This case note considers the Court of Appeal decision in Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705. It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. The House of Lords decision in Barclays Bank v O'Brien [1994] A.C. 180 has given rise to a range of litigation (...) in this area, and the spotlight has now moved from the banks to an examination of the quality of advice given by solicitors. The banks have heeded the warnings in O'Brien and now insist that wives are told to obtain independent legal advice. It will be seen that, following Etridge, if the bank tells the solicitor to give the wife legal advice upon undertaking the transaction, that will be sufficient to protect the bank, notwithstanding that the advice was either inadequate or even not actually given. The onus to ensure that proper advice is given is shifted squarely on to the solicitor. The note concludes that the decision is indicative of the shift of judicial opinion against wives seeking to avoid charges over matrimonial homes and in favour of banks. (shrink)

While the bioethics literature demonstrates that the field has spent substantial time and thought over the last four decades on the goals, methods, and desired outcomes for service and training in bioethics, there has been less progress defining the nature and goals of bioethics research and scholarship. This gap makes it difficult both to describe the breadth and depth of these areas of bioethics and, importantly, to gauge their success. However, the gap also presents us with an opportunity to define (...) this scope of work for ourselves and to help shape the broader conversation about the impact of academic research. Because of growing constraints on academic funding, researchers and scholars in many fields are being asked to demonstrate and also forecast the value and impact of their work. To do that, and also to satisfy ourselves that our work has meaningful effect, we must understand how our work can motivate change and how that change can be meaningfully measured. In a field as diverse as bioethics, the pathways to and metrics of change will likewise be diverse. It is therefore critical that any assessment of the impact of bioethics research and scholarship be informed by an understanding of the nature of the work, its goals, and how those goals can and ought to be furthered. In this paper, we propose a conceptual model that connects individual bioethics projects to the broader goals of scholarship, describing the translation of research and scholarly output into changes in thinking, practice, and policy. One of the key implications of the model is that impact in bioethics is generally the result of a collection of projects rather than of any single piece of research or scholarship. Our goal is to lay the groundwork for a thoroughgoing conversation about bioethics research and scholarship that will advance and shape the important conversation about their impact. (shrink)

In Why Some Things Should Not Be for Sale, philosopher Debra Satz takes a penetrating look at those commodity exchanges that strike most of us as problematic. What considerations, she asks, ought to guide the debates about such markets? What is it about a market involving prostitution or the sale of kidneys that makes it morally objectionable? How is a market in weapons or pollution different than a market in soybeans or automobiles? Are laws and social policies banning the (...) more noxious markets necessarily the best responses to them? Satz contends that categories previously used by philosophers and economists are of limited utility in addressing such questions because they have assumed markets to be homogenous. Accordingly, she offers a broader and more nuanced view of markets--one that goes beyond the usual discussions of efficiency and distributional equality--to show how markets shape our culture, foster or thwart human development, and create and support structures of power. (shrink)

Challenges Beauvoir's self-portrait and argues that she was a philosopher in her own right.

Feminist theory is a central strand of cultural studies. This book explores the history of feminist cultural studies from the early work of Mary Wollstonecraft, Charlotte Perkins Gilman, Virginia Woolf, Simone de Beauvoir, through the 1970s Women's Liberation Movement. It also provides a comprehensive introduction to the contemporary key approaches, theories and debates of feminist theory within cultural studies, offering a major re-mapping of the field. It will be an essential text for students taking courses within both cultural studies and (...) women's studies departments. (shrink)

In The Enemies of Perfection, author Debra Candreva argues that Plato's philosophy is among the most important influences on Oakeshott's thought, with his debts to Plato far outweighing his criticisms. Further, Candreva's examination of Oakeshott's treatment of Plato forms the basis of an argument against the view that a radical gap between ancient and modern thought renders ancient philosophy either inaccessible or irrelevant to current thinking.

