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.

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.

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)

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)

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)

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.

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)

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)

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)

Fuzzy logics are many-valued logics that are well suited to reasoning in the context of vagueness. They provide the basis for the wider field of Fuzzy Logic, encompassing diverse areas such as fuzzy control, fuzzy databases, and fuzzy mathematics. This book provides an accessible and up-to-date introduction to this fast-growing and increasingly popular area. It focuses in particular on the development and applications of "proof-theoretic" presentations of fuzzy logics; the result of more than ten years of intensive work by researchers (...) in the area, including the authors. In addition to providing alternative elegant presentations of fuzzy logics, proof-theoretic methods are useful for addressing theoretical problems and developing efficient deduction and decision algorithms. Proof-theoretic presentations also place fuzzy logics in the broader landscape of non-classical logics, revealing deep relations with other logics studied in Computer Science, Mathematics, and Philosophy. The book builds methodically from the semantic origins of fuzzy logics to proof-theoretic presentations such as Hilbert and Gentzen systems, introducing both theoretical and practical applications of these presentations. (shrink)

Martin Luther King's legacy as a Black, Baptist preacher and activist is widely known, but his influence in the public sphere has eclipsed his influence in Black Theology. Additionally, since the Black Power movement succeeded the Civil Rights movement, and thereby the Liberationist movement succeeded the Black Social Gospel movement, the foundations King laid became seamlessly integrated into the theology of James Cone and J. Deotis Roberts. Taking King's social analysis, his concern for crucified peoples, and grassroots activism, Cone and (...) Roberts craft the school of Black Theology. Frederick Ware's book, Methodologies of Black Theology outlined the schools of Black Methodology, including the Black Hermeneutical School, which incorporates indigenous sources to inform theology. Walter Strickland II, building upon Ware, argues the Black Hermeneutical School has three schools of interpretive emphasis: Courthouse, Schoolhouse, and Church House. Cone's theology utilises the methodology of the Courthouse while Roberts utilises the methodology of the Church House. This paper argues that Martin Luther King Jr's activism and theology helped develop Cone and Roberts's Black Theological Method. Roberts carries King's legacy as a pastor‐theologian, and Cone carries King's legacy as a social activist. (shrink)

Caribbean sociology accords with the Du Boisan paradigm of sociology as a science. Caribbean sociology originated as an undifferentiated discipline. It is a panoply of social thought integrated with history, political science, anthropology, psychology, and philosophy. Sociology has never been a discipline sufficient unto itself. To speak of Caribbean sociology is to introduce space and place, territory, and identity as parameters of a social scientific discipline that is yet to adhere to its own boundaries or adequately define itself. Caribbean countries (...) constitute the poor West, and it is a challenge of the discipline to study a region where half of its peoples have migrated and are migrating to the global north. Caribbean sociology contributed diverse if not also original perspectives on significant humanity and is rich in the quality and sophistication of its thought. The sociology of the Caribbean is a sociology of possibilities—a sociology of solutions to the problems of underdevelopment and unfreedom. In the tradition of the scientific sociology of W. E. B. Du Bois it is a quest for social justice. (shrink)

Decades of research conducted in Western, Educated, Industrialized, Rich, & Democratic (WEIRD) societies have led many scholars to conclude that the use of mental states in moral judgment is a human cognitive universal, perhaps an adaptive strategy for selecting optimal social partners from a large pool of candidates. However, recent work from a more diverse array of societies suggests there may be important variation in how much people rely on mental states, with people in some societies judging accidental harms just (...) as harshly as intentional ones. To explain this variation, we develop and test a novel cultural evolutionary theory proposing that the intensity of kin-based institutions will favor less attention to mental states when judging moral violations. First, to better illuminate the historical distribution of the use of intentions in moral judgment, we code and analyze anthropological observations from the Human Area Relations Files. This analysis shows that notions of strict liability—wherein the role for mental states is reduced—were common across diverse societies around the globe. Then, by expanding an existing vignette-based experimental dataset containing observations from 321 people in a diverse sample of 10 societies, we show that the intensity of a society's kin-based institutions can explain a substantial portion of the population-level variation in people's reliance on intentions in three different kinds of moral judgments. Together, these lines of evidence suggest that people's use of mental states has coevolved culturally to fit their local kin-based institutions. We suggest that although reliance on mental states has likely been a feature of moral judgment in human communities over historical and evolutionary time, the relational fluidity and weak kin ties of today's WEIRD societies position these populations' psychology at the extreme end of the global and historical spectrum. (shrink)

This article aims to explore Kazuo Ishiguro’s Never Let Me Go within the Foucauldian theoretical framework in order to analyse the manifold biopolitical issues, namely cloning, by stretching the discourse to a speculative, dystopian posthuman scenario wherein the dominant, privileged, affluent human society replenishes them by incorporating bio-matter from the clones. The article also proposes to unfold the myriad ways the institutions, namely Hailsham and recovery centres in the novel, exercise power and execute power relations with the clones. It describes (...) the way these institutions turn out to be what Foucault calls the regimes of truth and how the clones choose to remain docile to the institutional power, and consequently, they turn out to be rich sites for both medical gaze and disciplinary gaze. Nevertheless, the article also details the procedures by which the bizarre truth of organ donation of the clones is buried under the technical discourse of good work. (shrink)

We appreciate that all our commentators accepted the central framework we argued for, namely that the FDA has multiple roles and attendant responsibilities, and we are excited to see this framework...

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each (...) other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of reasonableness, which assigns liability instrumentally on the basis of a utilitarian calculus. Finally, Professor Fletcher examines stylistic differences between the two paradigms which may explain the modern preference for the paradigm of reasonableness. (shrink)

Poverty is a complex, embodied reality comprising the existential, social, material, and spiritual. This paper draws from liberation theologies from North and South America, defining poverty as a religio-historical realidad. Martin Luther King Jr. observed a disembodied spirituality in many American churches who remained apathetic or antagonistic during the Civil Rights Movement. Conversely, James Cone reversed the issue by providing a theological system which utilizes hyper-materialistic presuppositions. By examining the broader Liberation tradition, a more robust theological definition of poverty can (...) be construed. Systems of poverty are systems of death, whereas enrichment are processes of life. Embodiment was used during colonial Christianity as a market identity in order to justify conquest. Liberation theologians reclaim creatureliness in their fight against poverty, and fight for restored identity. Each section of the paper addresses major trajectories within the broad Liberation tradition. North American liberationists analyze poverty from the perspective of racial oppression enforced through visible bodies. South American liberationists created a systematic, biblical definition of poverty while primarily addressing economic exploitation. Feminists addressed their male-dominated worlds addressing quality and quantity of life issues. Both North American and South American theologians agree that Christ identifies with the poor and understands their plight. In the end, Christ is understood as a liberator who is Lord over the material, spiritual, personal, and social. (shrink)