This article examines two medieval sermons that examine philosophic and halakhic issues: the Passover sermon of Hasdai Crescas, which discusses the laws of Passover, and a sermon of Zerahia Halevi Saladin, a disciple of Crescas, which probes an aspect of the laws of vows ( nedarim ). In the analysis of Zerahia's sermon, a comparison is made between his discussion and Thomas Aquinas's examination of vows in his Summa Theologica . The comparison establishes the dependency of Zerahia on Aquinas regarding (...) this issue. Likewise, Zerahia's sermon is compared with Crescas's, and the relationship between the legal theories of Crescas and Zerahia is investigated. The articles concludes with a brief examination of the significance of the analysis these sermons for understanding of the impact of scholastic sources on Spanish-Jewish philosophy and the relationship between law and philosophy in the writings of Hasdai Crescas and his students. (shrink)
I hope to persuade Charles Fried to think again about his developing views on distributive justice. Since I live at a certain remove from Cambridge, the best I can offer is a hypothetical dialogue with an imaginary person whose views seem, to me at least, of a Friedian inspiration. My central question deals with the way Fried establishes his rights to things he candidly concedes he does not deserve. To present my problems, I shall begin with a simpler case than (...) those – involving kidneys and talents – that Fried makes central to his discussion. Rather than starting with these rather special goods, I find it clarifying to focus first on more garden variety commodities – which, to emphasize their character, I shall call apples. (shrink)
Comment un État constitutionnel peut-il faire face aux menaces terroristes d’une façon qui soit compatible avec son engagement démocratique, les droits fondamentaux et l’état de droit? En pleine opposition tant avec les arguments juridiques avancés par l’administration Bush qu’avec la thèse selon laquelle les menaces et les défis posés par le terrorisme peuvent être gérés dans le cadre constitutionnel et réglementaire actuel, Bruce Ackermann rejette la caractérisation du 11 septembre comme le début d’une « guerre » tout autant que quelque (...) chose qui pourrait être traité comme un crime ordinaire. Sur le terrain prescriptif, Bruce Ackermann appelle à des mesures qui relèvent de la « Constitution d’un état d’urgence ». La loi-cadre qu’il appelle de ses vœux doit garantir que les institutions de l’État soient bien équipées pour faire face à cette menace et que les pouvoirs conférés ne soient pas utilisés pour anéantir les droits fondamentaux et les libertés. Bruce Ackerman pense notamment que le pouvoir du Gouvernement de déclarer l’état d’urgence doit rapidement être endossé par le Congrès mais aussi qu’un système dit d’escalateur supermajoritaire doit rendre de plus en plus difficile de l’obtenir. (shrink)
It may seem reasonable, even inevitable, that architectural practice should be based on an understanding that architects, like lawyers and doctors, should discover their clients' needs and accommodate them to the best of their abilities. But current discussion within the legal and medical professions of the conflict between service to private individuals who can pay, and to the public who cannot, suggest an expanded or altered definition of professional responsibility. Actually, the conflict between public and private interest may be more (...) acute in architecture than in other professions: the kind of buildings architects design are costly and are made possible only by the wealth of a small segment of the population or the state, yet every one raised affects the lives of people other than the one who makes the program and pays the architect for his services. Furthermore, the decisions of architects are embodied in buildings that last for generations, even for millennia, so that the overwhelming majority of people in our culture live and work in places designed not only for other people but for other times and conditions. For this reason, even the "private" practice of architecture involves responsibilities to a widespread constituency. James S. Ackerman is the author of The Architecture of Michelango, Art and Archaeology, The Cortille del Belvedere, Palladio and Palladio's Villas and is professor of fine arts at Harvard University. He has contributed "On Judging Art without Absolutes" to Critical Inquiry. (shrink)
That art historians have felt it necessary to emulate this effort to express personal input can be explained by our need to gain credibility in that aspect of our work that is indistinguishable in method from other historical research: the reconstruction, through documents and artifacts, of past events, conditions, and attitudes. Most of us simply ignore the ambivalence of our position; I cannot recall having heard or read discussions of it, but it is bound to creep out from under the (...) rug. If a student asks me why I think Rembrandt and Picasso are good artists—which most students are too well trained to do—and if I answer that judgments of value are not discussed by historians, I am within my rights, like a witness at a congressional hearing claiming the protection of the Fifth Amendment. But I ought to be found in