Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This paper examines the concept of confidentiality and the quality of the relationship between young people experiencing mental health problems and social workers supporting them. The nature of a therapeutic intervention brings into focus the rigidities and complexities in adhering to agency and professional guidelines on confidentiality. The paper highlights the tensions and ethical dilemmas in making decisions about risk and whether, when, and how to breach confidentiality.

This book's importance is derived from three sources: careful conceptualization of teacher induction from historical, methodological, and international perspectives; systematic reviews of research literature relevant to various aspects of teacher induction including its social, cultural, and political contexts, program components and forms, and the range of its effects; substantial empirical studies on the important issues of teacher induction with different kinds of methodologies that exemplify future directions and approaches to the research in teacher induction.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.2 (2002) 91-95 [Access article in PDF] From: A Symposium on Rhetoric, Writing, and Culture Jeffrey Walker For who does not know, except them, that the art of using letters is fixed and unchanging, so that we always use the same letters for the same purposes, but in the art of discourse the case is entirely the reverse? —Isocrates, Against the SophistsThe essays composing this (...) issue of Philosophy and Rhetoric are based on papers that originally were presented at a symposium on "Rhetoric, Writing, and Culture," sponsored by the Emory University Center for Teaching and Curriculum, Department of English, and Hightower Fund, in March 2001. The ostensible purpose of the symposium was to consider the double nature and status of rhetoric: on one hand, a hermeneutic/theoretical discipline with applications across the humanities (in the analysis of texts, events, culture, argumentative practices, ideologies, and so forth); and, on the other hand, a practical "art of discourse," a techne, whose central or distinctive application is the training of skilled writers and speakers. The former tends to be emphasized in contemporary rhetorical studies, while the latter is the most familiar (though not necessarily essential) characteristic of "classical" or ancient rhetoric. Likewise, we can connect these two orientations, respectively, with rhetorical cultural studies and with the teaching of writing, speaking, and communication in general. While the natural assumption is that these two orientations are mutually supporting, that is not always or necessarily the case. One can argue that the first pulls in the direction of "philosophy" (however that may be defined), while the second pulls in the direction of sheer technique—and at one time or another, each has been [End Page 91] open to criticism for its lack of attention to the other: philosophers are ineffective rhetoricians, and cannot intervene in the public sphere; orators are superficial thinkers, and practice an irresponsible, demagogic art of manipulation and domination. This tension goes all the way back to the first critiques of the sophists, and plays out through the entire history of rhetoric. The symposium's speakers, then, were asked to reflect, in any way that seemed suitable to them, on either or both aspects of rhetoric's double nature, and/or the relationships between them.A symposium, inevitably, as a rhetorical event, always takes its own somewhat unpredictable trajectory, as papers are produced and presented, and as the ensuing discussion unfolds. And the four essays presented here—Steven Mailloux on Frederick Douglass and the nineteenth-century American debate over slavery; Susan Wells on "double consciousness" in S. Weir Mitchell's account of the case of Mary Reynolds and W. E. B. Du Bois's The Souls of Black Folk; James L. Kastely on the discontinuity between the "philosophical" and "technical" halves of Plato's Phaedrus;and Richard Doyle on the strange intersection between the emergence of LSD and the evolution of biotechnological understandings of DNA—are all revisions and expansions of the original presentations, reflecting the contingencies of their invention and reinvention. Nevertheless, the original motives of the symposium are still in evidence.As different as these essays are, it can be said that one or two underlying themes run through them, and provide a reply to the original topic proposed for the symposium. Perhaps the keynote is what Mailloux describes as "rhetorical paths of thought": that is, the "migration" and "evolution" of topoi, figures, lines of arguments, bits of narratives, and rhetorical traditions themselves (or fragments of them?) "from one community to another... [and] from one cultural moment to the next," as Frederick Douglass takes in the rhetorical traditions, practices, tropes and arguments exemplified in the Columbian Orator, as well as Aristotle's arguments on slavery, and as they become enabling parts of his own rhetorical repertoire in the debate on abolition. In Wells's essay, this appears as the "refunctioning" or reworking of topoi, as the notion of "double consciousness" is adapted as part of a "new logic of scientific authority" in Mitchell's account of "split personality," and also as a way of understanding and performing public discourse and identity in... (shrink)

