Abstract:In this essay I examine restrictions on labor as takings of property: a liberty to work is property, and restrictions of that liberty are takings. I set property in one’s labor within a unified framework for all forms of property, understood as a social institution for balancing two freedoms: freedom to act even if it interferes with someone else, and freedom from interference. As such, property includes not only possession but also use and disposition. To restrict use or disposition is (...) to alter those freedoms, which is a taking of property, including property in one’s labor. I understand such takings to be justified insofar as they benefit the persons whose freedoms are altered, taking up the question of when restrictions on use and disposition of labor are to the benefit or the harm of excluded workers. Appreciating that labor is property, and that restrictions on labor are takings, reframes the justificatory burden that restrictions on labor must bear. And where that justification is lacking, this approach reframes the nature of the wrongs that unjustified restrictions perpetrate, especially against the most vulnerable workers. (shrink)

At lunch one day a colleague and I had a friendly argument over occupational licensing. I attacked it for being anticompetitive, arguing that licensing boards raise occupational incomes by restricting entry, advertising, and commercialization. My colleague, while acknowledging anticompetitive aspects, affirmed the need for licensing on the grounds of protecting the consumer from frauds and quacks. In many areas of infrequent and specialized dealing, consumers are not able, ex ante or even ex post, to evaluate (...) competence. I countered by suggesting voluntary means by which reputational problems might be handled and by returning to the offensive. I said that in fact the impetus for licensing usually comes from the practitioners, not their customers, and that licensing boards seldom devote their time to ferreting out incompetence but rather simply to prosecuting unlicensed practitioners. I mentioned cross-sectional findings, such as those on state licensure, prices, and occupational incomes. Overall, I characterized the professional establishment as a group of dastardly operators, who set the standards, write the codes, and enforce behavior to enhance their own material wellbeing - in brief, as venal rent-seekers. (shrink)