contempt of the classroom. And if I try to answer seriously, I ought not begin by saying that I chose Rembrandt because he has been acknowledged by generations to have been a great artist but rather because I find more to think, feel, and speak about in his works than in those of, for example, Nicolaes Maes, and because I believe that the student stands to gain more by looking at them. I want the student to have the most rewarding experiences, and, as a result, perhaps to learn to make value discriminations of his own—even ones different from mine and from the so-called consensus of history—and ultimately to explain the grounds on which he makes them. This means having to know and to explain what I think is "rewarding." James S. Ackerman, professor of fine arts at Harvard University, is the author of, among other works, The Architecture of Michelangelo, Art and Archaeology, The Cortile del Belvedere, and Palladio. He is currently writing on Renaissance art, science, and naturalism and making a film on Andrea Palladio and his influence in America. "Transactions in Architectural Design," his previous contribution to Critical Inquiry, appeared in the Winter 1974 issue. (shrink)
Although widely studied in other domains, relatively little is known about the metacognitive processes that monitor and control behaviour during reasoning and decision-making. In this paper, we examined the conditions under which two fluency cues are used to monitor initial reasoning: answer fluency, or the speed with which the initial, intuitive answer is produced, and perceptual fluency, or the ease with which problems can be read. The first two experiments demonstrated that answer fluency reliably predicted Feeling of Rightness judgments to (...) conditional inferences and base rate problems, which subsequently predicted the amount of deliberate processing as measured by thinking time and answer changes; answer fluency also predicted retrospective confidence judgments. Moreover, the effect of answer fluency on reasoning was independent from the effect of perceptual fluency, establishing that these are empirically independent constructs. In five experiments with a variety of reasoning problems similar to those of Alter et al., we found no effect of perceptual fluency on FOR, retrospective confidence or accuracy; however, we did observe that participants spent more time thinking about hard to read stimuli, although this additional time did not result in answer changes. In our final two experiments, we found that perceptual disfluency increased accuracy on the CRT, but only amongst participants of high cognitive ability. As Alter et al.’s samples were gathered from prestigious universities, collectively, the data to this point suggest that perceptual fluency prompts additional processing in general, but this processing may results in higher accuracy only for the most cognitively able. (shrink)
The relationship between metacognition and mindreading was investigated by comparing the monitoring of one’s own learning and another person’s learning . Previous studies indicated that in self-paced study judgments of learning for oneself are inversely related to the amount of study time invested in each item. This suggested reliance on the memorizing-effort heuristic that shorter ST is diagnostic of better recall. In this study although an inverse ST–JOL relationship was observed for Self, it was found for Other only when the (...) Other condition followed the Self condition. The results were interpreted in terms of the proposal that the processes underlying experience-based metacognitive judgments are largely unconscious. However, participants can derive insight from observing themselves as they monitor their own learning, and transfer that insight to Other, thus exhibiting a shift from experience-based to theory-based judgments. Although different processes mediate metacognition and mindreading, metacognition can inform mindreading. (shrink)
Building on prior research in Confucianism and business, the current study examines the effects of Confucianism on consumer trust of government involvement with products and company brands. Based on three major ideas of Confucianism – meritocracy, loyalty to superior, and separation of responsibilities – it is expected that consumers under the influence of Confucianism would perceive products from government-involved enterprises to have more desirable attributes and show preference for their company brands. Findings from an empirical study in the Chinese automobile (...) market support the hypotheses. The results suggest that small firms doing business in China would especially benefit from some association with the government. These results also provide managerial implications for enterprises in other countries with a Confucian cultural background. (shrink)