Nature of the problem: Testimony from scientists. Reflex action and theism (1881) by W. James. The organization of thought (1916) by A.N. Whitehead. The changing scientific scene 1900-1950 (1952) by J.B. Conant. A note on methods of analysis (1943) by H.J. Muller. The way things are (1959) by P.W. Bridgman. A definition of style (1948) by J.R. Oppenheimer.--Consequences of the problem: Testimony from artists and writers. Existentialism (1947) by J.-P. Sartre. The testimony of modern art (1957) by W. Barrett. Parts (...) of speech and punctuation (1935) by G. Stein. The waves (1931) by V. Woolf. The imperfect paradise, by W. Stevens. A note on style and the limits of language, by W. Gibson. (shrink)

Should monkeys be used in painful and often deadly infectious disease research that may save many human lives? This is the challenging question that Anne Barnhill, Steven Joffe, and Franklin G. Miller take on in their carefully argued and compelling article “The Ethics of Infection Challenges in Primates.” The authors offer a nuanced and even-handed position that takes philosophical worries about nonhuman primate moral status seriously and still appreciates the very real value of such research for human welfare. Overall, (...) they argue for an extension and revision of the recommendations regarding chimpanzee research offered by the Institute of Medicine in 2011; the practical upshot of their argument would allow for infection challenge research for promising interventions for Ebola and Marburg virus diseases but not for smallpox or the common cold. The IOM recommendations regarding chimpanzee research put in motion an exceptionalist policy for this great ape population. Barnhill and colleagues’ proposal would enlarge the scope of that exceptionalism to embrace NHPs other than great apes. But is such exceptionalism warranted? It is not obvious to me either that the more sophisticated capacities of a species as a whole give it greater ethical protections or that less intellectually or socially sophisticated animals ought to therefore receive less protection when it comes to painful experimental interventions. (shrink)

This research is an extension of Walker Information’s (Business Ethics: Ethical Decision Making and Cases, pp. 235–255, 1999) study on employees’ job attitudes that was conducted exclusively in the United States. Walker Information found that the reputation of the organization, fairness at work, care, and concern for employees, trust in employees, and resources available at work were important factors in an employee’s decision to remain with his or her company. Our sample includes 713 students from seven countries: Canada, (...) Colombia, Ecuador, Hong Kong, Ireland, South Africa, and the United States. When analyzing the entire sample, our data indicate that both social desirability response bias and gender were significant; however, this was not the case when the data are analyzed by country. On an individual country basis, our data suggest that the generally accepted premise that women are more ethically conscious than men was only true for the samples from the United States and Canada. The data also indicate that, while social desirability response bias was significant for the four factors suggesting ethical components for the sample from the United States, this finding was not universal. (shrink)

The ‘musca depicta’ trope is well known to art historians, with a history going back to Pliny. It flourished in the Renaissance, but in eighteenth-century England the meaning of the trope was altered greatly when employed in popular culture, both in live theatrical presentations (by George Alexander Stevens) and in published poetry (by James Robertson, comedian of York). Originally, the trope signalled the virtuosity of the painter, who was able to fool the eye by depicting flies so real that the (...) viewer attempted to shoo them off the picture. However, in the hands of Stevens and Robertson, that bit of theatre was turned on its head, as the supposed connoisseur engaged in a harsh criticism of a painting is startled when a fly that he thinks poorly depicted suddenly flies off the canvas, thereby rendering the connoisseur a satiric target. (shrink)

