For many immigrants to the United States, between 1892 and 1924, admission was contingent upon a medical inspection at an immigration centre, such as the one located at Ellis Island in the harbour of New York City. Much like passing through customs or security at airports today, these medical inspections were dreaded by immigrant travellers, and United States Government and Public Health Service publications show that these medical inspections were escalating in intensity and emphasis during the early twentieth-century. The purpose (...) of the PHS inspections becomes especially evident when looking at the gender considerations, or lack thereof, which arose during medical inspections at Ellis Island. A gender analysis of the PHS medical inspections, examined through the use of oral histories and photographs, provides a window into understanding the primary concern of the United States Public Health Service. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

ABSTRACTAnna Letitia Barbauld's poem ‘To Mr. Barbauld, with a Map of the Land of Matrimony’ and its illustrated companion piece, ‘A New Map of the Land of Matrimony, Drawn from the Latest Surveys’, first published anonymously by Joseph Johnson in 1772 but attributable to Barbauld, show their creator playing in original ways with courtly and libertine variants of the map of love and marriage: a genre of allegorical and sentimental map tracing its provenance to ‘La Carte de tendre’ (...) or ‘The Map of the Country of Tenderness’, conceived by Madeleine de Scudéry for inclusion in her multi-volume prose romance Clélie and given illustrated form by François Chauveau. Taken together, map and drawing indirectly serve to illuminate Barbauld's complicated position within Enlightenment feminism and invite new insights into her relationship with the canonical male Romantics, reaffirming her status as a key transitional figure between Neoclassicism and Romanticism in the contribution she makes to the historical debate over the relationship between different arts. (shrink)

As a literary critic Anna Letitia Barbauld provides important evidence for those who have sought to challenge a long-established critical view that the development of the novel was premised on a renunciation of the wonders of romance which went hand in hand with the project of Enlightenment science and its rejection of miracles and the supernatural. At the same time, she presents an alternative perspective from that of influential eighteenth-century male critics such as Samuel Johnson regarding the relationship (...) between novels and romances, and a sharply contrasting view of the place of wonder within the overall history of fiction. Against male contemporaries, she makes a case for women’s continuing special claims as readers and writers of fiction based in part on their greater receptivity to emotions such as that of wonder, challenging Johnson’s implicit positioning of men as the leaders of a developing form of literary realism that required a broad knowledge of nature and society. (shrink)

As a literary critic Anna Letitia Barbauld provides important evidence for those who have sought to challenge a long-established critical view that the development of the novel was premised on a renunciation of the wonders of romance which went hand in hand with the project of Enlightenment science and its rejection of miracles and the supernatural. At the same time, she presents an alternative perspective from that of influential eighteenth-century male critics such as Samuel Johnson regarding the relationship (...) between novels and romances, and a sharply contrasting view of the place of wonder within the overall history of fiction. Against male contemporaries, she makes a case for women’s continuing special claims as readers and writers of fiction based in part on their greater receptivity to emotions such as that of wonder, challenging Johnson’s implicit positioning of men as the leaders of a developing form of literary realism that required a broad knowledge of nature and society. (shrink)

While the origin and development of the just war tradition until the early modern period blended concerns, ideas, and practices from the moral, legal, political, and military spheres, from the mid-seventeenth century until the mid-twentieth it largely disappeared as a conscious source of moral reflection about war and its restraint. Beginning in the 1960s, however, American theologian Paul Ramsey initiated a recovery of just war thinking in a series of writings applying the principles of discrimination and proportionality, ideas he traced (...) both to Augustinian theology and to natural law, to the debate over nuclear weapons and later to the Vietnam War. Ramsey's work directly engaged both theological and policy debate over military force, initiating lines of reflection that have since developed further and become increasingly institutionalized. This brief essay examines the nature of Ramsey's just war thought and its influence over the last 40 years. (shrink)