The variety and complexity of the eight papers in this Symposium issue are evidence that immigration is a tough nut to crack both as a matter of policy and application. There is no way that any short summary can do justice to these papers, which take a variety of moral, economic, historical, and empirical approaches to some of the recurrent issues in the field, so it is best in this short issue to try to situate the problem in a general (...) classical liberal context, to show where the pressure points are most likely to appear.The initial way to approach this problem is to start with the simple proposition that the world today is divided into national territories where the practical norm is well-nigh universal: That each sovereign state has exclusive control over its own territory, which, among other things, allows it to decide which individuals are members of that state. These citizens have privileges that may be exercised, no questions asked, on such key matters as entering labor markets, owning property, voting, and otherwise participating in political affairs. All these activities may be denied or granted, at will, to any and all outsiders by the territorial sovereign.No one doubts the need for having some form of territorial control. The need to have some monopoly of force could not be achieved if the entire world, with its infinite diversity of locations and populations, were under a single sovereign. Indeed, in many cases, the divisions within a given country may be so pronounced that separation rather than aggregation is the norm. Thus, at the end of the British Raj, India split into India and Pakistan, and later Pakistan split into Pakistan and Bangladesh. Less dramatically, Czechoslovakia split into two countries, the Czech Republic and Slovakia, while the former Yugoslavia split into five nations, starting from the northwest: Slovenia, Croatia, Bosnia and Herzegovina, Serbia, and Macedonia. Clearly, these ethic differences, be they large or small, are a major obstacle to the expansion of the size of the state. And today, the territorial instinct reasserts itself as the member states of the European Union impose more restrictions on immigration.Yet at the same time, the normative foundations of this system seem elusive. There is the following deep skepticism about the importance of these borders, expressed in these essays by Jeremy Waldron and Ilya Somin, that these national boundary lines should have such a pronounced role in political economy. Michael Blake pursues this theme further by asking the extent to which classical liberals can justify exclusion through the use of violence—or is it force? The inquiry into the dominant role of territoriality can then be expanded, as by Peter Margulies, to examine all sorts of negative externalities that could be created both by easy and strict rules of admission.Taken as a whole, there is no doubt that these national barriers are a serious obstacle to the free trade in goods and services between two individuals, one inside the boundary and one outside. The general view is that these barriers block the gains from trade, which is what drives economic progress, so that ideally all tariffs and quantitative restrictions should give way to a system of free trade in which petty objections by domestic competitors of foreign firms should not dictate local policies.It should, of course, be evident that powerful conflicting forces on free trade and protectionism ebb and flow over time. It should therefore come as no surprise that the stakes are even higher where what is at stake is the movement of people across national boundaries. The loss to any given country from keeping out potential citizens can be enormous, and we see powerful political forces clamp down on open immigration, so many of these gains from trade are lost. The situation can be even more heartbreaking when the ability to leave a country exposes innocent people to imprisonment or death.So what is the explanation for so many nations closing their borders? Much of the explanation comes from old-fashioned protectionism. Your computer programmers will take the jobs of our specialists. There is all sorts of occupational licensing and other barriers to entry within a domestic economy, so there is no reason to expect that these forces will not exert even greater influence against outsiders who do not, after all, have a voice in the local economy and who, therefore, as Alex Nowrasteh, Michael Howard, and Andrew Forrester observe, have little ability to influence domestic policy even after they enter a country. In addition, as Gabriel Chin discusses, strong racial prejudices also lead to exclusions from the domestic economy. Not only are there objections in, say, the United States and much of Western Europe, of exclusion on straight racial grounds, as exemplified by Chinese exclusion acts. The force of these exclusions are also subject to political change. Thus, the Immigration Act of 1924 (the Johnson-Reed Act) was part of a white supremacist program, which gave way two decades later to a very different legal regime with the Immigration Act of 1965, which put an end to the venerable system of national-origin quotas.Yet two other reasons for exclusion are constantly at issue. Immigrants not only bring in their labor but also their families, cultures, and traditions that, in public spaces, may clash with local norms and cultures on such elementary and critical matters as to whether women should dress modestly and wear head coverings. Will freewheeling Danes and Swedes feel comfortable if large numbers of Muslims continue their traditional practices with strong barriers between men and women? There are no obvious market mechanisms that will mitigate these issues, and the situation becomes even more fraught if there are large welfare or educational costs that fall, at least in the short run, on local citizens. These are compounded by the fact that immigrants will typically gain political rights that could easily skew the balance of political power between established and newly arrived ethnic groups by altering the outcome of national and local elections. And letting people in is not just done on a simple open-borders policy. Thus, in many countries, as Lance Pritchett discusses, there is the controversial option of letting foreigners in on short-term labor visas that require them to leave after a certain period. And there are further questions about whether people should be deported if they lied on their entry applications or committed some crime while in the new country, as has occurred in the United States. The numbers of cases can be high and their complexity great, so it is fair to ask, along with Jill Family, whether some self-conscious exceptions to the Administrative Procedure Act of 1946, analogous statutes elsewhere, should be regarded as part of the new normal.It is therefore necessary to deal with the thrust and counterthrust on all these issues. It is also fair to ask whether classical liberalism has a distinctive view on these issues, or whether the combination of private gains and multidirectional externalities gives rise to empirical questions that, as always, require further reflection, even when certain situations—the major influx of illegal immigrants on the US southern border—will generate such powerful emotions that detached intellectual inquiry is ever more difficult. We cannot answer these questions, and thus offer to you a set of essays that take a stab at these difficult topics. (shrink)

The present case study explores the contribution of the Teaching Knowledge Test to Saudi Arabia's English Language Teaching development regarding the educational reforms presented by Vision 2030. Drawing on a qualitative research approach, twelve EFL TKT-certified Saudi male teachers participated in semi-structured interviews to establish how TKT certification contributes to teacher professional development, motivation, and teaching competency. The study examined how TKT has led to personal growth, job satisfaction, and matching teaching practices prescribed in national education standards, including the Professional (...) Educational Occupational License Test - PEOLT. The findings from the research indicate that TKT certification undoubtedly influences linguistic and professional competencies on a positive note. As a consequence of TKT training, teachers improve their sense of professional identity and consolidate their teaching methods. Teachers reported increased confidence, motivation, and job satisfaction following self-determination and competence-based theories. In addition, this study shows that TKT and PEOLT are complementary and that both assessment results combine to give a complete framework for assessing English language teachers. Continuous teacher training programs are therefore needed to realize the aims of Vision 2030. This study will provide information on the effectiveness of standardized testing in teacher development within the context of Saudi Arabian educational reforms. (shrink)

