems from his apparent inability to see the importance of the interests of others. It might be more helpful to regard personality disordered clients as we do children: partially but not fully reasonable for their actions. We might regard the dangerous and severe personality disordered client responsible for those actions which he most clearly understands, such as causing others physical pain, but not for those with which he is only superficially engaged, such as causing emotional pain. The paper concludes by suggesting that the dangerous and severe personality disordered individual does not fit easily into any conventional moral category, be it criminal, patient, animal or child, and thus an assessment of his moral accountability must take into consideration his special circumstances. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.1 (2004) 107-108 [Access article in PDF] H. H. M. van Lieshout. The Making of Pierre Bayle's Dictionaire Historique et Critique: With a CD-ROM containing the Dictionaire's library and references between articles. Translated by Lynne Richards. Amsterdam and Utrecht: APA-Holland University Press, 2001. Pp. xxiv + 339. Cloth, + 58,00. Bayle's Dictionaire Historique et Critique was published in 1697 in Rotterdam with a (...) second edition appearing in 1702. In this journal there should be no need to point out that Bayle (1647-1706) was by vocation a professor of philosophy. His courses were divided into logic, ethics, physics, and metaphysics and their emphasis was upon science and the methods appropriate to its pursuit. That is to say that Bayle's students received a grounding in the post-Cartesian philosophy syllabus that had spread throughout continental Europe in the second half of the seventeenth century. Indeed, that Bayle was no dilettante was evidenced by the fact that before embarking on the Dictionaire in 1692, he had published various monographs on natural philosophy and works of public criticism in the skeptical/rationalist tradition. The French thinker, furthermore, despite his success as an encyclopaedist, returned increasingly in the years from 1697-1706 to his first calling as a critical philosopher. [End Page 107]Nevertheless from his student days Bayle loved books for their own sake, a passion which in due course came to support his first literary enterprise, the journal of books Nouvelles de la République des Lettres (1684). As author of the Dictionaire, he attracted attention from scholars in many disciplines. This study addresses therefore the general scholar rather than the historian of philosophy, for the Dictionaire did indeed become an indispensable work of reference for lexicographers, as well as for the encyclopaedists, the philosophes, the historians, the economists, the physiocrats, the satirists, the poets, and the reformers throughout the eighteenth century and on both sides of the Atlantic. Bound within four in-folio volumes, its second edition consisted of some seventeen hundred bio-bibliographical articles rigorously annotated and devoted to the ideas of authors in print, profane and sacred.Yet how could one author, it has often been asked, have produced in a mere five years so monumental a work? The Dutch scholar Leny Van Lieshout, already author of works of distinction about Bayle, has sought to answer this question and has done so with a rigor that equals that of Bayle himself. To assist her analysis she has compiled a bibliography of all the sources cited in the text of the Dictionaire itself. She has then matched this source, which she describes as a "library for learned Europe" (177), with Bayle's prodigious and lifelong correspondence about books with an ever-expanding network of friends and associates.With such tools at her elbow, Dr. Van Lieshout has been able to throw new light on many questions about the making of the Dictionaire. For example, how far did Bayle consider his method to be a model for the sort of reference book appropriate to a post-theological culture which today we call a plural age? His medium was indeed part of the message insofar as he sought to separate fact from comment, to cite relevant evidence, and to invoke many classical and heterodox sources whether or not they might offend an apologist for Christian doctrine. And how far did Bayle's own life really lie "only in his writings" (150) as Voltaire suggested, implying that Bayle could not have achieved so much had he not been a dry Huguenot recluse who knew little or nothing of the real world? The two questions are shown to be connected. In respect of the first, Dr. Van Lieshout observes that through the very structure of the Dictionaire Bayle seeks to assert that the political authority of the Church, following the breakdown of former Catholic Christendom, had ceased to be appropriate to the pursuit of scientific... (shrink)

This article explores how neutralisation can explain people's lack of commitment to buying Fair Trade products, even when they identify FT as an ethical concern. It examines the theoretical tenets of neutralisation theory and critically assesses its applicability to the purchase of FT products. Exploratory research provides illustrative examples of neutralisation techniques being used in the FT consumer context. A conceptual framework and research propositions delineate the role of neutralisation in explaining the attitude-behaviour discrepancies evident in relation to consumers' FT (...) purchase behaviour, providing direction for further research that will generate new knowledge of consumers' FT purchase behaviour and other aspects of ethical consumer behaviour. (shrink)

:This article considers recent ethical topics relating to medical AI. After a general discussion of recent medical AI innovations, and a more analytic look at related ethical issues such as data privacy, physician dependency on poorly understood AI helpware, bias in data used to create algorithms post-GDPR, and changes to the patient–physician relationship, the article examines the issue of so-called robot doctors. Whereas the so-called democratization of healthcare due to health wearables and increased access to medical information might suggest a (...) positive shift in the patient-physician relationship, the physician’s ‘need to care’ might be irreplaceable, and robot healthcare workers might be seen as contributing to dehumanized healthcare practices. (shrink)

