A considerable literature exists regard-ing the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper."This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the application (...) of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.". (shrink)

A considerable literature exists regarding the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper." This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the (...) application of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.". (shrink)

Australian prisons are overpopulated with people suffering from numerous health problems. COVID-19 presents a significant threat to prisoner health. This article examines the current regulatory responses from Australian state and territory governments to COVID-19 and a recent case which tested the human rights of prisoners during a pandemic.

We describe the case of an eighty‐four‐year‐old man with disseminated lung cancer who had been receiving palliative care in the hospital and was found by nursing staff unresponsive, with clinically obvious signs of death, including rigor mortis. Because there was no documentation to the contrary, the nurses commenced cardiopulmonary resuscitation and called a code blue, resulting in resuscitative efforts that continued for around twenty minutes. In discussion with the hospital ethicist, senior nurses justified these actions, mainly citing disciplinary and medicolegal (...) concerns. We argue that moral harms arise from CPR performed on a corpse and that legal concerns about failing to perform it are unfounded. We contend that such efforts are an unintended consequence of managerialist policies mandating do‐not‐resuscitate orders and advance care plans and of defensive practices that can value the interests of institutions and practitioners over those of patients. Health management teaching should include managerialism and its pitfalls, while clinician training should prioritize ethical reasoning and legal knowledge over defensive practice. (shrink)

The doctrine of consent is built upon presumptions of mental capacity. Those presumptions must be tested according to legal rules that may be difficult to apply to COVID-19 patients during emergency presentations. We examine the principles of mental capacity and make recommendations on how to assess the capacity of COVID-19 patients to consent to emergency medical treatment. We term this the CARD approach.

Cognitive Science, Volume 46, Issue 6, June 2022.

BackgroundSocio-cultural perceptions surrounding death have profoundly changed since the 1950s with development of modern intensive care and progress in solid organ transplantation. Despite broad support for organ transplantation, many fundamental concepts and practices including brain death, organ donation after circulatory death, and some antemortem interventions to prepare for transplantation continue to be challenged. Attitudes toward the ethical issues surrounding death and organ donation may influence support for and participation in organ donation but differences between and among diverse populations have not (...) been studied.ObjectivesIn order to clarify attitudes toward brain death, organ donation after circulatory death and antemortem interventions in the context of organ donation, we conducted a scoping review of international English-language quantitative surveys in various populations.Study appraisalA search of literature up to October 2020 was performed, using multiple databases. After screening, 45 studies were found to meet pre-specified inclusion criteria.Results32 studies examined attitudes to brain death, predominantly in healthcare professionals. In most, around 75% of respondents accepted brain death as equivalent to death of the person. Less common perspectives included equating death with irreversible coma and willingness to undertake organ donation even if it caused death. 14 studies examined attitudes to organ donation following circulatory death. Around half of respondents in most studies accepted that death could be confidently diagnosed after only 5 min of cardiorespiratory arrest. The predominant reason was lack of confidence in doctors or diagnostic procedures. Only 6 studies examined attitudes towards antemortem interventions in prospective organ donors. Most respondents supported minimally invasive procedures and only where specific consent was obtained.ConclusionsOur review suggests a considerable proportion of people, including healthcare professionals, have doubts about the medical and ethical validity of modern determinations of death. The prognosis of brain injury was a more common concern in the context of organ donation decision-making than certainty of death. (shrink)

Lawyers and the legal system have been much criticized in recent years. Despite popular perceptions, the legal system contains numerous mechanisms and rules designed to ensure fair results. This paper shows how the legal system tries to implement, in commercial transactions, the ethical principles of truthfulness and fairness. The Anglo-American development of Equity Courts is reviewed briefly. Several examples of the Law's enforcement of ethical principles are presented, in four different legal areas: Contracts, Securities, Goods, and Real Estate. The intent (...) here is to present an overview of the problem, with area-specific illustrations, rather than a comprehenisve examination of the cases in just one area. (shrink)

A considerable literature exists regard-ing the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper."This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the application (...) of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.". (shrink)

This article responds to calls for further research on ethical issues in advertising. The study examines whether advertising strategies which use female-disparaging themes are perceived as ethical, and what effect this has on ad and brand attitudes. It also examines whether or not humour assuages ethical evaluations of female-disparaging ads. The findings from an experimental research design, which included 336 British respondents, show that non-disparaging and non-humorous ads are considered to be the most ethical, while disparaging ads are considered the (...) least ethical. Across the board, female-disparaging ads are not perceived as ethical; however, high benevolent sexists appear to favour them most. Finally, an ad’s perceived ethicality mediates the relationship between ad disparagement and ad attitudes; likewise, an ad’s perceived ethicality and ad attitudes mediate the relationship between an ad’s female disparagement and brand attitudes. Female-disparaging ads should be avoided given that they are perceived as less ethical and given the impact that advertising has on behaviour, as well as on societal and moral values. Advertisers should also avoid using female-disparaging advertising themes, even light-hearted ones, since they constitute a risky strategy for the ad and the brand as they can backfire and alienate consumers. (shrink)

First published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

Robert Sibley examines how Watson, Grant, and Taylor found in Hegel the theoretical tools needed to respond to Canada's uncertain existence.

