This chapter contains sections titled: An Economic Model of Carroll Towing Relaxing the Model's Initial Assumptions Efficiency as a Norm Some Limitations of Law and Economics Conclusion References.

It is widely accepted that virtuous behaviour ought to be motivated in the right way, done for the right reasons, and an appropriate response to the values manifested in a situation. In this article I describe how cases of individuals having poor understanding of the reasons for their behaviour, can nevertheless be conducive to the development of virtue. One way in which giving reasons for one's own behaviour can be inaccurate is when the reasons given are confabulatory. In confabulation, the (...) reasons given for behaviour are post hoc, do not capture factors which actually brought the behaviour in question about, and are not well supported by evidence. Confabulations protect an individual's positive self-representations at the expense of more accurate appraisals of themselves and the circumstances. However, I argue that engaging in the construction of a positive self-narrative can be efficacious in making it a reality. Importantly, this is only possible when agents have the know-how of certain self-relational skills and attitudes, which are captured in a meta-virtue of self-regulation. When individuals can regulate their values and their behaviour effectively, such that they are in keeping, they can ultimately consistently embody virtues. Confabulation can be, and probably often is, part of this process. (shrink)

Commissurotomy surgery has lately attracted considerable philosophical attention. It has seemed to some that the surgical scalpel that bisects the brain bisects consciousness and the mind as well; and that the ordinary concept of a person is thereby most seriously threatened. I shall assess the extent of the threat, arguing that it is overestimated. The argument begins with section III; section II, which describes the operation and its effects, should be omitted by those already familiar with these facts.

My point of departure is the observation that people ubiquitously turn to aesthetic practices in response to the loss of a loved one. I argue that profound loss catapults the bereaved person into an alternate “world” that differs in marked ways from the world we usually occupy, an alternate world lacking even the basic coherence we need to function. Aesthetic practices facilitate restoration of coherence to our experience, as well as reconnection with the social world and recovery from the breakdown (...) that profound loss involves. While the aesthetic notion of closure is frequently invoked in connection with the needs of the bereaved, I suggest that while containing the emotions experienced in connection with loss is vital if they are to be processed, unrealistic aspirations toward closure can encourage expectations that harm the bereaved. By contrast, I suggest that the aims of aesthetically punctuating experience and communicating through aesthetic gestures are beneficial for helping the bereaved adjust to their new circumstances. (shrink)

The claims that learning systems must build causal models and provide explanations of their inferences are not new, and advocate a cognitive functionalism for artificial intelligence. This view conflates the relationships between implicit and explicit knowledge representation. We present recent evidence that neural networks do engage in model building, which is implicit, and cannot be dissociated from the learning process.

This paper argues that there were women involved with philosophy on a fairly constant basis throughout Greek antiquity. It does so by tracing the lives and where extant the writings of these women. However, since the sources, both ancient and modern, from which we derive our knowledge about these women are so sexist and easily distort our view of these women and their accomplishments, the paper also discusses the manner in which their histories come down to us as well as (...) the histories themselves. It discusses in detail the following women: the Pythagorean women philosophers of the 6th and 5th centuries B.C., Aspasia and Diotima of the 5th century B.C., Arete, Hipparchia, Pamphile and the women Epicureans-all from the 4th century B.C. the five logician daughters of a famous Stoic philosopher of the 3rd century B.C., and finally Hypatia who lived in the 4th century A.D. (shrink)

Ethical issues arise for nurses involved in all phases of clinical trials regardless of whether they are caregivers, research nurses, trial co-ordinators or principal investigators. Potential problem areas centre on nurses’ moral obligation related to methodological issues as well as the notions of beneficence/non-maleficence and autonomy. These ethical concerns can be highly upsetting to nurses if they are not addressed, so it is imperative that they are discussed fully prior to the initiation of a trial. Failure to resolve these issues (...) can place both the conduct and the results of research in jeopardy. (shrink)

The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988, that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private insurers, and (...) the school district, alleging that their due process rights were violated by provisions of the Pennsylvania Workers’ Compensation Act, 77 Pa. Cons. Stat. Ann. § 1 et seq.. The Act permits suspension of benefits without notice or opportunity to be heard pursuant to a “utilization review” process.To control costs, Pennsylvania amended its workers’ compensation system in 1993. Under the Act, an employer or its insurer must pay for all reasonable and necessary medical treatment. (shrink)

As medical science continues its rapid advances, questions are raised that have more to do with theology than with technology: Where is God when I am hurt or suffering? What role does God play in my healing? "Pain Seeking Understanding" examines how believers and nonbelievers alike wrestle with questions of faith when confronted with pain and suffering that medicine alone cannot treat. Margaret Mohrmann and Mark Hanson call upon fellow experts in the fields of medicine, ethics, theology, and pastoral (...) care to help them weave the complex story of faith and science working together to ease suffering -- and to help broaden our understanding of God's role in suffering and healing. (shrink)