:In a recent paper in Nature1 entitled The Moral Machine Experiment, Edmond Awad, et al. make a number of breathtakingly reckless assumptions, both about the decisionmaking capacities of current so-called “autonomous vehicles” and about the nature of morality and the law. Accepting their bizarre premise that the holy grail is to find out how to obtain cognizance of public morality and then program driverless vehicles accordingly, the following are the four steps to the Moral Machinists argument:1)Find out what “public morality” (...) will prefer to see happen.2)On the basis of this discovery, claim both popular acceptance of the preferences and persuade would-be owners and manufacturers that the vehicles are programmed with the best solutions to any survival dilemmas they might face.3)Citizen agreement thus characterized is then presumed to deliver moral license for the chosen preferences.4)This yields “permission” to program vehicles to spare or condemn those outside the vehicles when their deaths will preserve vehicle and occupants.This paper argues that the Moral Machine Experiment fails dramatically on all four counts. (shrink)

Members of licensed occupations benefit from legal standards that limit entry into their professions. Is it ethical for these professionals to give political support to these standards? I examined the case of real estate brokers and found that their educational requirements raise average commissions by one quarter of a percentage point, costing consumers $5.4 billion per year without improving the quality of brokerage services. The case raises interesting ethical issues which are difficult to resolve.

Although the need of freedom is definite, the concept of individual freedom, while being interpreted with legal terms, causes not only theoretical, but also practical problems. The observed two extremes of freedom are defined as any human self-expression as well as the license, where the state power is generally attributed to disregard personal freedom. In this article the freedom of expression and state enforcement jurisdiction dichotomy are addressed by discussing positive and negative conceptions of freedom and the relationship between the (...) interpretations of political liberalism and Kant and Hegel‘s philosophies. This paper aims to prove that the positive liberty is the assumption of the negative liberty. The paper based on Hegel‘s philosophy shows that freedom is the characteristic of human nature to seek identity. It is also argued that human identity can take many forms and, therefore, a person has a number of inherent rights and liberties. It is human psycho-physical identity that provides the right to life and health care; human creative identity, providing the right to privacy and freedom of occupation; human moral identity, which provides the right of dignity, and the moral autonomy of person’s social and political identity, providing the political and social rights and freedoms. This article concludes that while a person uses the given rights with integrity and the state is limiting people’s arbitrariness, there is no conflict between the freedom and state violation. (shrink)

Corporations have often been taken to be the paradigm of an organization whose agency is autonomous from that of the successive waves of people who occupy the pattern of roles that define its structure, which licenses saying that the corporation has attitudes, interests, goals, and beliefs which are not those of the role occupants. In this essay, I sketch a deflationary account of agency-discourse about corporations. I identify institutional roles with a special type of status function, a status role, in (...) which the collectively accepted function is expressed in part through its occupier’s intentional expression of her agency in that role. I identify institutions as systems of status roles and show how this is compatible with seeing the agency of institutions generally, even over time periods in which there is complete change in role occupiers, as a matter of the contributions only of individual agents. I explain how the reduction of the institution to its members is compatible with its potentially having had a completely different membership. I show in the case of the corporation in particular that, once we see its origins and function, the surface features of legal discourse about corporate agency are misleading and are compatible with a deflationary account of corporate agency. I show in connection with this that the corporation is to be identified with its shareholders, and that where a corporation separates ownership and control, its managers and employees are proxy agents of the shareholders doing business under the corporate form. Finally, I canvass the legitimate ways of construing ordinary talk about corporate intention, belief, and so on, in light of this, none of which support the attribution of genuine agency or intentionality to any group per se associated with the corporation. (shrink)