The men who talk most about the valor of Lee and of the blood of the brave Confederate dead are those who never smelt powder or engaged in battle. Most of them were at a table, either on top or und...

Indeterminacy in its various forms has been the focus of a great deal of philosophical attention in recent years. Much of this discussion has focused on the status of vague predicates such as ‘tall’, ‘bald’, and ‘heap’. It is determinately the case that a seven-foot person is tall and that a five-foot person is not tall. However, it seems difficult to pick out any determinate height at which someone becomes tall. How best to account for this phenomenon is, of course, (...) a controversial matter. For example, some (such as Sorensen (2001) and Williamson (2002)) maintain that there is a precise height at which someone becomes tall and such apparent cases of indeterminacy merely reflects our ignorance of this fact. Others maintain that there is some genuine – and not merely epistemic – indeterminacy present is such cases and offer various accounts of how best to account for it. Supervaluationists (such as Keefe (2008)), for example, claim that the indeterminacy with respect to vague terms lies in their not having a single definite extension. Rather, each term is associated with a range of possible precise extensions or precisifications such that it is semantically unsettled which is the correct extension. One precisification of ‘tall’ might allow that anyone over five feet ten inches is tall, whereas another would only allow those over six foot to qualify; but no precisification will take someone who is five foot to be tall, and someone who is seven foot will count as tall on all precisifications. Thus – while someone who is seven foot will be determinately tall and someone who is five foot determinately not so – it will be indeterminate whether someone who stands at five foot eleven inches is tall. -/- Yet, it is important to stress that putative cases of indeterminacy are not limited to vague predicates of this kind. Philosophers have invoked indeterminacy in discussions of topics as diverse as moral responsibility (Bernstein (forthcoming)), identity over time (Williams (2014)), and the status of the future (Barnes and Cameron (2009)). In this paper, we focus on two areas where discussion of various kinds of indeterminacy has been commonplace: physics and fiction. We propose a new model for understanding indeterminacy across these domains and argue that it has some notable advantages when compared to earlier accounts. Treating physics and fiction cases univocally also indicates an interesting connection between indeterminacy in these two areas. (shrink)

"Simone Weil's bibliography": p. [181]-194. Includes index. Introduction / George Abbott White -- The jagged edge / Michele Murray -- Simone Weil's mind / Robert Coles -- The life and death of Simone Weil / J.M. Cameron -- Simone Weil, last things / Michele Murray -- Simone Weil's Iliad / Michael K. Ferber -- Notes on Simone Weil's Iliad / Joseph H. Summers -- Patriotism and The need for roots / Conor Cruise O'Brien -- Marxism-Leninism and the language (...) of Politics magazine / Staughton Lynd -- Simone Weil's work experiences / George Abbott White. (shrink)

George P. Bradford, Emerson, and the perennial philosophy of Fénelon -- Emerson, Nietzsche, and man's striving upward : the "via eminentiae" of superior people -- The perennial philosophy of Emerson and Thoreau in England : William Jesse Jupp -- Emerson, Glasgow, and John Page Hopps : the Unitarian struggle with Scottish Calvinism.

Over the last few years, the concept of “wilderness” has come under attack by environmentalists deeply committed to sustaining the natural world. Their criticisms are pointed and undeniably strong; moreover as I will argue, very similar critiques could be made of its putative counter-concept, “the city.” Yet in both cases, we need not simply reject the concepts themselves as incoherent; our challenge is rather to develop resources rich enough to show that and why they must stand in a constructive tension. (...) I will close by outlining the possibility and productivity of this development through hermeneutic reflections inspired by the work of Hans-Georg Gadamer. (shrink)

Research has shown that there has often been overlap between the humanities and the sciences. This essay brings to the fore a prominent borderline case in cultural history, where the mix of disciplines that could contribute to its study became an issue of debate. It examines the attempts made by botanists throughout the nineteenth century, culminating around 1900, to call into question the monopoly of the humanities on cultural history. Botanists argued that botanical objects, such as the original forms of (...) ancient grains, were important historical sources, and the renowned Georg Schweinfurth even advocated a new concept of “culture” that prioritized the sciences. The essay argues that this development is part of the period’s discourse on the origins of human civilization, which included more and less productive encounters between the botanical study of the migration and development of plants over time and the study of human history. (shrink)