This paper describes a practice innovation: the addition of formal weekly discussions of patients with prolonged PICU stay to reduce healthcare providers’ moral distress and decrease length of stay for patients with life-threatening illnesses. We evaluated the innovation using a pre/post intervention design measuring provider moral distress and comparing patient outcomes using retrospective historical controls. Physicians and nurses on staff in our pediatric intensive care unit in a quaternary care children's hospital participated in the evaluation. There were 60 patients in (...) the interventional group and 66 patients in the historical control group. We evaluated the impact of weekly meetings to establish goals of care for patients with longer than 10 days length of stay in the ICU for a year. Moral distress was measured intermittently and reported moral distress thermometer scores fluctuated. "Clinical situations" represented the most frequent contributing factor to moral distress. Post intervention, overall moral distress scores, measured on the moral distress scale revised, were lower for respondents in all categories, and on three specific items. Patient outcomes before and after PEACE intervention showed a statistically significant decrease in PRISM indexed LOS, a statistically significant increase in both code status changes DNR, and in-hospital death, with no change in patient 30 or 365 day mortality. The addition of a clinical ethicist and senior intensivist to weekly inter-professional team meetings facilitated difficult conversations regarding realistic goals of care. The study demonstrated that the PEACE intervention had a positive impact on some factors that contribute to moral distress and can shorten PICU length of stay for some patients. (shrink)
In this reply, we provide an analysis of Alter et al. response to our earlier paper. In that paper, we reported difficulty in replicating Alter, Oppenheimer, Epley, and Eyre’s main finding, namely that a sense of disfluency produced by making stimuli difficult to perceive, increased accuracy on a variety of reasoning tasks. Alter, Oppenheimer, and Epley argue that we misunderstood the meaning of accuracy on these tasks, a claim that we reject. We argue and provide evidence that the tasks were (...) not too difficult for our populations and point out that in many cases performance on our tasks was well above chance or on a par with Alter et al.’s participants. Finally, we reiterate our claim that the distinction between answer fluency and perceptual fluency is genuine, and argue that Thompson et al. provided evidence that these are distinct factors that have different downstream effects on cognitive processes. (shrink)
A. NATURAL. HISTORY. OF. THE. SENSES. “This is one of the best books of the year—by any measure you want to apply. It is interesting, informative, very well written. This book can be opened on any page and read with relish.... thoroughly ...
In this paper we define a notion of relativization for higher order logic. We then show that there is a higher order theory of Grothendieck topoi such that all Grothendieck topoi relativizes to all models of set theory with choice.
Shared views regarding the moral respect which is owed to children in family life are used as a guide in determining the moral permissibility of nontherapeutic clinical research procedures involving children. The comparison suggests that it is not appropriate to seek assent from the preadolescent child. The analogy with interventions used in family life is similarly employed to specify the permissible limit of risk to which children may be exposed in nontherapeutic research procedures. The analysis indicates that recent writers misconceive (...) how certain moral principles, such as respect for personal autonomy, require us to act toward children. The results are also used to assess proposed federal regulations on research with children. (shrink)
The principal objective for most patients seeking orthodontic services is a detectable improvement in their dentofacial appearance. Orthodontic treatment, in the mind of the patient, is something that makes you look better, feel better about yourself, and perhaps enhances your social possibilities, ie, to find a companion or make a positive impression during a job interview. Orthodontics, as a speciality, has collectively advanced the idea that enhanced occlusion (bite) improves the health and longevity of the dentition, and as a result (...) many patients seeking orthodontic services affirm that their secondary goal of treatment is an oral health benefit. It would appear that there is some disparity between the end-user of orthodontic services and the orthodontic provider's perception of what constitutes orthodontic need. The aim of this paper is to examine two contrasting models that characterise how dentists ‘sell’ orthodontic services to patients and to discuss the conflict between professional ethics, practice management and evidence-based decision-making in orthodontic practice. (shrink)
Two dogmas of liberalism in the therapeutic setting are challenged: (1) that patients have a ready-made ability to act autonomously; and (2) that non-intervention by physicians is the best strategy for protecting the autonomy of patients. Recognition of the impact of illness upon autonomous behavior forms the basis of this challenge. It is suggested that autonomy is better conceived as a process of personal growth by which patients become better able to overcome the disruptive effects of illness. The physician is (...) assigned an active role in the achievement of this therapeutic goal. The implications of this new liberal theory are illustrated by reference to the informed consent issue. (shrink)