Ethics and Responsibilities of Engineers is designed to help students and new practitioners understand from where ethics originate and how they have developed in the profession. It is written to help engineers understand how the coursework they take in school aligns with the public good. What separates this book from others is the focus on the historical development of ethics for the profession and the role played by our educational system, accreditation commissions, and licensing boards. The knowledge and regulatory (...) basis for the engineering occupation permits engineers to comprehend and address (and thereby often avoid) the challenges that might compromise the image of engineers in society. The trust that the public has in their judgment to protect and serve society is what allows engineers to be held in high esteem. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Retention, Reliability, and DedicationRenee J. TillmanI love what I do. I am a Hospice and Palliative Nurse Assistant. I have been for 16 years. I have worked in this field for 37 years—in long term care, private duty and home health. I still like getting up and going to work. I have a great work ethic. I think it came about when I started working for Leader Nursing and (...) Rehabilitation Center. My plans were to become a nurse, just like my mother. This employer believes that if he contributed to his employees by way of educating them he would accomplish two things. Loyal employees and highly skilled nurse aides. He knew we were the backbone of his center and believed in his strategy to give the very best care his employee's could provide.I was one of the first nursing assistants in the building. I started on the 11-7 shift, myself and a licensed vocational nurse (LVN). She was a gem. In a four story building. They had security for us. They started from the top and filled the building up. I was never so proud to be a nurse aide. Pretty soon we were filled. I worked the night shift for three years and decided to go to the day shift, 7 to 3. [End Page 154]It was then that I decided this profession was for me, and I was going to be the best. Everything we did was a learning experience. We received report at the beginning of our shift. We were asked to be on the job 15 minutes before shift, and we did so without pay. We felt it was important to get information to care for the residents. The incentives were what they called the Leader Ladder. This Ladder was there for you to climb to the highest occupation in the nursing field you wanted to go, with the help from the scholarship program in place. The goals of the employer were retention, reliability, support, and dedication from the employees.That is not in place today, especially in the long-term care settings. There is a revolving door in most places. In most places employees don't even have nametags. If they do have them, they're in the pockets just to swipe the clock. Uniforms are not decent, I mean wrinkle-free and clean. Even hair and faces are not groomed. Yes I see this today. We are the forgotten, the invisible. Shame on those watch dogs. When I was with Leader, I would watch my nurse do everything—catheters, suctioning, wound care—everything. We used to do wound care and finger sticks. In some places, they don't even let the aides do vital signs.One of the cases I will never forget, this was at a rehabilitation center with a floor that was skilled. This lady was admitted. She was only 60. She had the biggest tumor I had ever seen on the side of her neck; it was cancerous. The tumor was growing outside her neck. I was just 25. When we received report that morning, we were told of physical and history, where she was with her disease, and that she had come there to die. She had no family. We quickly became her family. She was tall and skinny with dark hair. We were also told how she would die and to be prepared so it would not be scary for her or for us. She was going to bleed to death from the tumor. But, our biggest challenge, you see, was not to show that there was an odor when in her room or where ever she was. The cancer was very foul-smelling. I think that is why she loved us; we acted like there was no smell. The day she died, her tumor started a steady flow of blood. She knew it was the end. We had dark towels for her, she lay in her bed, she was never left alone. We had our work to do, but she was never left alone. What I remember the most is her eyes; you see, she could not speak that day. She... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Pride in Giving Care and Other Life Lessons from Certified Nursing AssistantsDelese WearMy father spent the last three weeks of his life in a hospice care facility. It's funny, now reading these narratives written by Certified Nursing Assistants (CNAs), that I can't picture him without Gloria, the CNA who worked the 7-3 shift, floating quietly in and out of his room, tending to him, tending to us, speaking quietly (...) to Dad even when he was no longer conscious, offering us conversation, often her affectionate observations of Dad and curiosity about his life, sometimes about life on the "outside," a kind of respite from total attention on Dad and our grieving. I remember the smell of the lotion she rubbed on his body. I remember no other caregivers in his room; there obviously were, but I can't picture them now, only Gloria. We never spoke directly to the medical director of the hospice. He was a phantom, rounding at 5 or 6 a.m.; we came to believe he did so to avoid speaking to families.Those three weeks led to my conceptions about CNAs—the nature of the work they do, the kinds of people who do such work, the awesome responsibilities involved in such work, and not least, the physical and emotional resiliency of those who undertake such work. My and my family's often recited, "How does she do this every day?" was answered time and again in the narratives written by CNAs in this issue of the journal.But before moving forward, I want to make note of how I will refer to the authors of these narratives. The name of one's occupation, the title one uses, and how others refer to your occupation, is obviously meaningful. If the snapshots of CNAs provided in these narratives are somewhat representative, we find those who refer to themselves and their occupation as nursing assistants, nurse assistants, Certified Nursing Assistants (CNAs), State Licensed Nursing Assistants (SLNA), or simply aides, to name a few. While it is beyond the space offered here, I want to make note of this, recognizing that titles/labels matter, and to