Historically, academic journals have served a different purpose than the Academy itself. Journals have served as privileged sites for the articulation and concretization of specific modes of knowledge and control.

This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

This thesis examines some mind-body problems traditionally ascribed to Descartes' philosophy. One such problem focuses on inconsistencies in Descartes' general causal claims. Another problem, first put forward by Simon Foucher, concerns Descartes' purported espousal of the following inconsistent triad: mind-body causal interaction, mind-body distinctness, and "the causal likeness principle." The final problem is one regarding free will and determinism. ;In the first Chapter I examine the content and number of Descartes' causal principles. An analysis of the main concepts used in (...) these principles, for example, "perfection," "eminent containment," and "formal containment," is provided. This examination includes a discussion of some medieval antecedents of these concepts. I argue that there is no blatant inconsistency generated by Descartes' causal claims. ;In the second chapter I utilize the analysis of "eminent containment" to show that Descartes was not committed to a "causal likeness principle." Since this principle is crucial for generating the "Foucher mind-body problem," I thus demonstrate that this problem is not one that applies to Descartes' philosophy. ;In this chapter I also examine Descartes' views about the details of psycho-physical change. While there is no blatant inconsistency among these views, I show that Descartes is committed to the inexplicability and indeterminism of the acts of the will. This presents a problem given Descartes' acceptance of psycho-physical interaction and of Laplace-like determinism. ;In the final chapter I argue that Descartes could have avoided this problem by denying Laplacean determinism, but since he lacks a clear position on the matter, it is not the move he himself makes. I also show how Descartes vacillates between a compatibilist and an incompatibilist view of free will. (shrink)

Everyday there are revelations of organizations behaving in discreditable ways. Sometimes these actions result in damage to an organization's reputation, but often they do not. In this article, we examine the question of why external stakeholders may overlook disclosed discreditable actions, even those entailing ethical breaches. Drawing on stigmatization theory, we develop a model to explain the likelihood of reputational loss following revelations of discreditable actions. The model integrates four properties of actions (perceived control, perceived certainty, perceived threat, and perceived (...) deviance), stakeholder motivation, and media coverage. Implications for theory and for practitioners concerned with reputation management are discussed. (shrink)

Theory of health care ethics -- Principles of health care ethics -- The moral status of gametes and embryos : storage and surrogacy -- The ethical challenges of the new reproductive technology -- Ethics and aging in America -- -- Healthcare ethics committees : roles, memberships, structure, and difficulties -- Ethics in the management of health information systems -- Technological advances in health care : blessing or ethics nightmare? -- Ethics and safe patient handling and mobility -- Spirituality and healthcare (...) organizations -- A new era of health care : the ethics of healthcare reform -- Health inequalities and health inequities -- The ethics of epidemics -- Ethics of disasters : planning and response -- Domestic violence : changing theory, changing practice -- Looking toward the future. (shrink)

Public accounting firms can build integrity within their organizations through early detection of fraud. One way to reduce and detect fraud is to encourage whistleblowing as a prosocial behavior. We explore the impact of mentoring on intention to report fraud. A survey with 120 responses from the US public accountants suggests that quality mentoring relationships, a common feature in the profession, and caring ethical climate positively relate to internal reporting of fraud. Two intermediate variables, trust and affective commitment, mediate these (...) effects. Mentor-relationship quality also increases perceptions of caring ethical climate. The study contributes to two bodies of research by finding extended benefits from mentoring, beyond those typically discussed in academic literature; and identifying a previously unexplored firm intervention capable of positively influencing prosocial behavior and combating fraud. (shrink)