Causal modelling provides a powerful set of tools for identifying causal structure from observed correlations. It is well known that such techniques fail for quantum systems, unless one introduces 'spooky' hidden mechanisms. Whether one can produce a genuinely quantum framework in order to discover causal structure remains an open question. Here we introduce a new framework for quantum causal modelling that allows for the discovery of causal structure. We define quantum analogues for core features of classical causal modelling techniques, including (...) the causal Markov condition and faithfulness. Based on the process matrix formalism, this framework naturally extends to generalised structures with indefinite causal order. (shrink)

With the advent of legalized medical assistance in dying [MAiD] in Canada in 2016, nursing is facing intriguing new ethical and theoretical challenges. Among them is the concept of conscientious objection, which was built into the legislation as a safeguard to protect the rights of healthcare workers who feel they cannot participate in something that feels morally or ethically wrong. In this paper, we consider the ethical complexity that characterizes nurses' participation in MAiD and propose strategies to support nurses' moral (...) reflection and imagination as they seek to make sense of their decision to participate or not. Deconstructing the multiple and sometimes conflicting ethical and professional obligations inherent in nursing in such a context, we consider ways in which nurses can sustain their role as critically reflective moral agents within a context of a relational practice, serving the diverse needs of patients, families, and communities, as Canadian society continues to evolve within this new way of engaging with matters of living and dying. (shrink)

A total of 378 mathematics undergraduates (selected for being strong at “systemizing”) and 414 students in other (control) disciplines at Cambridge University were surveyed with two questions: (1) Do you have a diagnosed autism spectrum condition? (2) How many relatives in your immediate family have a diagnosed autism spectrum condition? Results showed seven cases of autism in the math group (or 1.85%) vs one case of autism in the control group (or 0.24%), a ninefold difference that is significant. Controlling for (...) sex and general population sampling, this represents a three- to sevenfold increase for autism spectrum conditions among the mathematicians. There were 7 of 1,405 (or 0.5%) cases of autism in the immediate families of the math group vs 2 of 1,669 (or 0.1%) cases in the immediate families of the control group, which again is a significant difference. These results confirm a link between autism and systemizing, and they suggest this link is genetic given the association between autism and first-degree relatives of mathematicians. (shrink)

BackgroundMoral distress (MD) is an emotional and psychological response to morally challenging dilemmas. Moral distress is experienced frequently by nurses in the intensive care unit (ICU) and can result in emotional anguish, work dissatisfaction, poor patient outcomes, and high levels of nurse turnover. Opportunities to discuss ethically challenging situations may lessen MD and its associated sequela.ObjectiveThe purpose of this project was to develop, implement, and evaluate the impact of nursing ethics huddles on participants’ MD, clinical ethics knowledge, work satisfaction, and (...) patient care among ICU nurses.Sample and SettingThe sample, 32 nurses from three ICU settings in an 800-bed tertiary academic medical center, participated in six nursing ethics huddles over a two-month period.MethodsAlvita K. Nathaniel’s Theory of Moral Reckoning guided development of the nursing ethics huddle process.1 The Moral Distress Thermometer was administered at three data points: baseline level of MD, and pre- and post-huddle to determine changes in the subjects’ level of MD.2 Focused content analysis was used to analyze qualitative responses from questionnaires about the subjects’ perception of the effect of the huddles on work satisfaction and patient care. Knowledge attainment was evaluated via open-ended short-answer questions.ResultsOverall, use of nurse-ethicist-led nursing ethics huddles was associated with improved quality of work life, patient care, and clinical ethics knowledge. The change in pre- and post-nursing ethics huddles MD scores was statistically significant (p < 0.0001). (shrink)

We recognize a paradox of power and promise in the context of legislative and organizational changes in nurse regulation which poses constraints on nursing's capacity to bring voice and influence to pressing matters of healthcare and public policy. The profession is at an important crossroads wherein leaders must be well informed in political, economic and legislative trends to harness the profession's power while also navigating forces that may put at risk its central mission to serve society. We present a critical (...) policy analysis of the impact of recent regulatory trends on what the International Council of Nurses considers nursing's three ‘pillars’ – the profession of nursing, socioeconomic welfare of nurses and nurse regulation. Themes surfacing from this analysis include regulatory discontinuity, a tightening of regulatory control, and an increasingly managerial governance culture. These themes illuminate insights and strategies required to renew and revitalize the social mandate of our profession amidst a climate of urgency in the questioning of nurse scholars with respect to the future of the profession. At this historic juncture, nurses must clearly understand the implications of legislative and organizational regulatory changes to ensure the profession contributes to full capacity in achieving health and health equity globally. (shrink)