India has a long, rich, and diverse tradition of philosophical thought, spanning some two and a half millenia and encompassing several major religious traditions. Now, in this intriguing introduction to Indian philosophy, the diversity of Indian thought is emphasized. It is structured around six schools of thought that have received classic status. Sue Hamilton explores how the traditions have attempted to understand the nature of reality in terms of inner or spiritual quest and introduces distinctively Indian concepts, such as karma (...) and rebirth. She also explains how Indian thinkers have understood issues of reality and knowledge-issues that re also an important part of the Western philosophical tradition. (shrink)

For many people "animal rights" suggests campaigns against factory farms, vivisection or other aspects of our woeful treatment of animals. Zoopolis moves beyond this familiar terrain, focusing not on what we must stop doing to animals, but on how we can establish positive and just relationships with different types of animals.

We present an instrument developed to explain to students the concept of the personal ethical threshold (PET). The PET represents an individual’s susceptibility to situational pressure in his or her organization that makes moral behavior more personally difficult. Further, the PET varies according to the moral intensity of the issue at hand, such that individuals are less vulnerable to situational pressure for issues of high moral intensity, i.e., those with greater consequences for others. A higher PET reflects an individual’s greater (...) likelihood of adhering to the morally correct path, even in the face of high situational pressures (personal costs) and low moral intensity (collective importance). PET questionnaires were completed by 506 students representing eight business schools throughout the United States. Relationships between respondents’ PET and their gender, age, and major field of study, as well as the geographical location of their school, are explored. Results indicate that older students have higher PETs and that students attending schools in the northeastern part of the United States have lower PETs. These findings are discussed. It is argued that the PET instrument can be used to help students identify organizational pressures and intrapersonal processes that can impede their moral behavior in organizations. (shrink)

We present an instrument developed to explain to students the concept of the personal ethical threshold. The PET represents an individual's susceptibility to situational pressure in his or her organization that makes moral behavior more personally difficult. Further, the PET varies according to the moral intensity of the issue at hand, such that individuals are less vulnerable to situational pressure for issues of high moral intensity, i.e., those with greater consequences for others. A higher PET reflects an individual's greater likelihood (...) of adhering to the morally correct path, even in the face of high situational pressures and low moral intensity. PET questionnaires were completed by 506 students representing eight business schools throughout the United States. Relationships between respondents' PET and their gender, age, and major field of study, as well as the geographical location of their school, are explored. Results indicate that older students have higher PETs and that students attending schools in the northeastern part of the United States have lower PETs. These findings are discussed. It is argued that the PET instrument can be used to help students identify organizational pressures and intrapersonal processes that can impede their moral behavior in organizations. (shrink)

Having a self is associated with important advantages for an organism.These advantages have been suggested to include mechanisms supporting elaborate capacities for planning, decision-making, and behavioral control. Acknowledging such functionality offers possibilities for obtaining traction on investigation of neural correlates of selfhood. A method that has potential for investigating some of the brain-based properties of self arising in behavioral contexts varying in requirements for such behavioral guidance and control is functional brain imaging. Data obtained with this method are beginning to (...) converge on a set of brain areas that appear to play a significant role in permitting conscious access to representational content having reference to self as an embodied and independent experiencer and agent. These areas have been identified in a variety of imaging contexts ranging from passive state conditions in which they appear to manifest ongoing activity associated with spontaneous and typically ‘self-related’ cognition, to tasks targeting explicitly experienced properties of self, to demanding task conditions where activity within them is attenuated in apparent redirection of cognitive resources in the service of task guidance and control. In this paper, these data will be reviewed and a hypothesis presented regarding a significant role for these areas in enabling degrees of self-awareness and participating in the management of such behavioral control. (shrink)

Neuroenhancement involves the use of neurotechnologies to improve cognitive, affective or behavioural functioning, where these are not judged to be clinically impaired. Questions about enhancement have become one of the key topics of neuroethics over the past decade. The current study draws on in-depth public engagement activities in ten European countries giving a bottom-up perspective on the ethics and desirability of enhancement. This informed the design of an online contrastive vignette experiment that was administered to representative samples of 1000 respondents (...) in the ten countries and the United States. The experiment investigated how the gender of the protagonist, his or her level of performance, the efficacy of the enhancer and the mode of enhancement affected support for neuroenhancement in both educational and employment contexts. Of these, higher efficacy and lower performance were found to increase willingness to support enhancement. A series of commonly articulated claims about the individual and societal dimensions of neuroenhancement were derived from the public engagement activities. Underlying these claims, multivariate analysis identified two social values. The Societal/protective highlights counter normative consequences and opposes the use enhancers. The Individual/proactionary highlights opportunities and supports use. For most respondents these values are not mutually exclusive. This suggests that for many neuroenhancement is viewed simultaneously as a source of both promise and concern. (shrink)