Obstructive sleep apnea (OSA) severely impacts sleep and has long-term health consequences. Treating sleep apnea with continuous positive airway pressure (CPAP) not only relieves obstructed breathing, but also improves sleep. CPAP improves sleep by reducing apnea-induced awakenings. CPAP may also improve sleep by enhancing features of sleep architecture assessed with electroencephalography (EEG) that maximize sleep depth and neuronal homeostasis, such as the slow oscillation and spindle EEG activity, and by reducing neurophysiological arousal during sleep (i.e., beta EEG activity). We examined (...) cross-sectional differences in quantitative EEG characteristics of sleep, assessed with power spectral analysis, in 29 adults with type 2 diabetes treated with CPAP and 24 adults undergoing SHAM CPAP treatment (total n = 53). We then examined changes in spectral characteristics of sleep as the SHAM group crossed over to active CPAP treatment (n = 19). Polysomnography (PSG) from the CPAP titration night was used for the current analyses. Analyses focused on EEG frequencies associated with sleep maintenance and arousal. These included the slow oscillation (0.5–1 Hz), sigma activity (12–16 Hz, spindle activity), and beta activity (16–20 Hz) in F3, F4, C3, and C4 EEG channels. Whole night non-rapid eye movement (NREM) sleep and the first period of NREM spectral activity were examined. Age and sex were included as covariates. There were no group differences between CPAP and SHAM in spectral characteristics of sleep architecture. However, SHAM cross-over to active CPAP was associated with an increase in relative 12–16 Hz sigma activity across the whole night and a decrease in average beta activity across the whole night. Relative slow oscillation power within the first NREM period decreased with CPAP, particularly for frontal channels. Sigma and beta activity effects did not differ by channel. These findings suggest that CPAP may preferentially enhance spindle activity and mitigate neurophysiological arousal. These findings inform the neurophysiological mechanisms of improved sleep with CPAP and the utility of quantitative EEG measures of sleep as a treatment probe of improvements in neurological and physical health with CPAP. (shrink)

Conspiracy theories have become a ubiquitous feature of contemporary culture. From a communication studies perspective, conspiracy theories undermine democratic communication by misleading the publ...

This paper addresses the question of how literary andphilosophical thinking can converge in experience of a literary work. Peter Lamarque and Stein Haugom Olsen, in Truth, Fiction, and Literature,dispute this possibility, and this discussion responds to their view, withparticular attention to their account of thematic interpretation. Thematicinterpretation is presented here as involving thought about the reasonsbehind a work’s use of its content and other features. Those reasons havean implicit generality that allows us to move from literary specificity togeneral, philosophically significant (...) thought. Philosophy’s need for thekind of thinking supported by literature, exploring pa. (shrink)

John Rist's What Is a Person? is a scholarly, rich, and trenchant study of the history of the concept of personhood in Western thought. However, its sharp critique of modern and postmodern accounts of personhood, though thought-provoking, also uses jarringly polemical language, which further undermines the book's flawed overall argument. The first section, "Constructing the Mainline Tradition," carefully mines ancient and medieval sources, tracing with nuance and complexity the different threads in the notion of person. The threads are religious, philosophical, (...) legal, and literary, and the philosophical sources are multiple. Rist does not privilege Boethius's definition in Contra Eutychem et Nestorium of person as... (shrink)

Public, private, non-profit and for-profit nursing education enterprises in the U.S. are competing with one another in a newly complex and volatile educational landscape, placing academic leaders into situations fraught with moral, ethical and legal compromise with few precedents for guidance. This case study provides a richly contextualized narrative exploration of ethical and legal challenges to one leader’s moral courage, a fictionalized exploration drawn from multiple sources over time, to form a composite that is nonetheless firmly rooted in the complexity (...) and competitiveness characteristic of nursing education today. Our purpose is three-fold: 1) to direct the reader to moral and ethical questions that require thoughtful discourse and analysis among current and future academic nursing leaders; 2) to raise the issue of the need for regulations and oversight that reflect the changing realities of today’s increasingly complex and competitive educational arena; and 3) to encourage nursing education leaders to share additional cases that resonate for them, and in so doing, to expand the wellspring of ideas from which we can all draw in becoming more effective and morally courageous leaders. (shrink)

Kit Fine and Gideon Rosen propose to define constitutive essence in terms of ground-theoretic notions and some form of consequential essence. But we think that the Fine–Rosen proposal is a mistake. On the Fine–Rosen proposal, constitutive essence ends up including properties that, on the central notion of essence, are necessary but not essential. This is because consequential essence is closed under logical consequence, and the ability of logical consequence to add properties to an object’s consequential essence outstrips the ability of (...) ground-theoretic notions, as used in the Fine–Rosen proposal, to take those properties out. The necessary-but-not-essential properties that, on the Fine–Rosen proposal, end up in constitutive essence include the sorts of necessary-but-not-essential properties that, others have noted, end up in consequential essence. (shrink)

Catholic employers and employees have been under increasing attack in the last fifty years by a growing number of public policy encroachments in the workplace that are in direct conflict with their religious convictions. In some instances, these threats have been successfully parried. Others remain a source of serious conflict. This article will summarize highlights of the last fifty years of public policy and jurisprudence as they relate to the ability of Catholic institutions to practice and enforce non-negotiable Catholic moral (...) doctrines. (shrink)