Recently the relevance of the philosophy of Martin Heidegger has been critiqued in nursing literature. However, this critique is based primarily upon an appropriation of Heidegger that does not reflect an understanding of meaning as grounded in temporality. Therefore, this paper aims to (1) explicate Heidegger's grounding of meaning, (2) briefly contrast Heidegger's and Husserl's notions of the origin of meaning, (3) describe how Heidegger was first introduced to nursing, and (4) illustrate through examples from a research study how the (...) philosophy of Heidegger might inform the phenomenological researcher. (shrink)

Following Aristotle (who himself was following Parmenides), philosophers have appealed to the distributional reflexes of expressions in determining their semantic status, and ultimately, the nature of the extra-linguistic world. This methodology has been practiced throughout the history of philosophy; it was clarified and made popular by the likes of Zeno Vendler and J.L. Austin, and is realized today in the toolbox of linguistically minded philosophers. Studying the syntax of natural language was fueled by the belief that there is a conceptually (...) tight connection between the syntax of our language and its semantics, and the belief that there is a similarly tight connection between the semantics of our language and metaphysical facts about the world. We are less confident than our colleagues about the relation syntax has to semantics and metaphysics. In particular, we do not believe that the current status of theoretical syntax (or semantics or metaphysics) provides much support for either of the above two beliefs. We will illustrate our view with a case study regarding the status of complex demonstratives. We will show that a recent and particularly subtle syntactically based argument for the semantic/metaphysical status of complex demonstratives does not in fact show what semantic category complex demonstratives are.. (shrink)

Under some circumstances, individuals are willing to engage in unethical behaviors that benefit another entity. In this research we advance the unethical pro-organizational behavior construct by showing that individuals also have the potential to behave unethically to benefit their supervisors. Previous research has not examined if employees engage in unethical acts to benefit an entity that is separate from oneself and if they will conduct these acts to benefit a supervisor. Our research helps to address these gaps. We also demonstrate (...) that unethical behavior to benefit a supervisor, what we term unethical pro-supervisor behavior, is more likely to occur if individuals are more (versus less) identified with their organization or supervisor. That is, feeling a sense of oneness with one’s organization or supervisor can result in employees engaging in unethical behavior to help their supervisor. Further, this positive relationship is weakened if the employee possesses higher levels of moral identity. We test our hypotheses with a two-part laboratory study, a field study, and a time-lagged field study. Theoretical and practical implications of this work are discussed. (shrink)

(2013). The processes of inference. Argument & Computation: Vol. 4, Formal Models of Reasoning in Cognitive Psychology, pp. 4-20. doi: 10.1080/19462166.2012.674060.

An infinite number of elastically colliding balls is considered in a classical, and then in a relativistic setting. Energy and momentum are not necessarily conserved globally, even though each collision does separately conserve them. This result holds in particular when the total mass of all the balls is finite, and even when the spatial extent and temporal duration of the process are also finite. Further, the process is shown to be indeterministic: there is an arbitrary parameter in the general solution (...) that corresponds to the injection of an arbitrary amount of energy (classically), or energy-momentum (relativistically), into the system at the point of accumulation of the locations of the balls. Specific examples are given that illustrate these counter-intuitive results, including one in which all the balls move with the same velocity after every collision has taken place. (shrink)

Some philosophers argue that the principles of human reasoning are impeccable, and that mistakes are no more than momentary lapses in “information processing”. This article makes a case to the contrary. It shows that human reasoners commit systematic fallacies. The theory of mental models predicts these errors. It postulates that individuals construct mental models of the possibilities to which the premises of an inference refer. But, their models usually represent what is true in a possibility, not what is false. This (...) procedure reduces the load on working memory, and for the most part it yields valid inferences. However, as a computer program implementing the theory revealed, it leads to fallacious conclusions for certain inferences—those for which it is crucial to represent what is false in a possibility. Experiments demonstrate the variety of these fallacies and contrast them with control problems, which reasoners tend to get right. The fallacies can be compelling illusions, and they occur in reasoning based on sentential connectives such as “if” and “or”, quantifiers such as “all the artists” and “some of the artists”, on deontic relations such as “permitted” and “obligated”, and causal relations such as “causes” and “allows”. After we have reviewed the principal results, we consider the potential for alternative accounts to explain these illusory inferences. And we show how the illusions illuminate the nature of human rationality. (shrink)