Gregory Bateson’s career from anthropologist, through his development of cybernetics and systems theory, to developing ideas around ‘the sacred’, has parallels with Roy Bhaskar’s intellectual journey. This paper proposes that as well as Bateson’s theory of cybernetics and systemic thought making a contribution to basic and dialectic critical realism, his final and posthumously published Angels Fear: Towards and Epistemology of the Sacred adds to our understanding of Bhaskar’s metaReality. Similarities between the development of Bateson’s work from 1936 to 1987 and (...) Bhaskar’s work from 1975 to 2016 enable the development of theory that adds to both of their respective appreciations of metaReality and the sacred. Thus, by starting a conversation between Bateson and Bhaskar, we can develop a higher order understanding of the world than proposed by Bhaskar’s metaReality alone. (shrink)

In Working Virtue: Virtue Ethics and Contemporary Moral Problems, leading figures in the fields of virtue ethics and ethics come together to present the first ...

It has been claimed that Massimi’s recent perspectival approach to science sits in tension with a realist stance. I shall argue that this tension can be defused in the quantum context by recasting Massimi’s perspectivalism within a phenomenological framework. I shall begin by indicating how the different but complementary forms of the former are manifested in the distinction between certain so-called ‘-epistemic’ and ‘-ontic’ understandings of quantum mechanics, namely QBism and Relational Quantum Mechanics, respectively. A brief consideration of Dieks’ perspectivism (...) will then lead to a consideration of the much-maligned and typically dismissed role of the observer in the measurement process. This opens the door to London and Bauer’s presentation of a form of ‘phenomenological quantum perspectivalism’ that brings together Massimi’s two forms and explicitly eschews the ‘naïve’ realism that creates the above tension. I shall conclude with some reflections on how intersubjectivity can still be established within this framework, focusing in particular on how Massimi’s idea of ‘interlacing’ scientific perspectives can be accommodated, using the example of a ‘new cosmopolitanism’ that gave rise to Bose-Einstein statistics. (shrink)

In the only two articles on the topic of which I am aware, Chad Carlson and Scott Aikin have leveled three objections against fantasy sports—namely, that participation in fantasy sports elicits...

This book sets out to generate new ways of reflecting ethically about the purposes and values of contemporary higher education in relation to agency, learning, public values and democratic life, and the pedagogies which support these.

In Nicomachean Ethics X.7–8, Aristotle defends a striking view about the good for human beings. According to Aristotle, the single happiest way of life is organized around philosophical contemplation. According to the narrowness worry, however, Aristotle's contemplative ideal is unduly Procrustean, restrictive, inflexible, and oblivious of human diversity. In this paper, I argue that Aristotle has resources for responding to the narrowness worry, and that his contemplative ideal can take due account of human diversity.

Plato Plato (427-347 BC) is surely the most famous of all philosophers. Little is known of his early life, except that he was born into a noble Athenian ...

Weinberg's 1972 work, in his description, had two purposes. The first was practical to bring together and assess the wealth of data provided over the previous decade while realizing that newer data would come in even as the book was being printed. He hoped the comprehensive picture would prepare the reader and himself to that new data as it emerged. The second was to produce a textbook about general relativity in which geometric ideas were not given a starring role for (...) (in his words) too great an emphasis on geometry can only obscure the deep connections between gravitation and the rest of physics. (shrink)

Moral epistemology investigates sources and patterns of moral understanding. Its questions include: To what extent does morality consist in or depend on knowledge, and of what kind(s)? What makes possible moral knowledge, and how is such knowledge grounded or justified? What is the relation between philosophical claims about morality and the moral understanding any of us has, that is, what has ethics – the philosophical representation of morality – to do with morality itself? Feminist moral epistemology asks how social divisions (...) of labor, opportunity, power, and recognition which reproduce gender and other hierarchies affect both the ways these questions have in fact been answered, and the ways they might be. (shrink)

