Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

The aim of this article is to analyse the internal mechanisms of corporate governance (board of directors and ownership structure), which influence voluntary disclosure of intangibles. The results appear to corroborate the view that an increase in institutional investor shareholding has a negative effect on voluntary disclosure, supporting the hypothesis of entrenchment, whereas an excessive ownership by institutional investors may have adverse effects on strategic disclosure decisions. The results also indicate that an increase in the number of members of the (...) board to up to 15 has a beneficial effect on the disclosure of intangibles. However, as this number increases, the effect inverts and becomes adverse to improving the capacity for supervision and control in the decision-making process regarding the voluntary disclosure of intangibles. The findings endorse the recommendation of the most of the Corporate Governance Codes regarding an advisable maximum of 15 members on a board to ensure its effectiveness and internal cohesion. (shrink)

This article aims to compare the national legal systems that regulate biomedical research in an industrialized country (United States) and a developing country (Venezuela). A new international order is emerging in which Europe, Japan and the United States (US) are revising common guidelines and harmonizing standards. In this article, we analyze – as an example – the US system. This system is controlled by a federal agency structured to regulate research funded by the federal government uniformly, either in the US (...) or abroad. In contrast, in Venezuela, a developing country, the creation of a centralized system is a slow process. Different types of ethical committees review research projects using non-uniform criteria. Consequently, various parallel organizations that conduct biomedical research, such as universities, research institutes and private hospitals have diverse regulations operating at a local level. Thus, the most relevant difference between the Venezuelan and the US systems is the degree of standardization. In the US, the review process is performed by institutional review boards (IRBs), which have a similar organization and maintain relationships with a centralized agency, following standard regulations. Although new proposals for establishing national regulations are currently being considered in Venezuela, the success of these initiatives will depend on promoting governmental efforts to create a more structured centralized system supported by a national regulatory framework. This system will need governmental financial support at all levels. This article proposes an integrated system to regulate research with human participants in Venezuela and other developing countries. (shrink)

Mistakes and errors happen in most spheres of human life and activity, including in medicine. A mistake can be as simple and benign as the collection of an extra and unnecessary urine sample. Or a mistake can cause serious but reversible harm, such as an overdose of insulin in a patient with diabetes, resulting in hypoglycemia, seizures, and coma. Or a mistake can result in serious and permanent damage for the patient, such as the failure to consider epiglottitis in an (...) initial differential diagnosis, resulting in a chronic vegetative state for a seven-year-old boy. Or a mistake can be an error in judgment that leads to a patient's death. (shrink)

This study investigated gender-related differences in ethical attitudes of 318 graduate and undergraduate business students. Significant differences were observed in male and female responses to questions concerning ethics in social and personal relationships. No differences were noted for survey items concerning rules-based obligations. Implications for future management are discussed.

Spinoza's avowed aim is to discover and present the essential stages in achieving the life of human blessedness. The most important element in this progression is knowledge, of one's own nature as man, and of one's place in the universe. Utility as opposed to truth of belief will not serve Spinoza's purpose. Spinoza assumes the unity of the human individual without question, and it is doubtful whether this assumption is justified on his own principles. The concept of the human individual (...) is examined first as a system of modifications of substance under the attributes of extension and thought, then as enduring and finally as an agent. The conclusion is reached that unity and self?identity are illusions, but the question then arises: Who or what could be under such illusions ? The possibility of false claims to self?identity is examined and found to be difficult to accept. Nevertheless, if Spinoza is taken as speaking suitably at varying levels of discourse, he has enlightening things to say about the human person, even though from one point of view his enterprise may be seen as self?stultifying. (shrink)