The best example of a Saturday Night Live (SNL) impressionist who goes beyond "spot on" to offer a creative impression is Dana Carvey. Just consider his impression of George H.W. Bush. Carvey performed Bush in cold opens and other sketches, developing a character that was not, in the ordinary sense of the term, spot on. To better understand the difference between creative representations and spot on representations, readers should consider for a moment the subject of music, and specifically (...) the phenomenon of tribute bands. A tribute band is one that attempts, as accurately as possible, to represent a famous band to a concert audience. Some might argue that Darrell Hammond was one of SNL's greatest impressionists, but the author argues that he was much like a tribute band. Hammond was available to offer a spot on impression of whomever the show might need for a given sketch. (shrink)

The COVID-19 pandemic provided an opportunity for management scholars to address large-scale and complex societal problems and strive for greater practical and policy impact. A brief overview of the most-cited work on COVID-19 reveals that, compared with their counterparts in other disciplines, leading management journals and professional associations lagged in providing a platform for high-impact research on COVID-19. To help management research play a more active role in responding to similar global challenges in the future, we propose an integrative framework (...) that emphasizes a phenomenon’s impact, the conditions that the phenomenon creates at multiple levels, and the responses of actors to such conditions, as well as the dynamic relationships and interactions among these actors. By shifting attention to phenomena and their overall impact, this framework can help scholars better position their work to address large-scale and complex problems and also to assess research for its contribution to generate impact beyond academia. (shrink)

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

With theories of political obligation based on consent now generally discredited because most people have not actually consented, certain theorists attempt to rescue consent by proposing mechanisms through which individuals could consent to government. Various mechanisms are examined, including ‘consent-or-leave’ and Michael Walzer's proposal that citizens who refuse to consent be allowed a lesser status, analogous to that of ‘resident aliens at home’. All these mechanisms confront insuperable difficulties concerning essential public goods. Because resident aliens at home will continue to (...) receive public goods, the alternatives are that they be allowed to receive them cost-free or that they incur obligations, even though they explicitly refused to consent. (shrink)

In Polo’s anthropology, the personal transcendentals constitute the first act of the human being. To achieve an understanding of the contribution to the natural growth of the person of human actions performed in space and time, it is required to investigate how the intensity of this act can increase naturally in the context of the doctrine of act and potency. Review of the constitution of human beings in Aristotle, Aquinas and Polo and the real distinction between their ontological components, together (...) with the concept of instrumental causality served to propose an explanation of the natural growth of the person. (shrink)

The earliest writer who deserves to be called a psychologist is Hobbes; and if we consider the time when he wrote, we cannot fail to be surprised at what I may term his prevision of the most important results which have now been established by science. He was the first clearly to sound the note which has ever since constituted the bass, or fundamental tone, of scientific thought. Let us listen to it through the clear instrumentality of his own language:-.

This volume is a direct result of a conference held at Princeton University to honor George A. Miller, an extraordinary psychologist. A distinguished panel of speakers from various disciplines -- psychology, philosophy, neuroscience and artificial intelligence -- were challenged to respond to Dr. Miller's query: "What has happened to cognition? In other words, what has the past 30 years contributed to our understanding of the mind? Do we really know anything that wasn't already clear to William James?" Each participant (...) tried to stand back a little from his or her most recent work, but to address the general question from his or her particular standpoint. The chapters in the present volume derive from that occasion. (shrink)

This paper examines Laura Valentini’s attempt to explain political obligations through her account of social norms, her ‘Agency-Respect View’ (ARV). A great strength of ARV is preserving the ‘content-independence’ of political obligations. However, ARV does not mesh well with the moral phenomenology of political obligations. ARV is able to generate moral requirements that are strikingly weak. Accounting for the far stronger moral force of requirements to obey the law requires appealing to law-independent considerations. Valentini’s account of these factors suggests greater (...) explanatory force of an alternative view she dismisses, to which she refers as the ‘deflationary view.’ In addition, among alternative theories that Valentini rejects is one based on the principle of fair play. I respond to Valentini’s criticisms, thereby demonstrating the continuing applicability of fair play. (shrink)

Scholars who doubt the existence of general political obligations typically criticize and reject theories of obligation on the basis of individual moral principles, for example, consent, fairness, or a natural duty of justice. A stronger position can result from combining different principles in a single theory. This chapter develops a multi-principle theory of political obligation, on the basis of the principle of fairness, a natural duty of justice, and what I call the ‘common good’ principle. The three principles interact in (...) three main ways: ‘cumulation’, combining the separate state services that different principles cover; ‘mutual support’, combining the force of different principles in regard to the same state services; and simple overlap. The result is a theory that can satisfy the main criteria of a theory of political obligation. (shrink)