The following overview of the present situation and recent trends in the philosophy of science in the USA brings together bibliographical and institutional evidence to document the last stages of the supersession of logical positivism, the emergence of the historical school , its widespread influence upon other fields as well as within philosophy of science, and finally some of the reactions to it, many of which envision their endeavors as mediations between the historical school and the older logical approaches As (...) well as recording pertinent institutional trends, the report provides a series of capsule summaries of representative work from the extant literature primarily from 1966 to the present. (shrink)

The extant marketing literature provides little guidance for theory development or practice with regard to questions of ethical conformity and the resulting market response. To begin to bridge this research gap, we advance a theoretical framework of ethical conformity in marketing, appealing to marketing ethics, management strategy, and sociological foundations. We set the stage for our theoretical arguments by considering the role of normative expectations related to marketing practices and behaviors held by societal constituents. Against this backdrop, we propose drivers (...) of conformity in marketing, including practices consistent with both overconformity and underconformity. The framework allows us to advance testable research propositions by which questions of ethical conformity may be explored. We conclude by suggesting additional future research needed to develop the domain, specifically in the form of empirical inquiries uncovering firm strategic decisions with ethical implications. (shrink)

This paper considers the morally relevant ways in which population-based research is a distinct type of human subjects research that have unique moral considerations relevant for public health practitioners and researchers. By defining population-based research, the authors distinguish it from public health practice and then consider, in more detail, the ways in which population-based research differs from clinical human subjects research. Based upon the distinctions between these types of research and practice, they identify five important issues that arise in the (...) design and conduct of certain kinds of population-based research. The authors hope that public health practitioners find these distinctions useful in determining when their work may actually be population-based research and that public health researchers use them to identify the areas where ethical issues in their research may arise. (shrink)

To date, bioethics and health policy scholarship has given little consideration to questions of aging and intergenerational justice in the developing world. Demographic changes are precipitating rapid population aging in developing nations, however, and ethical issues regarding older people’s claim to scarce healthcare resources must be addressed. This paper posits that the traditional arguments about generational justice and age‐based rationing of healthcare resources, which were developed primarily in more industrialized nations, fail to adequately address the unique challenges facing older persons (...) in developing nations. Existing philosophical approaches to age‐based resource allocation underemphasize the importance of older persons for developing countries and fail to adequately consider the rights and interests of older persons in these settings. Ultimately, the paper concludes that the most appropriate framework for thinking about generational justice in developing nations is a rights‐based approach that allows for the interests of all age groups, including the oldest, to be considered in the determination of health resource allocation. (shrink)

Multiple scholars and institutions have asked what distinguishes public health research from public health practice. Most often, they ask in order to have a clear definition of what one does in various public health settings to assess oversight and/or regulation of human subjects research. More importantly, however, whether something is considered public health research or public health practice has real ethical implications in terms of the general moral considerations at stake and the obligations of public health researchers/practitioners to the populations (...) they serve or study.Numerous examples in recent history of research ethics, including the Kennedy Krieger Lead Abatement Study and EPA’s Children’s Environmental Exposure Research Study, suggest that an exploration of the ethics of public health, or more generally population-based research, may be warranted. Although we acknowledge that there are important ethical issues to consider in the implementation of public health practice, we leave that discussion for other authors. (shrink)

To date, bioethics and health policy scholarship has given little consideration to questions of aging and intergenerational justice in the developing world. Demographic changes are precipitating rapid population aging in developing nations, however, and ethical issues regarding older people’s claim to scarce healthcare resources must be addressed. This paper posits that the traditional arguments about generational justice and age-based rationing of healthcare resources, which were developed primarily in more industrialized nations, fail to adequately address the unique challenges facing older persons (...) in developing nations. Existing philosophical approaches to age-based resource allocation underemphasize the importance of older persons for developing countries and fail to adequately consider the rights and interests of older persons in these settings. Ultimately, the paper concludes that the most appropriate framework for thinking about generational justice in developing nations is a rights-based approach that allows for the interests of all age groups, including the oldest, to be considered in the determination of health resource allocation. (shrink)