acknowledge that status. As CNA Nanci Robinson notes, "most of us are certified... I wouldn't call an LPN a PN and leave out she's licensed." Passage of the Omnibus Budget Reconciliation Act of 1987 (OBRA 87), required each State to establish State-approved nurse aide training programs and establish requirements for nurse aide competency. Thus, I will refer to all the authors here as Certified Nursing Assistants (CNAs). I do wonder how significant of an issue these variations of titles are within the larger nursing assistant culture, and how it may contribute to disparities regarding pay schedules, duties, status, training and other relevant issues among all nursing assistants.In spite of problems, stressors, and other quality of life issues for CNAs, most of them spoke with pride and meaning regarding what was for many their "life's work," similar to what one might expect to find in other care giving occupations. Some spoke of a "love of the work," its "rewards" and "joys," [End Page 165] and the intense satisfaction of "making a difference" in patients' or residents' lives. These attitudes were not vague abstractions but were grounded throughout the narratives in rich examples of the affirming aspects of their work.It appears that much of the pleasure comes from what many refer to as the "hands on," "direct care," or "front line" nature of the work—often what other health professionals might view as things they would not want to do. And of course these other professionals—registered nurses, occupational therapists, and physicians—could make the same claim when describing the "hands-on" joys of their work. But the differences, it would seem, are profound between these other caregivers and CNAs. The CNA narratives report fundamentally intimate and often daily relationships with their clients/residents/patients. Danny Reed describes the "delight" he feels "in restoring dignity to every human in need of it regardless of cause," referring to himself as a "participant observer in a caring relationship," not as a "detached clinician." Many spoke directly... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Medical Ethics in a Time of De-CommunizationRobert Baker (bio)Ethics is often treated as a matter of ethereal principles abstracted from the particulars of time and place. A natural correlate of this approach is the attempt to measure actual codes of ethics in terms of basic principles. Such an exercise can be illuminating, but it can also obscure the circumstances that make a particular codification of morality a meaningful response (...) to specific historic circumstances. This is particularly true of the codes of medical ethics beginning to emerge from the post-Communist societies of Eastern Europe, which are, perhaps, best understood as artifacts of an era, rather than as expressions of abstract principles.The era in question is post-Communist. It is an era informed by a reaction to decades of Communism, which, of course, was more than an economic system or even an ideology; it was a form of life that permeated every aspect of civil society—advertising, art, literature, music. Medicine was not exempt. I recall entering an oncology ward in East Berlin and finding the patients seated around a large table making posters. Wondering whether this was a form of art therapy, I asked the head nurse what the patients were doing. She replied: it is "Party time—the portion of each week every citizen donates to the people and the Party." I looked again at the posters and saw that they honored Karl Marx on the 100th anniversary of his death: "1883-1983, The Struggle Goes On." The Party, the struggle, the people, were everywhere, and they penetrated and informed daily life even for terminal patients on a cancer ward.The interweaving of Communist practices into the warp and woof of daily life has profound implications for the post-Communist era. It means that East Europeans cannot simply rebuild; they must unweave Communist thought patterns—what might be called the ideostructure of Communism—from the fabric of their lives through a deliberate process of deCommunization. What remains after de-Communization depends upon [End Page 363] the historical relationship each country had with Communism. In Russia, removing Communist ideostructure sets the conceptual calendar back to 1918. For the Czechs, the calendar advances to the 1930s, leaving them with thought patterns that are Western, industrial, and democratic. In the rest of Eastern Europe the conceptual clock also tends to turn back to the 1930s, but at that time the conceptual frameworks were nationalist, anti-Western, and frequently fascist, or even Nazi.In Poland the situation is different. World War II opened with the Nazi invasion of the country—which Hitler (later joined by Stalin) subsequently occupied. After the war, the Soviet army controlled the country, which became a captive player in the Soviet sphere of influence (aptly denominated, "the Warsaw Pact"). Poland's pre-Communist thought patterns are nationalist, West-leaning, accepting of parliamentary structures, but also of authoritarian government. They are also Catholic.Catholicism to Poles is not merely a religion, it is a posture of opposition to their German (Nazi, antichristian) and Russian (Orthodox or atheist) occupiers. I toured Polish hospitals several times during the Communist period —always accompanied by one or more "tour guides." (Westerners were not allowed to roam Communist countries unescorted.) Almost all of my guides wore little pins adorned with the face of Lenin (not the hammer and sickle—a symbol of Soviet occupation). Most doctors and nurses, however, adorned themselves with Catholic icons—typically a crucifix. Their conspicuously displayed crosses symbolized less their embrace of Catholicism than their rejection of Communism. Catholicism, in the Polish context, was thus an affirmation of individual and national independence.De-Communizing Polish Medical Ethics: The Abortion ControversyIn Poland, de-Communization was initiated through a series of negotiations between Lech Walensa's Solidarity and the Communist Government. The Polish Code of Medical Ethics is an indirect consequence of these negotiations, which stipulated the dissolution of Communist medical organizations. They were to be replaced by a Polish Medical Chamber—a type of quasi-governmental body, common in Eastern Europe, which combines the functions of a governmental licensing agency with those of a national medical association. Medical chambers also set standards of professional conduct and (unlike... (shrink)

Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also (...) touch on other forms of discrimination that parental licensing can cause or exacerbate, such as classism, sexism, homophobia, racism, and ableism. We firmly believe that any adequate proposal in favour of parental licensing must take worries about discrimination seriously. Unfortunately, most philosophical proposals fail to do so. (shrink)

This book examines the negative power that child maltreatment has on individuals and society ethically and politically, while analyzing the positive power that parental love and healthy families have. To address how best to confront the problem of child maltreatment, it examines several policy options, ultimately defending a policy of licensing parents, while carefully examining the tension between child and adult rights and duties.

Occupational Health Nursing (OHN) has followed a complex path to build and strengthen its theoretical basis. Starting with Public Health core principles, theories were shaped by the dualism of person worker and working environment, where sometimes the centre of the thought was given to the latter and other times to the former. The problem was not much on such conflict but on the definition of the correct OHN focus and whether genuine nursing knowledge was being applied. We are worried (...) that other disciplines radically influenced the theoretical path taken by OHN theorists. To approach this problem, a unitary‐transformative perspective can help us describe and analyse this phenomenon and engage scholars to reflect upon the accurate epistemological focus of OHN. We aimed to deepen this reflection and uncover a new OHN theoretical focus. (shrink)

The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross-border situations, including situations involving international contract pregnancy. Should a convention focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to (...) adopt’. Included in it, therefore, is a parental vetting or licensing requirement. In our view, a similar requirement must also appear in any Hague Convention on international contract pregnancy if the two conventions are to be ethically consistent with one another. In particular, there should be a licensing requirement in such a convention for at least some of the prospective parents in contract pregnancy arrangements. We consider several arguments against this conclusion, and argue that none of them is successful. (shrink)