This volume examines the motives behind rejections of beauty often found within contemporary art practice, where much critically acclaimed art is deliberately ugly and alienating. It reflects on the nature and value of beauty, asking whether beauty still has a future in art and what role it can play in our lives generally. The volume discusses the possible “end of art,” what art is, and the relation between art and beauty beyond their historically Western horizons to include perspectives from Asia. (...) The individual chapters address a number of interrelated issues, including: art, beauty and the sacred; beauty as a source of joy and consolation; beauty as a bridge between the natural and the human; beauty and the human form; the role of curatorial practice in defining art; order and creativity; and the distinction between art and craft. The volume offers a valuable addition to cross-cultural dialogue and, in particular, to the sparse literature on art and beauty in comparative context. It demonstrates the relevance of the rich tradition of Asian aesthetics and the vibrant practices of contemporary art in Asia to Western discussions about the future of art and the role of beauty. (shrink)

This qualitative study was designed to explore ethical issues in public health nursing in the Canadian context, and to begin to identify strategies to support ethical practice. Twenty-two public health nurses, 11 in rural and 11 in urban settings, were asked to describe ethical problems they had experienced in the course of their work. These participants most often described situations that required a relational response rather than an active choice between options. Their goal was to optimize the good, while at (...) the same time maintaining a supportive relationship. Analysis revealed five interrelated themes, each with several subthemes: relationships with health care professionals; systems issues; character of relationships; respect for persons; and putting self at risk. It was clear that all aspects of public health nursing have ethical components. (shrink)

The purpose of this exploratory study was to examine the possibility of designing a satisfactory method, using written responses to hypotheical scenarios, for evaluating the quality of moral reasoning in student nurses. Scenarios were developed from interviews with practising nurses. Nurses and student nurses provided written responses to the scenarios, and nursing faculty members from six institutions sorted the responses according to their perceptions of quality (i.e. 'best', 'next best', 'worst' etc.). There was very little agreement among faculty members on (...) the quality of the responses. Consequently, it was impossible to develop a 'best' response on which the faculty members could agree. Analysis revealed a framework used by the participants for ethical decision-making. The results of this study have important implications for the way in which we think about the teaching and the evaluation of nursing ethics. (shrink)

Confucius condemned Zheng 鄭 and Wei 衛 music, which had widespread popular appeal. He may have expected music to display fundamental patterns in the natural world and thriving human relationships, tasks that could be compromised by irregular and relatively complicated music like that of Zheng and Wei. He was also convinced that Zheng and Wei music would motivate undisciplined behavior in listeners. A third consideration may have been that even if some benefits of participation would derive from music that included (...) innovations, traditional forms should be preferred because they would further bonds between generations and encourage a sense of community by emphasizing shared inheritance. Confucius seems unaware that innovation can help keep musical traditions alive, but he may have recognized that well-known music facilitates kinds of engagement that novel music cannot. Such engagement was key to what Confucius sought from music and would be reason enough for his judgment. (shrink)

This thesis considers the philosophical rationale behind Nietzsche's use of a fictional mode of writing in Thus Spoke Zarathustra. I argue that the worldview involved in Nietzsche's "tragic philosophy," presented as an alternative to the Platonic-Christian worldview of Nietzsche's culture, is premised on the understanding of human individual existence that he associates with Greek tragedy. I argue that because Nietzsche attempts to transform the self-understanding of his readers, he rejects the univocal mode of philosophical discourse which is used to express (...) universally valid truths. Instead, Nietzsche models his presentation on the Greek tragedy, through which, he believes, the spectator achieves a transformed orientation toward earthly, individuated existence through identifying with the tragic hero. I conclude that a consequence of Nietzsche's attempt to make Zarathustra a similar tragic hero is that Nietzsche can communicate his tragic philosophy only to readers who are receptive; and that, as a result, the question of whether or not he is understood becomes a significant problem for Nietzsche in his later works. (shrink)

This article addresses the distinction which Sartre draws between memory and imagination. The article is in two parts. In the first part it is suggested that, in common with the distinction he draws between imagining and perceiving, the separation of memory and imagination is undermined by Sartre’s own phenomenology. Memories are part of the family of imaginings to which Sartre directs us. Nonetheless, in the second part of the article, Sartre’s distinction is revisited. The working of imagination in memory does (...) not mean that we are making up our past. Utilising Barthes’ discussion, in Camera Lucida it is argued that memory provides a distinctive relation to our past, which makes evident to us what it is to live a life in time. (shrink)

Neonatal intensive care nurses are often involved in research protocols as investigators, research assistants or staff nurses implementing the protocol and providing support and explanations to families. It is important, therefore, that nurses have information about parents’ understanding of and attitudes towards the research process. The purpose of this study was to begin an exploration of parents’ perceptions about research with newborn babies through the development and validation of a survey instrument. The questionnaire included: demographic questions; scaled items about research (...) with newborn babies; scenarios describing research studies that varied in degree of risk and benefit to the newborn baby; questions about parents’ willingness to enrol their newborn baby in the studies described; and questions regarding circumstances under which consent should be sought. Content and face validity were established by an expert panel and a pilot test conducted with a small group of health care professionals and lay persons. A convenience sample of 231 parents of newborn babies completed the final version of the questionnaire. Factor analysis revealed seven factors corresponding to issues identified in the literature, providing evidence of construct validity. Parents appeared to have no difficulty in completing the instrument and all questions were answered by the majority of participants. It was concluded that the questionnaire had adequate psychometric properties and that a mixed method approach can be fruitful in exploring sensitive issues. (shrink)

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