This paper examines the problem of vituperative feedback from peer reviewers. We argue that such feedback is morally unacceptable, insofar as it humiliates authors and damages their dignity. We draw from social-psychological research to explore those aspects of the peer-review process in general and the anonymity of blind reviewing in particular that contribute to reviewers’ humiliating comments. We then apply Iris Murdoch's ideas about a virtuous consciousness and humility to make the case that peer referees have a moral obligation not (...) to humiliate the authors whose work they review. (shrink)

Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...) I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)

This book offers practical advice for legal professionals to optimize cognitive fitness and protect their brain from the damaging effects of chronic stress. Drawing on the latest research in neuroscience and psychology, it provides actionable information to help readers thrive amidst the demands and stressors of the legal profession.

The hypothesis that excessive early infant crying evolved to reduce the risk of withdrawal of parental care is disputed on the grounds that excessive infant crying is irritating and imposes fitness losses rather than gains. Alternative explanations for the early crying curve that take into account development on the part of the infant and the emerging infant-caregiver bond are proposed.

The mystery of the rise of the affirmative, declarative (periphrastic) use of do in the thirteenth century and its decline by the start of the eighteenth century remains one of the principal unsolved problems for linguists working in historical research. Some of the main arguments on the origins of do discuss the needs of poetic rhyme (e.g., Engblom 1938), the positioning of the adverb (e.g., Ogura 1993), the elimination of awkward consonant clusters (e.g., Stein 1990), and the ambiguities of object (...) referents in questions (Hudson 1997), much of the earlier historical research relying on hypotheses relating to internal problems of the system. The present study examines the early causative origins of do, viewed from a diachronic, construction-based approach, and offers an explanation in which the reanalysis and subsequent loss of do as a declarative, affirmative auxiliary took place via a process known as hyperanalysis (Croft 2000), resulting in the gradual process of co-lexicalization of the causative verb meaning within the semantics of the main verb across an ever-increasing range of main verb environments. (shrink)

This article is concerned with the complex role of assessment in the character development of graduate students in seminary education. It presents the current curricular approach of Denver Seminary to mentored, contextual formation and the variety of assessment strategies that support the growth of individual students and a culture of integrated learning in the institution. Rather than directing assessment strategies on individual character qualities, we argue for the efficacy of assessing the enabling conditions for character growth expressed in the andragogic (...) elements of adult learning skills. Within this model, learning proves to be expansive enough for the contemporary seminary student who has a sense that it is up to them to prepare for and create the work they dream of within a changing culture. (shrink)

Dissecting Bioethics, edited by Tuija Takala and Matti Hayry, welcomes contributions on the conceptual and theoretical dimensions of bioethics. The department is dedicated to the idea that words defined by bioethicists and others should not be allowed to imprison people’s actual concerns, emotions, and thoughts. Papers that expose the many meanings of a concept, describe the different readings of a moral doctrine, or provide an alternative angle to seemingly self-evident issues are particularly appreciated. To submit a paper or to discuss (...) a suitable topic, contact Tuija Takala [email protected].:This article examines some of the assumptions and implications associated with the Belmont era context in which the concept of therapeutic misconception was forged. We argue that the justification of therapeutic misconception should be reconsidered based on less paternalistic and more participatory models of research. Finally, we identify conceptual and practical approaches that might better reflect contemporary research practice. (shrink)

This book brings together some of the best minds in neurology and philosophy to discuss the concept of personal identity and the moral dimensions of treating ...