Victor Quinn advocates teaching critical thinking as a curriculum subject. He has accused Professor John E. McPeck, a vehement critic of such proposals, not only of being wrong but also of being in need of such a critical thinking course himself. In this paper we examine the five supposed critical thinking weaknesses of which McPeck is accused and consider what Quinn's arguments tell us about critical thinking, its skills, its priorities and its claims to subject status.

Victor Quinn advocates teaching critical thinking as a curriculum subject. He has accused Professor John E. McPeck, a vehement critic of such proposals, not only of being wrong but also of being in need of such a critical thinking course himself. In this paper we examine the five supposed critical thinking weaknesses of which McPeck is accused and consider what Quinn's arguments tell us about critical thinking, its skills, its priorities and its claims to subject status.

Understanding the mechanisms of early embryonic patterning and the timely allocation of specific cells to embryonic regions and fates as well as their development into tissues and organs, is a fundamental problem in Developmental Biology. The classical explanation for this process had been built around the notion of positional information. Accordingly the programmed appearance of sources of Morphogens at localized positions within a field of cells directs their differentiation. Recently, the development of organs and tissues from unpatterned and initially identical (...) stem cells (adult and embryonic) has challenged the need for positional information and even the integrity of the embryo, for pattern formation. Here we review the emerging area of organoid biology from the perspective of Developmental Biology. We argue that the events underlying the development of these systems are not purely linked to “self‐organization,” as often suggested, but rather to a process of genetically encoded self‐assembly where genetic programs encode and control the emergence of biological structures. (shrink)

The public can influence animal welfare law and regulation. However what constitutes ‘the public’ is not a straightforward matter. A variety of different publics have an interest in animal use and this has implications for the governance of animal welfare. This article presents an ethnographic content analysis of how the concept of a public is mobilized in animal welfare journals from 2003 to 2012. The study was undertaken to explore how experts in the discipline define and regard the role of (...) the public in determining animal welfare standards. Analysis indicates that experts in animal welfare constitute different types of citizen and consumer publics around specific types of animal use, framed by different theories of value. These results suggest a need for greater clarity about the roles and responsibilities of experts and publics in animal welfare reform processes. Clearly citizens and consumers can both contribute to promoting higher welfare standards, but an over-reliance on market mechanisms and consumer behaviour to assign value is beset by moral hazards, foremost being the risk of disarticulating the concept of animal welfare from the public good. (shrink)

In the United States of America, and in much of the world, corporations are afforded a great deal of rights to both protect themselves and others against legal action and mistreatment. To gain these rights, they defended themselves or were defended many times throughout the years in courts under the framework of “legal personhood”—but this same legal personhood is not afforded to most actual living creatures. There is enough similarity in the legal framework afforded to corporations that should be afforded (...) to animals as well, and more than enough evidence to show that it is increasingly necessary to protect and expand animal rights in this way. The argument is simple: because of their sentience, cognition, and emotional intelligence, animals deserve legal personhood. If we can make the argument that a corporation, which is incapable of these things listed above, should have certain unalienable rights, then it is illogical for us to make the argument that animals should not. (shrink)

Is experiential evidence irrelevant to acceptance or rejection of belief in the existence of a Divine Being? Charles Hartshorne answers that it is indeed irrelevant, and this answer has an initial and, for me, continuing surprising ring to it. Specifically, Hartshorne makes two distinguishable claims: the traditional allegedly a posteriori arguments, the teleological and cosmological, are in fact incompatible with empiricist methodology and are disguised ontological arguments; the conception of God as necessary being demands that belief in such a being's (...) existence or non-existence in no way depend upon empirical evidence. On the contrary, I shall argue, first, that empirical evidence for God is truly empirical and second, that there is no incompatibility between empirical evidence and necessary existence. My argument will involve an attempt to understand and clarify somewhat the very difficult concepts of ‘experience’ and ‘necessity’ as they arise in the context of religious epistemology. I wish to make clear at the outset that my aim is not to eliminate ontological arguments for God in favour of empirical arguments, for I believe that Hartshorne's work on the modal ontological argument contributes substantially to providing grounds for reasonable belief in theism. Rather, my purpose is to show that ontological and empirical patterns of theistic argumentation are neither incompatible with each other nor reducible to each other. (shrink)