In Plato’s Symposium, the mysterious Apollodorus recounts to an unnamed comrade, and to us, Aristodemus’ story of just what happened at Agathon’s drinking party. Since Apollodorus did not attend the party, however, it is unclear what relevance he could have to our understanding of Socrates’ speech, or to the Alcibiadean “satyr and silenic drama” (222d) that follows. The strangeness of Apollodorus is accentuated by his recession into the background after only two Stephanus pages. What difference—if any—does Apollodorus make to the (...) Symposium? Does his inclusion call the dramatic and philosophical unity of the work into question? I argue that despite initial appearances, Plato has important philosophical reasons for including Apollodorus as a character. Far from being an odd appendage to an otherwise complete narrative, the figure of Apollodorus is useful for our understanding of Socrates’s conception of eros later in the work. (shrink)

On the one hand, Hume accepts the view -- which he attributes primarily to Stoicism -- that there exists a determinate best and happiest life for human beings, a way of life led by a figure whom Hume calls "the true philosopher." On the other hand, Hume accepts that view -- which he attributes to Scepticism -- that there exists a vast plurality of good and happy lives, each potentially equally choiceworthy. In this paper, I reconcile Hume's apparently conflicting commitments: (...) I argue that Hume's "Sceptical" pluralism about the character of the happiest life need not conflict with his "Stoic" advocacy of the supreme happiness of the true philosopher, given Hume's flexible understanding of how one might live as a true philosopher. (shrink)

Fifteen original essays open up a novel area of inquiry: the distinctively ethical dimensions of women's experiences of and in aging. Contributors distinguished in the fields of feminist ethics and the ethics of aging explore assumptions, experiences, practices, and public policies that affect women's well-being and dignity in later life. The book brings to the study of women's aging a reflective dimension missing from the empirical work that has predominated to date. Ethical studies of aging have so far failed to (...) emphasize gender. And feminist ethics has neglected older women, even when emphasizing other dimensions of 'difference.' Finally work on aging in all fields has focused on the elderly, while this volume sees aging as an extended process of negotiating personal and social change. (shrink)

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

_Philosophy and the Maternal Body_ gives a new voice to the mother and the maternal body which have often been viewed as silent within philosophy. Michelle Boulous Walker clearly shows how some male theorists have appropriated maternity, and suggests new ways of articulating the maternal body and women's experience of pregnancy and motherhood.

Consciousness is one of the most significant scientific problems today. Renewed interest in the nature of consciousness - a phenomenon long considered not to be scientifically explorable, as well as increasingly widespread availability of multimodal functional brain imaging techniques (EEG, ERP, MEG, fMRI and PET), now offer the possibility of detailed, integrated exploration of the neural, behavioral, and computational correlates of consciousness. The present volume aims to confront the latest theoretical insights in the scientific study of human consciousness with the (...) most recent behavioral, neuroimaging, electrophysiological, pharmacological and neuropathological data on brain function in altered states of consciousness such as: brain death, coma, vegetative state, minimally conscious state, locked-in syndrome, dementia, epilepsy, schizophrenia, hysteria, general anesthesia, sleep, hypnosis, and hallucinations. The interest of this is threefold. First, patients with altered states of consciousness continue to represent a major clinical problem in terms of clinical assessment of consciousness and daily management. Second, the exploration of brain function in altered states of consciousness represents a unique lesional approach to the scientific study of consciousness and adds to the worldwide effort to identify the "neural correlate of consciousness". Third, new scientific insights in this field have major ethical and social implications regarding our care for these patients. (shrink)

The first book-length study of a leading tenth-century Ismaili theoretician Abu Ya'qub al-Sijistani.

Despite All Critique (2014) -- World Politics and Western Reason (1980) -- The Doubled Outsides of the Modern International (2005) -- The Subject of Security (1995) -- The Protection of Nature and the Nature of Protection (2005) -- Social Movements/World Politics (1994) -- Europe is Not Where It is Supposed to Be (2000) -- They Seek it Here, They Seek it There : Looking for Politics in Clayoquot Sound (2003) -- Violence, Modernity, Silence : From Weber to International Relations (1993) (...) -- Hobbes, Origins, Limits (2011) -- War, Terror, Judgement (2002) -- International, Imperial, Exceptional (2005) -- Which Democracy for Which Demos? (2013) -- The Political Theory of Boundaries and the Boundaries of Political Theory : Interview With Raia Prokhovnik (2012). (shrink)

_Philosophy and the Maternal Body_ gives a new voice to the mother and the maternal body which have often been viewed as silent within philosophy. Michelle Boulous Walker clearly shows how some male theorists have appropriated maternity, and suggests new ways of articulating the maternal body and women's experience of pregnancy and motherhood.

