At the International Legal Ethics Conference IV held at Stanford Law School between 15 and 17 July 2010, one of the two opening plenary sessions consisted of a panel who debated the proposition that legal ethics should be mandatory in legal education. The panel included leading legal ethics academics from jurisdictions around the world—both those where legal ethics is a compulsory part of the law degree and those where it is not. It comprised Professors Andrew Boon, Brent Cotter, Christine Parker, (...) Stephen L Pepper and Richard Wu, and was organised and chaired by Professor Kim Economides. This is an edited version of the panel's discussion. It provides a useful summary of the state of legal ethics teaching in the jurisdictions represented as well as a marshalling of the arguments for and against legal ethics as a required course in the university law degree. (shrink)

In this article we explain the specific contribution of Bar exams to the professional socialisation of Brazilian lawyer leaders through examining their changing content, particularly the coverage o...

This book, based on Jaegwon Kim's 1996 Townsend Lectures, presents the philosopher's current views on a variety of issues in the metaphysics of the mind...

In the ultimate meeting of the sublime with the ridiculous" (London Evening Standard) My Beautiful Despair blends the existential philosophy of Søren Kierkegaard with the superficial musings of Kim Kardashian West, based on the popular Twitter feed @KimKierkegaard. The love child of Søren Kierkegaard and Kim Kardashian, the @KimKierkegaard Twitter account has been admired, praised, and adored in The New Yorker, The Washington Post, The New York Times, Financial Times, The Economist, New York, Buzzfeed, and more, and has amassed nearly (...) a quarter of a million Twitter followers, including J.K. Rowling and Anna Kendrick. A mash-up of Kim's tweets and observations with Kierkegaard's philosophy, Kim Kierkegaardashian shares their musings on fashion, beauty, brunch, and the relentless waves of existential dread that wash over us day after day. Now in a humorous, illustrated gift book, perfectly suited for our existential times, Kierkegaardashian's philosophical insights are juxtaposed for the first time with Dash Shaw's brilliant black-and-white illustrations. A sample of the revelations included in My Beautiful Despair include: - I have majorly fallen off my workout-eating plan! AND it's summer. But to despair over sin is to sink deeper into it. - Obsessed with protecting your skin, lips, hair & face from the sun? Close the cover of the coffin tight, really tight, and be at peace. - I like my men like I like my coffee: a momentary comfort in the midst of all my suffering. - What is the operation by which a self relates itself to its own self, transparently? Selfie. - What if everything in life were a misunderstanding, what if laughter were really tears? Scared LOL!! - Glamour, menswear, top hat. (shrink)

In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in existing legal analyses (...) of entrapment. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

Direction of fit theories usually claim that beliefs are such that they “aim at truth” or “ought to fit” the world and desires are such that they “aim at realization” or the world “ought to fit” them. This essay argues that no theory of direction of fit is correct. The two directions of fit are supposed to be determinations of one and the same determinable two-place relation, differing only in the ordering of favored terms. But there is no such determinable (...) because of ineliminable asymmetries between the way that beliefs “aim at truth” and the way that desires “aim at realization.” This essay traces the ills of direction of fit theory to a misunderstanding of Anscombe and proposes a cure that distinguishes theoretical and practical thought by appeal to a distinction between thought in the form of a state and thought in the form of an event. (shrink)

This chapter contains sections titled: Zack's Sensitivity Zack's Race Zack's Desire Zack's Violence Music Conclusion Notes.

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

Change is inevitable, and increasingly rapid and continuous in healthcare as organizations strive to adapt, improve and innovate. Organizational change challenges healthcare providers because it restructures how and when patient care delivery is provided, changing ways in which nurses must carry out their work. The aim of this doctoral study was to explore frontline nurses’ experiences of living with rapid and continuous organizational change. A critical hermeneutic approach was utilized. Participants described feeling voiceless, powerless and apolitical amidst rapid and continuous (...) organizational changes which fuelled apathy, cynicism and disengagement from the organization. However, critical analysis of the data showed that nurses actively engaged with power, voice and politics through resistant and transgressive behaviours in micro‐ethical moments of practice. There is a need to reconceptualize the concepts of voice, power and politics in nursing as there is dissonance between nurses’ beliefs about these concepts and what they are enacting in practice. Recognizing their enactment of power, voice and political agency at the micro‐level may empower nurses. Empowerment would mitigate the high levels of reports of powerlessness experienced in practice during organizational changes. (shrink)