U.S. journalists must walk a fine line when reporting on hate speech. Journalists have a vested interest in standing up for the First Amendment, which gives them the freedom to do their work. Howev...

Prior stock repurchase studies have found evidence that the announcement of a repurchase program sends a positive signal to the market. Firms engaging in open-market repurchase programs do not have to report how, when, and if they actually repurchased any shares. Evidence following the stock market crash of 1987 indicates that many firms announcing repurchase plans did not actually repurchase any share and, by their own admission, had no intention of repurchasing shares. Companies announcing plans and not following through are (...) apparently within the letter of the law. However, we argue that companies announcing plans with no intention of repurchasing shares are guilty of either lying or sending false signals. These companies create distrust in the investment community and intentionally mislead the public in violation of the SEC's antifraud provisions. Changes in the reporting procedures concerning repurchase plans are ethically and legally warranted. (shrink)

This is the Second Edition of a well-received book that reflects a fresh, integrated coverage of the concepts and scientific measurement of stress and welfare of animals including humans. This book explains the basic biological principles of coping with many forms of adversity. The major part of this work is devoted to explaining scientifically usable concepts in stress and welfare. A wide range of welfare indicators are highlighted in detail with examples being drawn from man and other species. The necessity (...) for combining information from disciplines is emphasized with a one-health, one-welfare approach. This information forms the basis for a synthesis of new ideas. Among the issues covered are: - How brain and body systems regulate using feelings, physiological responses, behaviour and responses to pathology - Limits to adaptation - Assessing positive and negative welfare during both short-term and long-term situations - Ethical problems and suggested solutions A proper assessment of animal welfare is essential to take informed decisions about what is morally acceptable in terms of practice and in the development of a more effective legislation. This work encapsulates a very wide body of literature on scientific aspects of animal welfare and will thus prove a valuable asset for animal welfare scientists, psychologists, students and teachers of all forms of biology, behaviour, medicine, veterinary medicine and animal usage. (shrink)

This study explores positive migrant storytelling in non-governmental organizations’ advocacy campaigns. We focus on the practices and implications of leveraging storytelling towards charity organizations’ institutional goals. Drawing upon critical discourse studies and narrative studies, we propose a critical storytelling approach that pays attention to the specific nature of storytelling as a discourse practice in itself. We focus on a UNHCR human-interest story of refugee displacement and subsequent integration into the UK. We employ the heuristic concept of positioning that calls for (...) analysis at different, though interrelated levels of narrative activity, to explore how affect is mobilized and the specific identity categories and affect types that are created for migrants and their hosts. We then situate these identity positions in wider dominant discourses of migrant integration. We show that the story foregrounds emblematic refugees, worthy of hosts’ support as well as relationships of dependence between migrants and the host society as requisites to successful integration. We argue that the ways in which an individual refugee story gets mobilized as an exemplary story reveals canonized forms of positive migrant storytelling emerging in the UK context that end up invoking dominant power asymmetries in relation to migration and British integration. (shrink)

Many claim that belief in God is like belief in Santa Claus have it out belief in God, or belief in Santa – is rational, and a direct parallel between the reasoning of the two sides is demonstrated. Many important arguments regarding theistic belief are discussed in some form. The article is intended for use in an introduction to philosophy, or an introductory philosophy of religion course, as a humorous way to foster discussion and expose students to criticisms of theistic (...) arguments, and to consider the possibility that theistic belief is no better than belief in the existence of Santa Claus. Act One. (shrink)