We propose that doping be legalized under medical supervision. First, we discuss two motivations for allowing medically supervised doping. We reject the ‘compromised choice/harm minimization’ motivation as unlikely to win the support of athletes. We agree that it could lead to an arms race. Instead, we favor full acceptance of doping under medical supervision and answer Reid’s spirit of sport objection to medical manipulation. After presenting a set of guiding principles, we use them to answer the arms race objection and (...) rebut one of the most prominent objections in the literature about the safety of medically supervised doping, the game-theoretic objection. (shrink)

It is sometimes claimed that formalism and the logical incompatibility thesis together imply that fouls cannot be part of the game. Some philosophers think this proves that therefore strategic fouls are always morally wrong, but other philosophers think this result undermines formalism itself, since strategic fouls clearly are part of the game and are at least sometimes morally permissible. I show that formalism in fact does accommodate strategic fouls and that it is neutral about whether strategic fouls are morally permissible (...) or not. (shrink)

Concerns about children's ability to fully comprehend and evaluate advertising messages has stimulated substantial research and heated debate among scholars, business leaders, consumer advocates, and public policy makers for more than three decades. During that time, some very fundamental questions about the fairness of marketing to children have been raised, yet many remain unresolved today. With the emergence of increasingly sophisticated advertising media, promotional offers and creative appeals in recent years, new issues have also developed. This paper provides a basis (...) for further examination of some the key questions in this area, and suggests how children's advertising research can be employed to illuminate them. (shrink)

In this paper, I explore the idea that under one way of understanding cheating, Armstrong did not fulfill any of the three necessary conditions: that cheating violates a rule—I will make the case that though doping was against the official rules, it was not against the rules the athletes used; that it is cheating if the intent is to obtain an unfair advantage—I will argue that dopers were not attempting to obtain an unfair advantage, at least on one plausible understanding (...) of fairness; and that cheating requires fair enforcement of the rules—I will show that the official rules against doping were hardly enforced at all, much less fairly enforced, and thus lacked enough sufficient normative force to deem breaking them cheating. (shrink)

We have national guidelines for the responsible conduct of research (RCR) and procedures for handling allegations of misconduct in Finland. The guidelines have been formulated and updated by the Finnish Advisory Board on Research Integrity (TENK). In this article, we introduce and evaluate the national RCR guidelines. We also present statistics of alleged and proven RCR violation cases and frequency of appeals to TENK on the decisions or procedures of the primary institutions. In addition, we analyze the available data on (...) seven investigated cases in more detail. Positive aspects in the Finnish system are a fairly good infrastructure to investigate suspected RCR violations and a wide concept of RCR violations, which consists of fabrication, falsification, plagiarism, misappropriation, and other misbehaviors. However, the guidelines contain poorly elaborated definitions, do not treat the complainant and the suspect in an equal way, and need to be revised. Confusion about the concepts and criteria of the RCR violations seems to be common in primary institutions and among the complainants. Even if research institutions and universities have officially adhered to the national RCR guidelines, slipping from the guidelines occurs quite commonly. All these factors lead to frequent dissatisfaction with the decisions or procedures applied, high rate of appeals to TENK, and far from optimal functionality of the system. (shrink)

This book discusses American pragmatism as it is found in the writings of its three major advocates: Charles S. Peirce, William James, and John Dewey. This book discusses each man's definition of pragmatism and shows how each of them applied it to one basic concept: Peirce to a theory of reality; James to a notion of truth; and Dewey to the concept of God.

ABSTRACTWilliam Morgan presents two diametrically opposed normative conceptions of sport and athletic excellence from late nineteenth/early twentieth-century British and American athletes. He claims that this example shows that the normative theory of sport presented by broad internalism is false or at least inadequate. As an alternative, he presents the concept of deep conventions, which, he claims, can successfully adjudicate such normative disputes. I argue that Morgan’s counterexample is not nearly so decisive against broad internalism as it might seem and that (...) his own solution, deep conventionalism does no better in solving the dispute and suffers from further issues of its own. (shrink)