Abstract Occupational stress in nursing has attracted considerable attention as a focus for research and as a consequence multiple objects of nurses' stress, or 'stressors', have been identified. This paper puts into question the dominant conceptual and methodological approach to occupational stress in nursing research by both foregrounding the notion of anxiety and juxtaposing it with the notion of 'stress'. It is argued that the notion of 'stress' and the domination of the questionnaire have produced a narrow reading (...) of the topic. Some of the literature on occupational stress/anxiety in nursing is reviewed and our analysis illustrates how the identified objects of stress have a tendency to multiply contingent on the number of studies undertaken. Thus definitive objects of nurses' stress remain elusive. We argue that a return to the notion of 'anxiety' and methodological approaches other than empirical ones can bring both depth and breadth to the consideration of occupational distress in nursing. Further, we argue that the object of 'anxiety' is unconscious, thus unknown, and given this, a more informative approach is to map nurses' response to anxiety, the discursive formations arising out of anxiety, rather than attempt to define those objects of anxiety. (shrink)

Anna Stilz’s Territorial Sovereignty (2019) aims to be a revisionist account of territorial rights that puts the value of individual autonomy first, without giving up the value of collective self-determination. In what follows I examine Stilz’s definition of occupancy rights and her emphasis on the moral relevance of what she calls ‘located’ life plans. I suggest that, if it aims at being truly revisionist, her theory should work with a broader definition of occupancy. So long as it doesn’t, these rights (...) will be mainly the preserve of groups of settlers and peoples with predictable patterns of movement. Moreover, insofar as occupancy rights ground collective rights to self-determination, they actually have the potential to trump individual rights to what I call ‘dynamic’ or non-located occupancy. This is worrying, I claim, for at least two reasons. First, rights to dynamic occupancy are arguably as central for respecting individual autonomy as rights to located occupancy. And second, rights to dynamic ocupancy should be seen as key in helping to form the kind of political allegiances required to overcome the most pressing collective action problems that humanity faces. (shrink)

This article exploits the “binary license” offered by the title of the symposium in which it appears (“Comparative Relativism”) as a kind of promise of connection. The author suggests, however tentatively, that in the challenge of heterogeneity, fractality, perspective/-alism, and multiplicities lies the power of the forking pathway: the moment a relation is created through divergence. If we are invited—in the same breath—to consider forms of comparison and forms of relativism (dropping difference and similarity), we are also offered two paths, (...) one based on a world of singularities and multiplicities, and the other on a world of not-quite repetitions. The article asks if the binary is not essential to the epistemic work that Western (Euro-American) scholars might want to do, since we forever reinvent the divide between the modern and the post-/pre-modern. Strathern assumes the anthropologist's license to talk about concepts through persons, and begins by asking how Papua New Guineans who come together in a city compare themselves, and in contrast to ethnic comparisons elsewhere (e.g., contra Sarah Green's Balkan interactions). In talking about persons through concepts, it is worth asking what is entailed in relativizing one scholar's work through that of another. The author says that her “hunch” is that in both cases the analyst might wish to have the liberty of discerning—in the same breath—the multiplicities of what John Law and Annemarie Mol call perspectivalism (their very general alternative to comparison) and Eduardo Viveiros de Castro's radically divergent perspectivism (a self-contained, recursive and above all socially specific relativism). (shrink)

This study examines the presence of ethical climates in skilled nursing facilities and identifies their antecedents (work group, job position, tenure). A cross-sectional survey design was implemented. A total of 359 facilities were selected in the Midwestern United States. Responses were received from nurses representing 100 of those facilities (28%). A total of 656 usable questionnaires were returned of the 3060 distributed (21.4% response rate). Descriptive statistics, confirmatory factor analysis, and multivariate and univariate analyses of variance were used. The results (...) confirmed the presence of five ethical climates. Significant differences between registered and licensed practical nurses with regard to egoistic and independence ethical climates were found. Furthermore, nurses in management and non-management positions differed significantly in their perceptions of caring and egoistic climates. The results suggest incongruence in value perceptions and imply that researchers and practitioners have to direct efforts towards preventing and identifying reasons behind this. (shrink)