At the end of their article in the September 2014 issue of the Journal of Business Ethics, Douglas R. May, Matthew T. Luth, and Catherine E. Schwoerer state that they are “hopeful in outlook” about the “evidence that business ethics instructors are….able to encourage students…to develop the courage to come forward even when pressures in organizations dictate otherwise”. We agree with May et al. that it is essential to augment students’ moral courage. However, it seems overly optimistic to believe that (...) this improvement will result from any course in business ethics. Indeed, we question the appropriateness of their measure of moral courage and assert that business ethics educators must purposely design their courses to develop students’ moral courage. In particular, we advocate introducing business ethics students to works of literature featuring protagonists who exercise moral courage in organizations. Fiction provides rich accessible narratives that show students worlds beyond their experience, awaken their imaginations, and evoke their emotions. Further, we highlight morally courageous exemplars because they inspire the cultivation of character. Joining those who underscore the role of virtue in business ethics education, we argue that exposure to moral exemplars in fiction will help students to build the moral courage they need to carry out ethical decisions in the workplace. Results from 46 students at the end of an MBA ethics course featuring moral courage provide preliminary evidence of the effectiveness of our approach. (shrink)

This book presents a unique classification and review of various mental health and learning issues. The authors link current education and child and youth mental health reforms to make the case for improving services to address barriers to learning.

This essay examines what it means to be embodied members of the Body of Christ, exploring the metaphor in 1 Corinthians 12:12–27 in terms of gender, race/ethnicity, variant embodiment, abused bodies, and sexual bodies.

Because it consists of an entire family of specific theories derived from the same first principles, rational choice offers one approach to generate explanations that provide for micro-macro links, and to attack a wide variety of empirical problems in macrosociology. The aims of this paper are (1) to provide a bare skeleton of all rational choice arguments; (2) to demonstrate their applicability to a range of macrosociological concerns by reviewing a sample of both new and classic works; and (3) to (...) discuss the weaknesses of current rational choice theory and the possibilities for its future development. (shrink)

A biography of the philosopher Friedrich Nietzsche.

The People of Plato is the first study since 1823 devoted exclusively to the identification of, and relationships among, the individuals represented in the complete Platonic corpus. It provides details of their lives, and it enables one to consider the persons of Plato's works, and those of other Socratics, within a nexus of important political, social, and familial relationships. Debra Nails makes a broad spectrum of scholarship accessible to the non-specialist. She distinguishes what can be stated confidently from what (...) remains controversial and--with full references to ancient and contemporary sources--advances our knowledge of the men and women of the Socratic milieu. Bringing the results of modern epigraphical and papyrological research to bear on long-standing questions, The People of Plato is a fascinating resource and valuable research tool for the field of ancient Greek philosophy and for literary, political, and historical studies more generally. In discrete sections, Nails discusses systems of Athenian affiliation, significant historical episodes that link lives and careers of the late fifth century, and their implications for the dramatic dates of the dialogues. The volume includes a rich array of maps, stemmata, and diagrams, plus a glossary, chronology, plan of the agora in 399 B.C.E., bibliography, and indices. (shrink)

Rape, traditionally a spoil of war, became a weapon of war in the ethnic cleansing campaign in Bosnia. The ICTY Kunarac court responded by transforming wartime rape from an ignored crime into a crime against humanity. In its judgment, the court argued that the rapists violated the Muslim women’s right to sexual self-determination. Announcing this right to sexual integrity, the court transformed women’s vulnerability from an invitation to abuse into a mark of human dignity. This close reading of the trial, (...) guided by the phenomenological themes of the lived body and ambiguity, feminist critiques of the autonomous subject and the liberal sexual/social contract, critical legal theory assessments of human rights law and institutions, and psychoanalytic analyses of the politics of desire, argues that the court, by validating women’s epistemic authority (their right to establish the meaning of their experience of rape) and affirming the dignity of the vulnerable body (thereby dethroning the autonomous body as the embodiment of dignity), shows us that human rights instruments can be used to combat the epidemic of wartime rape if they are read as de-legitimating the authority of the masculine autonomous subject and the gender codes it anchors. (shrink)