This series will include monographs and collections of studies devoted to the investigation and exploration of knowledge, information, and data-processing systems of all kinds, no matter whether human, (other) animal, or machine. Its scope is intended to span the full range of interests from classical problems in the philosophy of mind and philosophical psychology through issues in cognitive psychology and sociobiology (concerning the mental capabilities of other species) to ideas related to artificial intelligence and computer science. While primary emphasis will (...) be placed upon theoretical, conceptual, and epistemological aspects of these problems and domains, empirical, experimental, and methodological studies will also appear from time to time. While most philosophers and psychologists tend to believe that the rise of cognitive psychology has occurred concomitant with the decline of operant psychology, Terry L. Smith contends that nothing could be further from the truth. He maintains that operant psychology has discovered (and continues to discover) reasonably well-confirmed causal principles of intentional behavior, which go beyond what cognitive psychology can provide, while cognitive psychology, in tum, has the potential to supply analyses (and explanations) that account for them. Smith thus advances a surprising but nonetheless illuminating perspective for appreciating the place of operant conditioning within the discipline of psychology in this rich and fascinating work. J. H. F. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Implicit Soul of Charlie Kaufman's AdaptationDavid L. SmithI don't know what else there is to write about other than being human, or, more specifically, being this human. I have no alternative. Everything is about that, right? Unless it's about flowers.—Charlie Kaufman 1There are some things that cannot be observed directly, even in principle: a single quark, the present moment, ones own eye. What Richard Rodriquez calls the "one (...) subject" of literature—"What it feels like to be alive" 2 —is perhaps another one of those things. A writer struggles to be true to something central about life—to catch it on the fly, to get it right. Some have reified this "something" as "the soul" or "the human spirit." Today, though, we mainly rely on placeholders: "it," for example, as in "do you get it?" or "what's it all about?"—a usage that flirts with the vanishing "it" of "it is raining," implying a source or substance behind phenomena in which we do not really believe but without which we cannot do justice to experience. In any case, the writer's attempt to represent this elusive heart of things is typically frustrated, done in by the slipperiness of words, the cludginess of the conventions of communication, and the waywardness of the imagination. Writing inevitably falls short of its deepest aims.Nevertheless, there is something deviously affirmative in this state of affairs. For if life is a thing that refuses to be observed, then isn't the very failure of literature, if consciously acknowledged, a way of staying true to it? Isn't the writer's disappointment an especially telling feature of "what it feels like to be alive?" Emerson, more clearly than most, understood how this trick is turned: "We grant that human life is [End Page 424] mean; but how did we find out that it was mean? What is the ground of this uneasiness of ours; of this old discontent? What is the universal sense of want and ignorance, but the fine innuendo by which the soul makes its enormous claim?" 3 As noted above, "the soul" is a disposable term here. If you prefer, say simply "the human," "life," or "it." The point, in any case, is that the elusive subject which cannot be stated or represented directly may nevertheless be implied. If the human cannot be caught in a formula, it may be embodied or enacted in the ongoing work of creation.Charlie Kaufman's Adaptation is both an argument for and an example of this implicit realization of the human in art. Many viewers and even reviewers might see it as a poor candidate for humanistic interpretation along these lines. Most, in fact, have seen the film as little more than a clever postmodern puzzle-box, albeit one with great acting, deft direction, and a generous sense of humor. Its theme, after all, is the representation of representation. A book is being rewritten or adapted to become the film we are watching. The subject of that film is its own author's struggle to create it. The film further calls attention to its own artificiality by changing the rules of representation on us midway through. Its tone, style, and basic genre conventions shift when the author/protagonist begins to rethink his original purposes, undermining the credibility of all representational schemes in the process. Adaptation, in short, seems to be what the graduate-educated a decade ago might have felt comfortable calling "an endless play of simulacra," a text absorbed in its own textuality, a snake that eats its own tail. 4All of this is true enough, but it is not the whole story. The point of Adaptation, I will argue, is not simply the pleasure it takes in playing with issues of representation, but its clear sense of the human issues at stake in that play. Adaptation, that is, is not only about the way words tend to float free of the world. Rather, it is also a demonstration of the way a writer's basic goal can survive the wreck of her intentions, or the way that failed attempts to be true to life... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.2 (2003) 172-176 [Access article in PDF] The Rhetorical Imagination of Kenneth Burke. Studies in Rhetoric/Communication. Ross Wolin. Series ed. Thomas W. Benson. Columbia, SC: University of South Carolina Press, 2001. Pp. xviii + 256. $34.95, cloth. Ross Wolin's The Rhetorical Imagination of Kenneth Burke offers its readers an interesting mix of intellectual history and conceptual explication, along with an element of biography, which Wolin performs (...) in an effort to trace the movements of Burke's thought as it developed over time within particular socio-political circumstances. The book is divided into three parts, each corresponding to Wolin's three-part division of Burke's intellectual [End Page 172] career. Part I, "Towards a Better Life through Art, Criticism and Politics," begins with a chapter on Burke's formation as a critic in the bohemian, avant-garde culture of post-World War I Greenwich Village. Wolin offers an account of how the dynamics of this social milieu prompted Burke to incorporate politics into his already established aesthetic interests, and of this fusion's manifestation in left-leaning periodicals of the time. While some might be tempted to see this first chapter as having limited value in comparison to Jack Selzer's richly detailed Kenneth Burke in Greenwich Village : Conversing with the Moderns, 1915-1931, it should be noted that Wolin does a fine job of helping his readers—in chapter one and those which follow—to understand explicitly how specific contexts shaped Burke's ideas and his rhetoric (something that Selzer's book does not do). Wolin is particularly adept at showing how, for Burke, there is an inextricable link between aesthetics, rhetoric, politics, and social life in general. This aesthetic-rhetorical connection to politics and life, argues Wolin, is key to understanding all of Burke's work. According to Wolin, equally important is how this connection informed the essays that comprised Burke's Counter-Statement, which Wolin sees as the seed from which all of Burke's theoretical and critical writings grew. For Wolin, to understand Burke one must understand Counter-Statement, and understand it within the historical circumstances that prompted and shaped its concepts and their rhetorical presentation.Chapter two is thus devoted to a discussion of the significance of Counter-Statement within Burke's oeuvre. It is in Counter-Statement, Wolin contends, that one can discern not only the fundaments of Burke's later work but also the "Critics Credo" that organized Burke's rhetorical efforts from Permanence and Change to The Rhetoric of Religion. Wolin's attempt to demonstrate the operation of this credo in all of Burke's books as an organizing principle pushes the limits of credulity at times, but readers should not let this obscure the insight Wolin offers us into Burke's responses to and interventions in early twentieth-century intellectual culture. Chapters three, four, and five comprise Part II of Wolin's book, "The Tactics of Conflict and Cooperation," which discusses in succession the three books that followed Counter-Statement chronologically: Permanence and Change, Attitudes Towards History, and The Philosophy of Literary Form. In these chapters, Wolin makes numerous interesting and novel points about Burke's thought. In the chapter on Permanence and Change, for example, Wolin highlights the conception of ethics implicit in that work, one that has its roots in poetics (particularly tragedy) and which refuses "to supplant traditional [End Page 173] ethics with another system [that is] equally fixed" (77). Although he does not state this, implicit in Wolin's reading is the suggestion that within Burke's work lies an alternative to the neo-Aristotelian virtue ethics and Habermasian universal pragmatics so many rhetorical scholars seem to embrace when theorizing a rhetorical ethics. (A "dramatistic" ethics of discourse and public life is, I think, an untapped potential of Burke's work.) Part III, "The Tactics of Motivation," offers similarly insightful and contextualized readings of A Grammar of Motives, A Rhetoric of Motives, The Rhetoric of Religion, and Language as Symbolic Action. Particularly interesting is Wolin's discussion in chapter seven of the importance of style... (shrink)