필자는 본 논문에서 귀납의 문제와 관련하여 흄이 『인성론』 1권에서 이성을 통하여서는 이를 정당화 할 수 없다고 주장한 것으로 해석하는 기존의 회의주의적 해석을 비판적으로 검토한다. 필자의 견해에 따르면, 흄이 『인성론』 1권에서 비판의 대상으로 삼고 있는 것은 인과 추론의 정당성 문제 그 자체가 아니라, 무비판적으로 받아들여져 온 무오류적 이성 개념이다. 흄은 이 무오류적 이성 개념을 부정하고, 이성을 넓은 의미에서의 상상력 아래로 포섭 시킨 후, 그 안에서 무작위로 작동하는 좁은 의미에서의 상상력과 개연성의 논리에 따라 작동하는 이성을 구분함으로써, 인과 추론을 정당화하는 새로운 길을 열고 (...) 있다. 따라서, 흄은 『인성론』 1권에서 인과 추론의 정당성을 부정하고 더 나아가 총체적 회의주의로 빠져드는 것이 아니라, 이성 개념을 새롭게 정립함으로써 오히려 총체적 회의 주의로 빠지지 않고 새로운 방식으로 인과 추론의 정당성을 확보하는 시도를 하고 있는 것이다. 이와 같은 필자의 해석은 『인성론』 1권과 『인성론』 2권, 3권을 단절적으로 해석하지 않고, 오히려 『인성론』 1권에서의 논의가 『인성론』 2권과 3권의 초석이 되어줌을 잘 드러내 보여준다. 다시 말해, 흄이 『인성론』 1권에서 주장하는 바, “우리의 감각들을 넘어서서 추적될 수 있고, 우리가 볼 수 없고 느낄 수 없는 존재들과 대상들을 우리들에게 알려주는 유일한 것은 인과이다”라고 하는 흄의 언명이 『인성론』 2권과 3권에서의 대상 세계에 대한 논의의 출발점이 되어주는 것이다. -/- This paper argues against the common interpretation that, in Book I of the Treatise, Hume attempts to show that inductive arguments concerning matters of fact cannot be justified by reason. It is true that he argues that inductive arguments cannot be justified by the traditional concept of infallible reason. However, it is important to note that contra to the traditional understanding of reason as infallible, he takes it to be open to errors by classifying it under the category of imagination in a broad sense. He then makes a distinction between reason as “the general and more establish’d properties of the imagination” and imagination as a narrow sense. From this, the paper concludes he attempts to justify inductive arguments concerning matters of fact by redefining reason as open to errors. That is, although inductive arguments cannot be justified by probable reasoning in terms of the traditional concept of infallible reason, the former can be justified by the logic of probability, which he calls “general rules” in terms of Hume’s concept of error-prone reason. (shrink)

Che 1-p'yŏn. Ch'ŏndo wa inbŏp (inbŏpch'ŏn) -- 1. Kodae Chungguk ŭi inbŏpch'ŏn ch'ŏrhak sasang -- 2. Sŏnjin sidae ch'ŏnmyŏnggwan ŭi chŏn'gae -- 3. Sŏnjin sidae chŏnt'ong chaeigwan -- 4. Kunju wa minbon : Sŏnjin sidae kunju, minbollon kwa chŏhang, hyŏngmyŏng sasang -- 5. Ch'ŏndo ŭi naeyong kwa inbŏp ŭi panyŏng - Che 2-p'yŏn. Hangsang kwa pyŏnhwa -- 1. To ŭi hangsangsŏng kwa pyŏnhwasŏng -- 2. Pŏp ŭi hangsangsŏng kwa pyŏnhwasŏng -- 3. Pŏpchesasang hangsang kwa pyŏnhwa -- 4. Ch'im Ka-bon kwa (...) Yang Kye-ch'o ŭi pyŏnbŏmnon pigyo -- Che 3-p'yŏn. P'yŏnghwa ŭi pŏp kwa yebang pŏphak : punjaeng ŭi p'yŏnghwa haegyŏl kwa yebang. (shrink)

The question of justice -- Foundational matters -- Plato: a moral universe -- Aristotle: the virtuous life -- The inquiry into justice -- The moral inquiry -- Values -- The nature of the polity -- Debates of justice -- The nature of justice -- Individual rights and responsibilities -- International relations -- Future lives.