All higher education institutions in Finland are committed to following the guidelines of good scientific practice and procedures to handle allegations of misconduct compiled by the Finnish Advisory Board on Research Integrity. However, there is no research available in what way institutions follow these guidelines. This article analyses the current practices of defining and dealing with plagiarism in published Master’s theses. The data consist of 29 written notifications of suspected plagiarism in Master’s theses that were sent to the rectors of (...) universities and decisions on these 29 cases. Inductive content analysis was used to classify the decisions according to definitions of plagiarism, processes to deal with suspicions and sanctions for plagiarism. Due to inconsistency and perplexity in some of the decisions, classifications are overlapping. The main actor in the process is the rector of the higher education institution who bases the decision on the views of preliminary enquirer. Preliminary inquiry has replaced investigation proper and this allows the procedures to remain internal and local. There is no consensus of the definition of plagiarism, and the sanctions for plagiarism vary from nothing to an attempt to revoke a Master’s degree. The adherence of the higher education institutions to the national ethical guidelines is not optimal and leads to inconsistent responses to notifications of suspected plagiarism. (shrink)

All higher education institutions in Finland are committed to following the guidelines of good scientific practice and procedures to handle allegations of misconduct compiled by the Finnish Advisory Board on Research Integrity. However, there is no research available in what way institutions follow these guidelines. This article analyses the current practices of defining and dealing with plagiarism in published Master’s theses. The data consist of 29 written notifications of suspected plagiarism in Master’s theses that were sent to the rectors of (...) universities and decisions on these 29 cases. Inductive content analysis was used to classify the decisions according to definitions of plagiarism, processes to deal with suspicions and sanctions for plagiarism. Due to inconsistency and perplexity in some of the decisions, classifications are overlapping. The main actor in the process is the rector of the higher education institution who bases the decision on the views of preliminary enquirer. Preliminary inquiry has replaced investigation proper and this allows the procedures to remain internal and local. There is no consensus of the definition of plagiarism, and the sanctions for plagiarism vary from nothing to an attempt to revoke a Master’s degree. The adherence of the higher education institutions to the national ethical guidelines is not optimal and leads to inconsistent responses to notifications of suspected plagiarism. (shrink)

All higher education institutions in Finland are committed to following the guidelines of good scientific practice and procedures to handle allegations of misconduct compiled by the Finnish Advisory Board on Research Integrity. However, there is no research available in what way institutions follow these guidelines. This article analyses the current practices of defining and dealing with plagiarism in published Master’s theses. The data consist of 29 written notifications of suspected plagiarism in Master’s theses that were sent to the rectors of (...) universities and decisions on these 29 cases. Inductive content analysis was used to classify the decisions according to definitions of plagiarism, processes to deal with suspicions and sanctions for plagiarism. Due to inconsistency and perplexity in some of the decisions, classifications are overlapping. The main actor in the process is the rector of the higher education institution who bases the decision on the views of preliminary enquirer. Preliminary inquiry has replaced investigation proper and this allows the procedures to remain internal and local. There is no consensus of the definition of plagiarism, and the sanctions for plagiarism vary from nothing to an attempt to revoke a Master’s degree. The adherence of the higher education institutions to the national ethical guidelines is not optimal and leads to inconsistent responses to notifications of suspected plagiarism. (shrink)

All higher education institutions in Finland are committed to following the guidelines of good scientific practice and procedures to handle allegations of misconduct compiled by the Finnish Advisory Board on Research Integrity. However, there is no research available in what way institutions follow these guidelines. This article analyses the current practices of defining and dealing with plagiarism in published Master’s theses. The data consist of 29 written notifications of suspected plagiarism in Master’s theses that were sent to the rectors of (...) universities and decisions on these 29 cases. Inductive content analysis was used to classify the decisions according to definitions of plagiarism, processes to deal with suspicions and sanctions for plagiarism. Due to inconsistency and perplexity in some of the decisions, classifications are overlapping. The main actor in the process is the rector of the higher education institution who bases the decision on the views of preliminary enquirer. Preliminary inquiry has replaced investigation proper and this allows the procedures to remain internal and local. There is no consensus of the definition of plagiarism, and the sanctions for plagiarism vary from nothing to an attempt to revoke a Master’s degree. The adherence of the higher education institutions to the national ethical guidelines is not optimal and leads to inconsistent responses to notifications of suspected plagiarism. (shrink)

ABSTRACTI argue that Bernard Suits’ definition of game playing, suitably extended with David Lewis’ account of coordinating conventions, is robust enough to withstand some common objections made ag...

Unmet legal needs contribute to housing, income, and food insecurity, along with other conditions that harm health and drive health inequity. Addressing health injustice requires new tools for the next generations of lawyers, doctors, and other healthcare professionals. An interprofessional group of co-authors argue that law and medical schools and other university partners should develop and cultivate Academic Medical-Legal Partnerships (A-MLPs), which are uniquely positioned to leverage service, education, and research resources, to advance health justice.

