This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...) face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

Accountability is a norm basic to several aspects of medical practice. We explore here the benefits of a more explicit focus on the virtue of accountability, which as distinct from the state of being held accountable, entails both welcoming responsibility to others and welcoming input from others. Practicing accountably can limit moral distress caused by institutional pressures on the doctor patient relationship. Fostering a mindset that is welcoming rather than resistant to feedback is critical to enhancing a culture of learning. (...) Analysis of failures of accountable practice offers opportunities for improving the delivery of clinical care. (shrink)

There are two theoretical approaches in statistical mechanics, one associated with Boltzmann and the other with Gibbs. The theoretical apparatus of the two approaches offer distinct descriptions of the same physical system with no obvious way to translate the concepts of one formalism into those of the other. This raises the question of the status of one approach vis-à-vis the other. We answer this question by arguing that the Boltzmannian approach is a fundamental theory while Gibbsian statistical mechanics is an (...) effective theory, and we describe circumstances under which Gibbsian calculations coincide with the Boltzmannian results. We then point out that regarding GSM as an effective theory has important repercussions for a number of projects, in particular attempts to turn GSM into a nonequilibrium theory. (shrink)

Christian miller invites further clarification about the relationship between accountability and autonomy. Whereas embracing accountability to others for one’s responsibilities in those relationships emphasizes relationality, autonomy accents the individual’s own capacities to exhibit agency in enacting one’s decisions. Accordingly, we theorize that relational capacities for empathic concern and perspective-taking are especially important in the virtue of accountability. The capacity for self-regulation may serve both one’s autonomous pursuits and accountability for carrying out one’s responsibilities...

A gas prepared in a non-equilibrium state will approach equilibrium and stay there. An influential contemporary approach to Statistical Mechanics explains this behaviour in terms of typicality. However, this explanation has been criticised as mysterious as long as no connection with the dynamics of the system is established. We take this criticism as our point of departure. Our central claim is that Hamiltonians of gases which are epsilon-ergodic are typical with respect to the Whitney topology. Because equilibrium states are typical, (...) we argue that there follows the desired conclusion that typical initial conditions approach equilibrium and stay there. (shrink)

Purpose. The purpose of this study is to investigate how professionals learn from varying experiences with errors in health-care digitalization and develop and use negative knowledge and digital ignorance in efforts to improve digitalized health care. Design/methodology/approach. A two-year qualitative field study was conducted in the context of a public health-care organization working with digital patient communication. The data consisted of participant observation, semistructured interviews and document data. Inductive coding and a theoretically informed generation of themes were applied. Findings. The (...) findings show that both health-care and digital communication professionals learn through experiences with digital “rule-” and “knowledge-based” errors in patient communication and develop negative knowledge and awareness of digital ignorance. In their joint efforts, they use negative knowledge to “bend the rules” and to explore digital ignorance in efforts to improve patient communication. Originality/value. This study provides insight into the importance of collaboration between professionals with varying experience of errors in digitalizing patient communication. Such collaboration is required to acknowledge own shortcomings and create complementary negative knowledge to improve digital patient communication. This is particularly important when working with innovative digitalization in health care. (shrink)

Social media offers a platform for diffused stakeholders to interact with firms—alternatively praising, questioning, and chastising businesses for their CSR performance and seeking to engage in two-way dialogue. In 2014, 163,402 public messages were sent to Fortune 200 firms’ CSR-focused Twitter accounts, each of which was either shared, replied to, “liked,” or ignored by the targeted firm. This paper examines firm reactions to these messages, building a model of firm response to stakeholders that combines the notions of CSR communication and (...) stakeholder salience. Our findings show that firm response to a stakeholder on social media is positively and most significantly associated with what we refer to as the stakeholder’s connective power but negatively associated with the firm’s own connective power. To a lesser extent, firm response is positively associated with the stakeholder’s normative power but negatively associated with the firm’s own normative power. Firm response is also shown to be positively associated with stakeholder urgency in terms of both the originality of a stakeholder message and the expression of positive sentiment. (shrink)

Gibbsian statistical mechanics (GSM) is the most widely used version of statistical mechanics among working physicists. Yet a closer look at GSM reveals that it is unclear what the theory actually says and how it bears on experimental practice. The root cause of the difficulties is the status of the Averaging Principle, the proposition that what we observe in an experiment is the ensemble average of a phase function. We review different stances toward this principle, and eventually present a coherent (...) interpretation of GSM that provides an account of the status and scope of the principle. (shrink)

Gibbsian statistical mechanics (GSM) is the most widely used version of statistical mechanics among working physicists. Yet a closer look at GSM reveals that it is unclear what the theory actually says and how it bears on experimental practice. The root cause of the difficulties is the status of the averaging principle, the proposition that what we observe in an experiment is the ensemble average of a phase function. We review different stances toward this principle, and eventually present a coherent (...) interpretation of GSM that provides an account of the status and scope of the principle. (shrink)