In Powers of Horror,1 the psychoanalyst Julia Kristeva presented the first explicit, elaborated theory of ‘abjection,’ which she defines as the casting off of that which is not of one’s “clean and proper”2 self. According to Kristeva, abjection is a demarcating impulse which establishes the basis of all object relations, and is operative in the Lacanian narrative of subject formation in early childhood via object differentiation. Abjection continues to operate post-Oedipally to prevent the dissolution of the subject by repressing identification (...) with that which is other, and particularly that which is only tenuously other: the abject. Though Kristeva’s theory is braided into problematic Freudian premises, this essay will argue that abjection remains operative independent of the Oedipal model. (shrink)

The principal findings of experimental economics are that impersonal exchange in markets converges in repeated interaction to the equilibrium states implied by economic theory, under information conditions far weaker than specified in the theory. In personal, social, and economic exchange, as studied in two-person games, cooperation exceeds the prediction of traditional game theory. This book relates these two findings to field studies and applications and integrates them with the main themes of the Scottish Enlightenment and with the thoughts of F. (...) A. Hayek. (shrink)

While consensus exists among many practitioners of ethics consultation about the need for and identification of core competencies and standards, there has been virtually no attempt to determine how these competencies and standards are best taught and assessed. We believe that clinical ethics consultation has reached a state of sufficient maturity that expert practitioners can evaluate those who are new to the field. We will outline several steps that can facilitate the creation of a certification process for clinical ethics consultants, (...) assuring the competency and quality of consultation for the patients, families, and healthcare professionals who utilize ECSs. (shrink)

Mood profiling has a long history in the field of sport and exercise. Several novel mood profile clusters were identified and described in the literature recently (Parsons-Smith, Terry, & Machin, 2017). In the present study, we investigated whether the same clusters were evident in an Italian language, sport and exercise context. The Italian Mood Scale (ITAMS; Quartiroli, Terry, & Fogarty, 2017) was administered to 950 Italian-speaking sport participants (659 females, 284 males, 7 unspecified; age range = 16–63 yr., M = (...) 25.03, SD = 7.62) and seeded k-means clustering methodology applied to the responses. Six distinct mood profiles were identified, termed the iceberg, inverse iceberg, inverse Everest, shark fin, surface, and submerged profiles, which closely resembled those reported among English-speaking participants (Parsons-Smith et al., 2017). Significant differences were found in the distribution of specific mood profiles across gender and age groups. Findings supported the cross-cultural generalizability of the six mood profiles and offer new research avenues into their antecedents, correlates and behavioral consequences in Italian-language contexts. (shrink)