I endorse an old view that distributive justice can best be understood as people getting what they deserve. John Rawls has several famous arguments to show that such a view is false. I criticize those arguments, but agree that more work needs to be done on the clarification and explanation of the concept of desert in order for the old view to be more than a platitude. I then criticize attempted analyses of the concept of desert by Feinberg, Kleinig, and (...) Miller. I claim that desert must be taken as a primitive concept. However, even though desert is primitive, there still needs to be some account of what sorts of things make a person deserving . Some proposed desert bases include need, personhood, diligence, moral worth, autonomous action, and entitlement. I criticize George Sher's work on autonomous action, diligence, and moral worth, then propose and defend a modified version of the view that all legitimate desert bases are either virtues or vices. (shrink)

This paper explores women’s daily practice of resistance built into the racialized and gendered social structure of customary marriages in South Africa. I argue that women resist, accommodate, adapt, and contest power and authority in the decision to leave the marriage, in negotiating the exit from the marriage, and in their approach to the financial consequences of the separation. By using the myriad of daily practices as evidence for resistance, the study identifies three forms of femininities that emerge from the (...) data: Emphasized femininity characterizes women’s compliance with women’s subordination, ambivalent femininity describes a complex combination of compliance and resistant activities in women practices, and alternative femininities typifies the rejection and resistance with women’s subordination. The paper discusses how these different forms of femininity emerge in their specific cultural, class, and temporal context. The findings reveal that the resistance practices are accompanied by more general ideological awareness of how gender, seniority, and lineage shape the lives of these women at this time of transition. (shrink)

Antidoping policy regulates and punishes the use of substances that are listed on a Prohibited List (PL). These substances are colloquially known as ‘performance-enhancing substances’. There is very little empirical evidence of enhancement for most of the substances on the PL raising the possibility that the perceived enhancement of performance experienced by an athlete is a placebo effect. A placebo effect is a response to an inert substance that is strongly influenced by psychological and social cues in the surrounding environment. (...) It is our contention that, given the lack of proper empirical testing of the substances on the PL, it is in fact the appearance of a substance on the PL that has the strongest performance-enhancing effect in elite athletes. This disconnect between science and WADA’s code raises the question of what we really object to: real performance enhancement achieved using substances on the PL or performance enhancement that occurs because WADA has told us that the substance will enhance performance by placing it on the PL? In this case, antidoping policy would punish those who believe the performance-enhancing myth at the heart of the PL thus leading to a deeply flawed policy that creates its own victims. (shrink)

A discussion of American pragmatism through the writings of its three major advocates: Charles S. Peirce, William James, and John Dewey. Examines how each applied pragmatism to, respectively, the theory of reality, the notion of truth, and the concept of the good.

A compilation of selected papers presented at the 1989 Charles S. Pierce International Congress Interest in Charles Sanders Peirce (1839-1914) is today worldwide. Ernest Nagel of Columbia University wrote in 1959 that "there is a fair consensus among historians of ideas that Charles Sanders Peirce remains the most original, versatile, and comprehensive philosophical mind this country has yet produced." The breadth of topics discussed in the present volume suggests that this is as true today as it was in 1959. Papers (...) concerning Peirce's philosophy of science were given at the Harvard Congress by representatives from Italy, France, Sweden, Finland, Korea, India, Denmark, Greece, Brazil, Belgium, Spain, Germany, and the United States. The Charles S. Peirce Sesquicentennial International Congress opened at Harvard University on September 5, 1989, and concluded on the 10th—Peirce's birthday. The Congress was host to approximately 450 scholars from 26 different nations. The present volume is a compilation of selected papers presented at that Congress. The philosophy of science and its logic are themes in the work of Charles Peirce that have been of greatest interest to scholars. Peirce was himself a physical scientist. He worked as an assistant at the Harvard Astronomical Observatory from 1869 to 1872 and made a series of astronomical observations there from 1872 to 1875. Solon I. Bailey says of these observations, "The first attempt at the Harvard Observatory to determine the form of the Milky Way, or the galactic system, was made by Charles S. Peirce....The investigation was of a pioneer nature, founded on scant data." Peirce also made major contributions in fields as diverse as mathematical logic and psychology. C. I. Lewis has remarked that "the head and font of mathematical logic are found in the calculus of propositional functions as developed by Peirce and Schroeder." Peirce subsequently invented, almost from whole cloth, semiotics - the science of the meaning of signs. Ogden and Richards, the British critics, say that "by far the most elaborate and determined attempt to give an account of signs and their meanings is that of the American logician C. S. Peirce, from whom William James took the idea and the term Pragmatism, and whose Algebra of Dyadic Relations was developed by Schroeder.". (shrink)

This is a new release of the original 1928 edition.