COVID-19 is unique in that it is the first global pandemic occurring amidst a crowded information environment that has facilitated the proliferation of misinformation on social media. Dangerous misleading narratives have the potential to disrupt ‘official’ information sharing at major government announcements. Using an interrupted time-series design, we test the impact of the announcement of the first UK lockdown on short-term trends of misinformation on Twitter. We utilise a novel dataset of all COVID-19-related social media posts on Twitter from the (...) UK 48 hours before and 48 hours after the announcement. We find that while the number of tweets increased immediately post announcement, there was no evidence of an increase in misinformation-related tweets. We found an increase in COVID-19-related bot activity post-announcement. Topic modelling of misinformation tweets revealed four distinct clusters: ‘government and policy’, ‘symptoms’, ‘pushing back against misinformation’ and ‘cures and treatments’. (shrink)

While a significant body of bioethical literature considers how the placebo effect might introduce a conflict between autonomy and beneficence, the link between justice and the placebo effect has been neglected. Here, we bring together disparate evidence from the field of placebo studies and research on health inequalities related to race and ethnicity, and argue that, collectively, this evidence may provide the basis for an unacknowledged route by which health disparities are exacerbated. This route is constituted by an uneven distribution (...) of placebo effects, resulting from differences in expressions of physician warmth and empathy, as well as support and patient engagement, across racial and ethnic lines. In a discussion of the ethical implications of this connection, we argue that this contribution to health disparities is a source of injustice, consider ways in which these disparities might be ameliorated and suggest that this conclusion is likely to extend to other realms of inequality as well. (shrink)

Dementia is a growing issue at the end of life that presents unique challenges for advance care planning. Advance directives are a useful and important component of end-of-life planning, but standard advance directives have less utility in cases of loss of capacity due to dementia. An advance directive designed to specifically address end-of-life issues in the setting of dementia can provide patients with increased autonomy and caregivers with improved information about the desires of the individual in question. The Dartmouth Dementia (...) Directive is a dementia-specific advance directive, available online, that seeks to address common concerns of individuals who are planning for dementia-related end-of-life care. This directive was piloted in a community-based workshop, which provided important details and perspective on the best use of dementia-specific advance directives in the greater population. (shrink)

The paper discusses intention as a rhetorical key term and argues that a consideration of rhetor’s intent should be maintained as relevant to both the production and critique of rhetorical discourse. It is argued that the fact that the critic usually has little or no access to the rhetor’s mind does not render intention an irrelevant factor. Rather than allowing methodological difficulties to constrain critical inquiry, I suggest some ways in which the critic can incorporate the rhetor’s intention in evaluating (...) argumentation. To this end, a standard of fairness is presented. (shrink)

The physical boundaries of office work have become increasingly flexible. Work is conducted at multiple locations outside the office, such as at clients’ premises, at home, in cafés, or when traveling. However, the boundary between indoor and outdoor environment seems to be strong and normative regarding how office work is performed. The aim of this study was to explore how office work may be conducted outdoors, understanding how it is being experienced by office employees and identifying its contextual preconditions. Based (...) on a two-year interactive research project, the study was conducted together with a Swedish municipality. Fifty-eight participants engaged in the collaborative learning process, including 40 half-day workshops and reflective group discussions, co-interviews, and participants’ independent experimentation of bringing work activities outdoors. Data was collected via interviews, group discussions and a custom-made mobile application. The results showed that a wide range of work activities could be done outdoors, both individually and in collaboration with others. Outdoor work activities were associated with many positive experiences by contributing to a sense of well-being, recovery, autonomy, enhanced cognition, better communication, and social relations, but also with feelings of guilt and illegitimacy. Conditions of importance for outdoor office work to happen and function well were found in the physical environment, where proximity to urban greenspaces stood out as important, but also in the sociocultural and organizational domains. Of crucial importance was managers’ attitudes, as well as the overall organizational culture on this idea of bringing office work outdoors. To conclude, if working life is to benefit from outdoor office work, leaders, urban planners and policymakers need to collaborate and show the way out. (shrink)

If we are to ensure the persistence of species in an increasingly warm world, of interest is the identification of drivers that affect the ability of an organism to resist thermal stress. Underpinning any organism's capacity for resistance is a complex interplay between biological and physical factors occurring over multiple scales. Tropical coral reefs are a unique system, in that their function is dependent upon the maintenance of a coral–algal symbiosis that is directly disrupted by increases in water temperature. A (...) number of physical factors have been identified as affecting the biological responses of the coral organism under broadscale thermal anomalies. One such factor is water flow, which is capable of modulating both organismal metabolic functioning and thermal environments. Understanding the physiological and hydrodynamic drivers of organism response to thermal stress improves predictive capabilities and informs targeted management responses, thereby increasing the resilience of reefs into the future. (shrink)