We describe and analyze 13 cases handled by our ethics consultation service (ECS) in which families requested continuation of physiological support for loved ones after death by neurological criteria (DNC) had been declared. These ethics consultations took place between 2005 and 2013. Patients’ ages ranged from 14 to 85. Continued mechanical ventilation was the focal intervention sought by all families. The ECS’s advice and recommendations generally promoted “reasonable accommodation” of the requests, balancing compassion for grieving families with other ethical and (...) moral concerns such as stewardship of resources, professional integrity, and moral distress. In cases we characterized as finitegoal accommodation, a “reasonable accommodation” strategy proved effective in balancing stakeholders’ interests and goals, enabling steady progress toward resolution. When a family objected outright to a declaration of DNC and asked for an indefinite accommodation, the “reasonable accommodation” approach offered clinicians little practical direction, and resolution required definitive action by either the family or the clinical team. Based on our analysis and reflections on these 13 cases, we propose ethically justified and practical guidelines to assist healthcare professionals, administrators, and ECSs faced with similar cases. (shrink)

In recent discussions concerning the definition of argument, it has been maintained that the word ‘argument’ exhibits the process-product ambiguity, or an act/object ambigu-ity. Drawing on literature on lexical ambiguity we argue that ‘argument’ is not ambiguous. The term ‘argu-ment’ refers to an object, not to a speech act. We also examine some of the important implications of our argument by considering the question: what sort of abstract objects are arguments?

We propose that institutions consider establishing a position of “Ombudsman for Research Practice”. This person would assume several roles: as asounding board to those needing confidential consultation about research issues — basic, applied or clinical; as afacilitator for those wishing to pursue a formal grievance process; and as aneducator to distribute guidelines and standards, to raise the consciousness regarding sloppy or irregular practices in order to prevent misconduct and to promote the responsible conduct of research. While there are compelling features (...) to this position, many complex issues need to be considered and resolved. We invite readers to respond to questions we raise in the text. (shrink)