Is Anscombean practical knowledge independent of what the agent actually does on an occasion? Failure to understand Anscombe’s answer to this question is a major obstacle to appreciating the subtlety and plausibility of her view. I argue that Anscombe’s answer is negative, and turns on the nature of mistakes in performance, and reveals a distinctive implicit metaphysics of mind and knowledge, structured by related capacities and exercises of capacities. If my interpretation is correct, then practical knowledge shares features with knowledge-how (...) and knowledge-that, but deserves its own epistemic category. (shrink)

The aim of the present study was to investigate the association between work-related moral stress, moral climate and moral sensitivity in mental health nursing. By means of the three scales Hospital Ethical Climate Survey, Moral Sensitivity Questionnaire and Work-Related Moral Stress, 49 participants’ experiences were assessed. The results of linear regression analysis indicated that moral stress was determined to a degree by the work place’s moral climate as well as by two aspects of the mental health staff’s moral sensitivity. The (...) nurses’ experience of ‘moral burden’ or ‘moral support’ increased or decreased their experience of moral stress. Their work-related moral stress was determined by the job-associated moral climate and two aspects of moral sensitivity. Our findings showed an association between three concepts: moral sensitivity, moral climate and moral stress. Despite being a small study, the findings seem relevant for future research leading to theory development and conceptual clarity. We suggest that more attention be given to methodological issues and developing designs that allow for comparative research in other disciplines, as well as in-depth knowledge of moral agency. Copyright © 2011 by SAGE Publications. (shrink)

Ch'aek mŏri e -- 1. Ch'oe Han-gi ŭi sam kwa kŭ ŭi sidae -- 2. Silchŭng kwa siryong ŭi sirhakchŏk hangmun'gwan -- 3. Chujahak pip'an kwa Kihak ŭi hyŏngsŏng -- 4. Sŏyang kwahak kisul ŭi suyong kwa Kihakchŏk pyŏnyong -- 5. Insingnon ŭi chŏnhwan kwa kaekkwan insik ŭi pangbŏmnon -- 6. T'al Chujahakchŏk sayu ŭi chŏn'gae wa segye p'yŏnghwaron -- Kyŏllon : Chosŏn hugi Sirhak kwa Ch'oe Han-gi ŭi ch'ŏrhak.

1. Yŏhaeng e nasŏgi kkaji -- 2. Ch'ŏng cheguk ŭi sudo esŏ -- 3. Hangju se sŏnbi waŭi kyoyu -- 4. Chonmyŏng ŭisik kwa ujŏngnon -- 5. Sasangjŏk pyŏnhwa.

The present paper attempts to provide an exact truthmaker semantical analysis of modalized propositions. According to the present proposal, an exact truthmaker for “Necessarily _P_” is a state that bans every exact truthmaker for “Not _P_”, and an exact truthmaker for “Possibly _P_” is a state that allows an exact truthmaker for _P_. Based on this proposal, a formal semantics will be developed; and the soundness and completeness results for a well-known family of the systems of normal modal propositional logic (...) will be established. It shall be seen that the present analysis offers an exactification of the standard Kripke semantics in the sense that it analyzes the accessibility relation between possible worlds in terms of the banning and allowing relations between the constituent states, and thereby gives an account of “truth at a possible world” in terms of exact truthmaking. (shrink)

1. Chŏngch'i ch'ŏrhak kwa chŏngsin punsŏkhak ŭi mannam -- 2. Han'gugin ŭi chamjae ŭisik kwa chŏngch'i pyŏngni.

The aim of this Swedish study was to develop the concept of moral sensitivity in health care practice. This process began with an overview of relevant theories and perspectives on ethics with a focus on moral sensitivity and related concepts, in order to generate a theoretical framework. The second step was to construct a questionnaire based on this framework by generating a list of items from the theoretical framework. Nine items were finally selected as most appropriate and consistent with the (...) research team’s understanding of the concept of moral sensitivity. The items were worded as assumptions related to patient care. The questionnaire was distributed to two groups of health care personnel on two separate occasions and a total of 278 completed questionnaires were returned. A factor analysis identified three factors: sense of moral burden, moral strength and moral responsibility. These seem to be conceptually interrelated yet indicate that moral sensitivity may involve more dimensions than simply a cognitive capacity, particularly, feelings, sentiments, moral knowledge and skills. (shrink)