This article is the product of a critical engagement that I have orchestrated between Husserl’s phenomenology and Stoic epistemology. I argue that the Stoic theory of knowledge, which is based upon the idea that the individual human being is a logos spermatikos, or “rational seed” of God, precludes any authentic doctrine of freedom, insofar as it enslaves the individual to a constant reference back toward God, as the source of “fundanlent” of all knowledge. However, the similarities between the Stoic theory (...) and the phenomenology of Husserl call us toward a deeper reading, and an asking of the important question: what constitutes freedom? This question can only be answered by thinking beyond both Stoic epistemological schemas and Husserlian intentionality, toward a doctrine of freedom that is best described as demiurgic.Cet article est le produit d’une enterprise critique organisée autour de la phénoménologie husserlienne et de I’épistémologie stoïcienne. Je soutiens que la théorie stoïcienne de la connaissance, fondée sur I’idée qui veut que I’être humain individuel soit un logos spermatikos, un “germe rationnel” de Dieu, exclut toute doctrine authentique de la liberté, dans la mesure où elle contrait I’individu à référer constamment à Dieu en tant que source ou “fondement” de toute connaissance. Toutefois, les similarités entre la théorie stoïcienne et la phénoménologie husserlienne nous poussent à une interprétation plus profonde et à poser I’importante question: qu’est la liberté? Cette question ne peut être répondue qu’en dépassant et les schémes épistémologiques stoïciens, et I’intentionalité husserlienne, vers une doctrine de la liberté qui pourrait être qualtfiée de démiurgique. (shrink)

This article is the product of a critical engagement that I have orchestrated between Husserl’s phenomenology and Stoic epistemology. I argue that the Stoic theory of knowledge, which is based upon the idea that the individual human being is a logos spermatikos, or “rational seed” of God, precludes any authentic doctrine of freedom, insofar as it enslaves the individual to a constant reference back toward God, as the source of “fundanlent” of all knowledge. However, the similarities between the Stoic theory (...) and the phenomenology of Husserl call us toward a deeper reading, and an asking of the important question: what constitutes freedom? This question can only be answered by thinking beyond both Stoic epistemological schemas and Husserlian intentionality, toward a doctrine of freedom that is best described as demiurgic.Cet article est le produit d’une enterprise critique organisée autour de la phénoménologie husserlienne et de I’épistémologie stoïcienne. Je soutiens que la théorie stoïcienne de la connaissance, fondée sur I’idée qui veut que I’être humain individuel soit un logos spermatikos, un “germe rationnel” de Dieu, exclut toute doctrine authentique de la liberté, dans la mesure où elle contrait I’individu à référer constamment à Dieu en tant que source ou “fondement” de toute connaissance. Toutefois, les similarités entre la théorie stoïcienne et la phénoménologie husserlienne nous poussent à une interprétation plus profonde et à poser I’importante question: qu’est la liberté? Cette question ne peut être répondue qu’en dépassant et les schémes épistémologiques stoïciens, et I’intentionalité husserlienne, vers une doctrine de la liberté qui pourrait être qualtfiée de démiurgique. (shrink)

The original version of this article unfortunately contained a mistake.

As the shield preempting state suits under the Employee Retirement Income Security Act has been successfully pierced and Duke v. U.S. Healthcare, Inc., 57 F.3d 350 ), plaintiff attorneys have begun to use the ERISA statute itself to further litigation against managed care organizations. The court in Shea v. Esensten, 107 F.3d 625, held in a landmark decision that an HMO's failure to disclose financial incentives that discourage a treating physician from providing essential health care referrals for conditions covered under (...) the plan benefit structure is a breach of ERISA's fiduciary duties. (shrink)

As the shield preempting state suits under the Employee Retirement Income Security Act has been successfully pierced and Duke v. U.S. Healthcare, Inc., 57 F.3d 350 ), plaintiff attorneys have begun to use the ERISA statute itself to further litigation against managed care organizations. The court in Shea v. Esensten, 107 F.3d 625, held in a landmark decision that an HMO's failure to disclose financial incentives that discourage a treating physician from providing essential health care referrals for conditions covered under (...) the plan benefit structure is a breach of ERISA's fiduciary duties. (shrink)