The paper examines a single, apparently simple argument for the existence of incompatibilities between the virtues as traits of character. This argument appeals not to empirical truths about human psychology or human nature but to the possibility of conflict between the exercise of different virtues in action. There are, for example, situations in which we can exercise the virtue of truthfulness only at the expense of not exercising the virtue of tact, as when we are asked a question to which (...) the straightforward answer will pain our questioner. The person who in these situations would give a straightforward answer possesses the virtue of truthfulness to a higher degree than the person who would respond more evasively, whereas the latter person possesses the virtue of tact to a higher degree than the former. But since the two responses are mutually exclusive, it follows that the degree to which we possess the virtue of truthfulness must, at least in some measure, correlate inversely with the degree to which we possess the virtue of tact. And similarly for many other pairs of virtues. My paper focusses on the two cardinal assumptions of this argument, viz., (i) that sometimes the exercise of one virtue can conflict with the exercise of another, and (ii) that the degree to which a person possesses a virtue correlates directly with the extent of its exercise, and defends both assumptions against a variety of objections which allege that, in different ways, they are insensitive to the complexity of the virtues. (shrink)

Purpose – The purpose of this paper is to investigate the internal structure of Gandhi's ethics as a way to determine opportunities for improving that system's ability to influence behavior. In this paper, the author aims to work under the idea that a system of ethics is a guide for social responsibility. -/- Design/methodology/approach – The data source is Gandhi's set of ethics as described by Naess. These simple (primarily quantitative) studies compare the concepts within the code of ethics, and (...) their relationships to one another. -/- Findings – Gandhi's ethics are robust at the 0.25 level (the scale is zero to one – zero is lowest). This is consistent with theories of the social sciences (that do not work well in practice). Gandhi's success might be ascribed to his leadership ability. -/- Research limitations/implications – Some suggest this approach is reductionist because of its superficial similarity to approaches of physical science. The implications for research are profound. First, this approach provides an objective method for comparing (and so, advancing) systems of ethics. Second, this paper suggests the opportunity to compare the internal structure of ethics with “external” aspects – the implementation of ethical systems. -/- Practical implications – By itself, Gandhi's system of ethics cannot be reliably applied in practice - it cannot be expected to change behavior more than any other system of ethics. This raises concerns about other ethical codes as well. The practical implications of the form of analysis presented in this paper are immense because it provides a way for practitioners to objectively compare two codes of ethics and determine which one will be more effective. -/- Originality/value – The approach documented in the paper has never been applied to the field of ethics. It is unique in that it addresses the “internal” structure of a system of ethics (compared to the “external”, or application, of ethical systems). (shrink)

Current literature suggests that corporate social responsibility (CSR) can affect consumers’ attitudes towards an organization and is regarded as a driver for reputation-building and fostering sustained consumer patronage. Although prior research has addressed the direct influence of CSR on consumer responses, this research examined the mediating influence of consumer’s perceived organizational motives within an NGO setting. Given the heightened public attention surrounding the 2008 Beijing Olympic Games, data were collected from consumers of the Games to assess their perceptions of the (...) International Olympic Committee’s (IOC) socially responsible initiatives. We hypothesized that consumers of the Games were likely to cognitively elaborate on CSR messages by way of three specific attribution effects derived from the literature. The results show that, contingent on CSR awareness, consumers responded positively to social efforts judged to be values-driven and stakeholder-driven; and a negative response was seen for efforts judged to be strategic. These attribution effects influenced various types of patronage and perceived organizational reputation. (shrink)