We describe the ethics consultation service (ECS) at the Cleveland Clinic and report on its activities over a 24-month period in which 478 consultations were performed. To our knowledge, this is the largest case series of ethics consultations reported to date. Established more than 25 years ago, the ECS at the Cleveland Clinic is staffed by multiple consultants with advanced training in bioethics. Several of these ethicists work closely with specialized clinical units and research departments, where they participate in multidisciplinary (...) meetings and provide specialized assistance. This combination of historical experience, large numbers of consultation requests, and specialized clinical ethicists suggests that the experience at the Cleveland Clinic may be helpful to ethicists and others who may be considering how to structure and sustain a vibrant ECS. Our results highlight the diversity of activities performed by a high-volume ECS at a tertiary care facility. Our hope in sharing the inner workings of the ECS at the Cleveland Clinic is to promote dialogue on common practices and approaches across medical institutions that support ethics consultation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Intensifying Phronesis:Heidegger, Aristotle, and Rhetorical CultureDaniel L. SmithAll too well versed in the commonness of what is multiple and entangled, we are no longer capable of experiencing the strangeness that carries with it all that is simple.—Martin Heidegger, Aristotle's Metaphysics θ 1-3IntroductionIn Norms of Rhetorical Culture Thomas Farrell returns to the thought of Aristotle to develop a contemporary conception of rhetoric as a mode of practical philosophy, one that (...) foregrounds the importance of phronesis. Returning to Aristotle's work to forge contemporary conceptions of rhetoric as practical philosophy is nothing new. What is novel about Farrell's approach, however, are his thoughts on Aristotle's conception of "phainomena," or appearances. "Appearances," Farrell states, "come to us as configurations, as ensembles of objects, habitats, paths, tools, tasks, icons, and more or less recognizable characters that engage and reassure us with their... familiarity" (1993, 27). Phainomena and their stability, therefore, constitute the milieux of human life. But coupled with the stability of phainomena that lends continuity and predictability to our lives is their dynamic element of mutability, contingency, and unpredictability. Therefore phainomena can also be "ambiguous or even equivocal and incomplete," according to Farrell (27). This stable-mutable aspect of phainomena, and thus human life itself, demands that we have ways of inhabiting and responding to the worlds these phainomena constitute.Farrell cites a comment by Merleau-Ponty on Cezanne as an "apt characterization" of Aristotle's thought: Cezanne, writes Merleau-Ponty, "did not want to separate the stable things which we see and the shifting way in which they appear..." (quoted in Farrell, 27). For Farrell, Merleau-Ponty's observation concisely expresses a fundamental aspect of Aristotle's [End Page 77] thought, namely, a focus on the relation between the being of things and their dynamic modes of appearing, which are distinct but inextricably connected. Aristotle's conception of phainomena, Farrell's work suggests, offers possibilities for thinking about rhetoric as practical philosophy, a rhetoric that would be "an art of real life" (274), one that, because of the stability-contingency of real life, features the concept of phronesis.It is interesting to note that the issue of being-appearing that Farrell attributes to Aristotle sounds like a problematic of twentieth-century European phenomenology. Given Merleau-Ponty's status as one of the preeminent phenomenologists of the twentieth century, it is surprising that Farrell makes no mention of Merleau-Ponty's—or phenomenology's—interest in the dynamics of phainomena; nor does he make any explicit connections between Aristotle, rhetoric, and phenomenology. In fact, Farrell's thoughts on the connections between rhetoric and the being-appearing of phainomena are virtually eclipsed in his book when he turns to Jürgen Habermas. Farrell claims "that Habermas's project on discourse ethics, together with his practical placement of the public sphere, offers a basis for synthesizing the normative component of practical wisdom and a rhetoric goaded by emancipatory reason" (188). Farrell's interest in theorizing the enactment of "emancipatory reason" in the public sphere, through norm-governed rhetorical practices (of argumentation, deliberation, and so forth), takes precedence over theorizing the rhetoric-phainomena connection (or at the very least, does not facilitate a phenomenological consideration of rhetorical cultures and norms). This is not a criticism of Farrell, but rather the citing of an absence that opens a possibility. More specifically, because Farrell does not see, or perhaps is not interested in, the connection between his understanding of Aristotle and the problematic of phenomenology, he is not prompted to explore the possibilities that lie in bringing rhetorical studies into an encounter with phenomenology. Furthermore, given the connection Farrell makes between Aristotle and phainomena, Farrell's work suggests that it might be interesting to see what possibilities for rhetoric might exist in readings of Aristotle by phenomenologists.This essay will attempt to look into possibilities unexamined by Farrell. My aim in assuming this task, however, is not to theorize and facilitate the enactment of "emancipatory reason" in the public sphere through discourse governed by normative standards or ideals. Rather, my goal is to highlight the ways that phenomenology and phenomenological readings of Aristotle can help rhetorical scholars to examine... (shrink)

Checklists have been used to improve quality in many industries, including healthcare. The use of checklists, however, has not been extensively evaluated in clinical ethics consultation. This article seeks to fill this gap by exploring the efficacy of using a checklist in ethics consultation, as tested by an empirical investigation of the use of the checklist at a large academic medical system (Cleveland Clinic). The specific aims of this project are as follows: (1) to improve the quality of ethics consultations (...) by providing reminders to ethics consultants about process steps that are important for most patient-centered ethics consultations, (2) to create consistency in the ethics consultation process across the medical system, and (3) to establish an effective educational tool for trainers and trainees in clinical ethics consultation. The checklist was developed after a thorough literature review and an iterative process of revising and testing by a group of experienced ethics consultants. To pilot test the checklist, it was distributed to 46 ethics consultants. After a six-month pilot period in which ethics professionals used the checklist during their clinical activities, a survey was distributed to all of those who used the checklist. The 10-item survey examined consultants’ perceptions regarding the three aims listed above. Of the 25 survey respondents, 11 self-reported as experts in ethics consultation, nine perceived themselves to have mid-level expertise, and five self-reported as novices. The majority (68 percent) of all respondents, regardless of expertise, believed that the checklist could be a “helpful” or “very helpful” tool in the consultation process generally. Novices were more likely than experts to believe that the checklist would be useful in conducting consultations. The limitations of this study include: reduced generalizability given that this project was conducted at one medical system, utilized a small sample size, and used self-reported quality outcome measures. Despite these limitations, to the authors’ knowledge this is the first investigatation of the use of a checklist systematically to improve quality in ethics consultation. Importantly, our findings shed light on ways this checklist can be used to improve ethics consultation, including its use as an educational tool. The authors hope to test the checklist with consultants in other healthcare systems to explore its usefulness in different healthcare environments. (shrink)