This paper takes meals, rather than food itself, as its focus. Meals incorporate the project of nutrition into human life, but it is a contingent matter that we nourish ourselves in this way. This paper defends the importance of meals as meaning-makers and contrasts them with art in that regard. Meals and art represent interestingly different extremes with respect to how needs for meaning are met. Artworks ask for coordination of experience, understanding and appreciation: the meaning of art is to (...) be experienced. The meaning of meals is enacted and accumulates collectively, but need not be experienced. (shrink)

In this paper I argue for the use of Deleuzian theories in educational contexts. In particular, I am interested in the use of the concept of rhizomes, and the analysis of texts as rhizomes, drawing on Deleuze and Guattari's work in A Thousand Plateaus. I discuss the possibilities for using rhizomatics in educational contexts through an exploration of the construction of an 'apparatus of social critique'. I then describe a rhizomatic understanding of the relationships between teachers and policy texts, which (...) can disrupt commonsense understandings of these relations. I provide examples from my own research of a rhizo-textual analysis of policy texts. This rhizo-textual analysis involved an exploration of the construction of the subject position, teacher, within one policy text, as well as a mapping of two teachers' readings of this text. The paper concludes with a discussion of the implications for using Deleuzian theory in educational contexts, implications for both policy developers and educational researchers. (shrink)

The essay examines Anselm’s De libertate arbitrii and De casu diaboli, arguing that the points made about the will and free choice are mirrored in the questions and struggles of the student interlocutor in the dialogues. In contrast to Plato and Aristotle, who want to bring us to see that virtue is the path to happiness, Anselm wants to show that we have free choice and are responsible for not choosing rightly (i.e., choosing justice for its own sake), and that (...) human beings are autonomous but also finite and flawed. For this kind of learning, not just reasoning but insight and self-examination are required, a process reflected in the very human will, willfulness, and weakness of the student as he engages with his teacher. (shrink)

This case study examines the failure of top management at Putnam to exercise ethical behavior in the face of their clear knowledge of corruption in the company. Market timing by employees was expressly forbidden by Putnam. Six employees, including two portfolio managers, repeatedly engaged in market timing activities from 1998 to 2003, garnering over a million dollars in personal profit. The CEO and key senior executives had factual knowledge of the abuses. Management failed to stop the abuses or to discipline (...) those involved until faced with charges from government regulators. By failing to do so, top management breached ethical duties to its shareholders and inflicted serious damage on the organization. The end results of top management's failure to address ethical violations were significant outflow of assets from Putnam's funds, payment of penalties, and loss of trust among investors. This case raises awareness about ethical issues surrounding mutual fund trading practices and the impact that top management can have on the ethical behavior of employees. (shrink)

The standard argument for the existence of distinctively mathematical objects like numbers has two main premises: some mathematical claims are true, and the truth of those claims requires the existence of distinctively mathematical objects. Most nominalists deny. Those who deny typically reject Quine’s criterion of ontological commitment. I target a different assumption in a standard type of semantic argument for. Benacerraf’s semantic argument, for example, relies on the claim that two sentences, one about numbers and the other about cities, have (...) the same grammatical form. He makes this claim on the grounds that the two sentences are superficially similar. I argue that these grounds are not sufficient. Other sentences with the same superficial form appear to have different grammatical forms. I offer two plausible interpretations of Benacerraf’s number sentence that make use of plural quantification. These interpretations appear not to incur ontological commitments to distinctively mathematical objects, even assuming Quine’s criterion. Such interpretations open a new, plural strategy for the mathematical nominalist. (shrink)

Inspired by the report, Reimagining our Futures Together. A New Social Contract for Education, which warns that humanity and planet Earth are under threat, but acknowledges that education has the power to bring about profound change, this article makes the case for giving careful consideration both to Paul Ricœur’s reflections on humanity and human capacities, and to his comments on “true education” and the educational value of poetic thought. To get a sense of where scientific-technological civilization is headed, it draws (...) on the work of Allen Buchanan and Dominique Janicaud. It then examines Ricœur’s account of the essential characteristics of education and his thoughts on the roles of families and teachers. It argues that Ricœur’s proposal for the cultivation of an “ethical consciousness” offers greater protection for humanity in an uncertain future than Janicaud and Buchanan’s proposals for “ethical vigilance” and rules-based protective measures. (shrink)