In recent years, there has been tension between farmers and the Dutch government regarding sustainability policy (in the efforts to reduce the harm caused by manure surplus) and how implementing this policy affects farmers (in the form of justice concerns). We interviewed Dutch farmers to uncover how they view manure policy. We identified four types of injustices: procedural, contributive, distributive, and intergenerational. We propose that a multi-tiered approach is required to overcome these kinds of ‘wicked problems’, avoid paralysis from lack (...) of action, and overcome the flaws by overestimating the effectiveness of top-down policy. (shrink)

This paper focuses on eristic in political debate of the forensic, or confrontational, type. First, some findings on the enactment and persuasiveness of hostility in a series of Danish TV-debates 1975–85 are presented, including a list of the clearly hostile debater's characteristics and a subdivision of conspiracy arguments. This presentation serves to illustrate that hostility is less persuasive than argumentation practitioners and theorists tend to assume. Next, the widespread notion of debate as a genre half-way between the quarrel and the (...) critical discussion is challenged in a discussion of Douglas N. Walton's distinction between types of dialogue. It is maintained that the normative model of confrontational debate excludes the quarrel and that debate should not be perceived as second-rate critical discussion. (shrink)

Quarterly publication discussing various topics in environmental ethics, including features, discussion papers, book reviews, editorial commentaries, and other text related to environmental philosophies. Some issues also include announcements and other news related to the environmental studies community.

In 2015, observers argued that the fourth agricultural revolution had been initiated. This article focuses on one part of this high-tech revolution: the origin, development, applications, and user value of unmanned aerial systems (UAS). Institutional changes connected to the UAS innovation are analyzed, based on a Swedish case study. The methods included autoethnography. The theoretical frame was composed by four perspectives: innovation, institutions, sustainability, and ethics. UAS can help farmers cut costs and produce higher quantity with better quality, and also (...) has environmental benefits. However, this promising innovation was exposed to institutional forces and suddenly became subordinated the Act of Camera Surveillance. This study illuminates how legislative institutions can inhibit responsible innovation. The study shows that different ethical perspectives can collide with each other. (shrink)

In 2015, observers argued that the fourth agricultural revolution had been initiated. This article focuses on one part of this high-tech revolution: the origin, development, applications, and user value of unmanned aerial systems. Institutional changes connected to the UAS innovation are analyzed, based on a Swedish case study. The methods included autoethnography. The theoretical frame was composed by four perspectives: innovation, institutions, sustainability, and ethics. UAS can help farmers cut costs and produce higher quantity with better quality, and also has (...) environmental benefits. However, this promising innovation was exposed to institutional forces and suddenly became subordinated the Act of Camera Surveillance. This study illuminates how legislative institutions can inhibit responsible innovation. The study shows that different ethical perspectives can collide with each other. (shrink)

Boltzmannian statistical mechanics (BSM) partitions a system’s space of micro-states into cells and refers to these cells as ‘macro-states’. One of these cells is singled out as the equilibrium macro-state while the others are non-equilibrium macro-states. It remains unclear, however, how these states are characterised at the macro-level as long as only real-valued macro-variables are available. We argue that physical quantities like pressure and temperature should be treated as field-variables and show how field variables fit into the framework of our (...) own version of BSM, the long-run residence time account of BSM. The introduction of field variables into the theory makes it possible to give a full macroscopic characterisation of the approach to equilibrium. (shrink)

The ArgumentThe last two plates of Aby Warburg's unpublished picture-atlasMnemosyne, which is thought today to be among Warburg's most innovative contributions to the study of art history, are here analyzed in detail. These plates were assembled in the summer before his death in 1929; they reflect experiences of the time he spent in Rome during 1928 and 1929 and are here understood as Warburg's attempt to visualize his theory of the symbol.TheBilderatlaswas to have a two-fold function: Warburg planned it to (...) be a summary of his life's work; he also wanted its plates to reflect his theory of pictures and images. I argue here that particularly plate 79 is indeed an attempt tovisualizethe theoretical foundation of Warburg's view of the representational function of pictures. It refers to the origin of the power of images in sacrificial rituals and to the limits of this power. Warburg singles out the Eucharist and the doctrine of transsubstantiation to illustrate the role of the symbol in rituals.With this emphasis on ritual as a necessary complement for the functioning of the symbol, Warburg reaffirms his theory of the image to include the social act. This inclusion can be shown to be motivated by contemporary political concerns. (shrink)

In this book, Anthony R. D'Augelli and Charlotte J. Patterson bring together top experts to offer a comprehensive overview of what we have discovered--and what we still need to learn--about lesbian, gay, and bisexual identities.

Dans cette introduction à son livre Feminist, Queer, Crip, Alison Kafer imagine un avenir différent pour le handicap et les personnes handicapées. Remettant en question la manière dont les idées sur l’avenir et le temps ont été déployées au service d’une capacité physique et mentale obligatoire, Alison Kafer rejette l’idée du handicap comme une limite prédéterminée. Elle juxtapose des théories, des mouvements et des identités tels que la justice environnementale, la justice reproductive, la théorie cyborg, la politique queer et le (...) handicap, qui sont généralement discutés de manière isolée, et envisage de nouvelles possibilités d’avenirs crip et d’alliances féministes/queer/crip. (shrink)

Articulant genre et modernisme, des années 1890 aux années 1930, dans le périmètre européen (France, Grande-Bretagne, Allemagne, Europe de l’est) et, dans une moindre mesure, étatsunien, Gendering Modernism revisite le canon moderniste qui a souvent été pensé au masculin. Son auteure Maria Bucur, explique que la plupart des études sur ces mouvements modernistes, ou d’avant-garde, ne mobilisent pas le genre comme grille d’analyse, ont eu trop tendance à appréhender les hommes en créateurs et l...

There is an extensive literature on the allocation of medical resources in many disciplines including ethics, law, medicine, psychology and sociology (Cicognani et al., 2007; Krütli et al., 2016; P...

Taking Blair’s recent contribution to the debate about the triad as its starting point, the article discusses and challenges attempts to reduce the intricate relationship between rhetoric, dialectic and logic to a trichotomy with watertight compartments or to separate them with a single clear-cut criterion. I argue that efforts to pinpoint an essential difference, among the various typical differences partly grounded in disciplinary traditions, obscure the complexities within the fields. As a consequence, crosscutting properties of the fields as well as (...) the possibilities for theoretical bridging between them are neglected. (shrink)

Charlotte Wolff was born in Riesenburg, West Prussia into a middle-class Jewish family. She studied philosophy and then medicine at several German universities, completing her doctorate in Berlin in 1926. Working in various institutions over the next few years, she was also interested in psychotherapy and had a small private medical and psychotherapeutic practice. In 1933 she was forced to leave Germany because of the Nazi regime, and settled for a few years in Paris. As a German refugee she (...) was unable to practice medicine, so she began her research into the correlation between hand traits and personality. In 1936 she went to London to continue her research work and lived there until her death. An active lesbian from an early age, her later research turned to sexology and her writing on lesbianism and bisexuality were influential early works in the field. This is a great opportunity to rediscover her early work, including her first autobiography. (shrink)

While still subject to differing interpretations Perelman’s theory of audience has potential as an evaluative tool in rhetorical criticism as demonstrated by Gross and Crosswhite. I compare their explanations of how politicians address the universal audience and the respective implications for evaluating the argumentation and then argue that although Gross provides a more immediately applicable theory, Crosswhite’s interpretation recommends itself by virtue of its wider scope in regard to deliberative rhetoric.

_Explanation and Power _ was first published in 1988. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. The meaning of any utterance or any sign is the response to that utterance or sign: this is the fundamental proposition behind Morse Peckham's _Explanation and Power. Published_ in 1979 and now available in paperback for the first time, _Explanation and Power _grew out of Peckham's (...) efforts, as a scholar of Victorian literature, to understand the nature of Romanticism. His search ultimately led back to—and built upon—the tradition of signs developed by the American Pragmatists. Since, in Peckham's view, meaning is not inherent in word or sign, only in response, human behavior itself must depend upon interaction, which in turn relies upon the stability of verbal and nonverbal signs. In the end, meaning can be stabilized only by explanation, and when explanation fails, by force. Peckham's semiotic account of human behavior, radical in its time, contends with the same issues that animate today's debates in critical theory — how culture is produced, how meaning is arrived at, the relation of knowledge to power and of society to its institutions. Readers across a wide range of disciplines, in the humanities and social sciences, will welcome its reappearance. (shrink)

While it is generally agreed that companies need to manage their relationships with their stakeholders, the way in which they choose to do so varies considerably. In this paper, it is argued that when companies want to communicate with stakeholders about their CSR initiatives, they need to involve those stakeholders in a two-way communication process, defined as an ongoing iterative sense-giving and sense-making process. The paper also argues that companies need to communicate through carefully crafted and increasingly sophisticated processes. Three (...) CSR communication strategies are developed. Based on empirical illustrations and prior research, the authors argue that managers need to move from ‘informing’ and ‘responding’ to ‘involving’ stakeholders in CSR communication itself. They conclude that managers need to expand the role of stakeholders in corporate CSR communication processes if they want to improve their efforts to build legitimacy, a positive reputation and lasting stakeholder relationships. (shrink)

The Metaphysics of Gender is a book about gender essentialism: what it is and why it might be true.