Given the importance of work engagement for organizations and the almost unified and steadfast understanding of its benefits, it is imperative to investigate the potential downside of work engagement to prevent unexpected damage. However, there has been relatively little research on its negative impacts. Drawing on the moral licensing theory, this study identifies the potential negative effects of work engagement by exploring the mediating role of psychological entitlement. An online experiment and a survey are conducted to test the theoretical (...) model. The results reveal that work engagement leads to deviant workplace behavior through psychological entitlement only in cases where there is a higher level of relationship conflict with supervisors. The conclusions of this study shed light on how work engagement negatively affects organizations. The current study also contributes to practice by suggesting that supervisors should be aware of employees with a higher level of work engagement and communicate with them in a reasonable manner. (shrink)

This paper proposes that both weak and strong NPIs in English are sensitive to the downward entailingness of their licensers. It is also proposed, however, that these two types of NPIs pay attention to different aspects of the meaning of their environment. As observed by von Fintel and Chierchia, weak NPIs do not attend to the scalar implicatures of presuppositions of their licensers. Strong NPIs see both the truth-conditional and non-truth-conditional (scalar implications, presuppositions) meaning of their licensers. This theory accounts (...) for the puzzling inability, noted by Rullmann and Gajewski, of Strawson anti-additive operators to license strong NPIs, as well as for the effects of Zwarts’s hierarchy of negative strength. Additional issues concerning comparative quantifiers, few, and proportional quantifiers are addressed. (shrink)

As medical technology continues to improve, more people will live longer lives with multiple chronic illnesses with increasing cumulative debilitation, including cognitive dysfunction. Combined with the aging of society in most developed countries, an ever-growing number of patients will require surrogate decision-makers. While advance care planning by patients still capable of expressing their preferences about medical interventions and end-of-life care can improve the quality and accuracy of surrogate decisions, this is often not the case, not infrequently leading to demands for (...) ineffective, inappropriate and prolonged interventions. In 1980 LaFollette called for the licensing of prospective parents, basing his argument on the harm they can do to vulnerable people. In this paper, I apply his arguments to surrogate decision-makers for cognitively incapacitated patients, rhetorically suggesting that we require potential surrogates to qualify for this position by demonstrating their ability to make reasonable and rational decisions for others. I employ this theoretical approach to argue that the loose criteria by which we authorize surrogates’ generally unchallenged power should be reconsidered. (shrink)

When picking up a book titled Licensed to Practice: The Supreme Court Defines the American Medical Profession, one cannot be faulted for expecting a rather dry legal discourse on the Supreme Court case that cemented medical licensure as the norm of American life. James Mohr dispels these expectations from the very first page of the volume. Instead of recitation of legal doctrine, Mohr begins with a murder mystery. While we know from the very first pages the answer to “whodunit,” the (...) rest of the book masterfully explains why they did it. As it turns out, what led to the murder was an intense fight over the proper way to practice medicine. Mohr’s work is.. (shrink)

Although systems for licensing professionals are far from perfect, and their problems and costs should not be ignored, they are justified as a necessary means of protecting innocent people's vital interests. Licensing defends patients from inept doctors, pharmacists, and physical therapists; it protects clients from unqualified lawyers. We should protect people who are highly vulnerable to those who are supposed to serve them, those with whom they have a special relationship. Requiring professionals to be licensed is the most (...) plausible way of doing that. Given the overwhelming support for the licensing of these professionals, I find it odd that so many people categorically reject proposals to license parents. Although the relationship between a parent and her children is different in some respects, it is also relevantly similar to that between a professional and those she serves. To defend these claims, I show how and why the rationale for licensing parents parallels the rational for licensing professionals. I then ask whether such a program could be justifiably implemented. Finally, I describe and reject what I see as the flawed view of the relationship between parents and their children. (shrink)

AimWe aim to explore the impact of occupational stress on the quality of life of nurses in infectious disease departments and to explore the mediating role of psychological resilience on this impact.BackgroundSudden public health events and the prevalence of infectious diseases give nurses in infectious disease departments a heavy task load and high occupational stress, which can affect their quality of life, and which is closely related to the quality of clinical care they provide. There are few existing (...) studies on occupational stress, psychological resilience, and the quality of life of nurses in infectious disease departments.MethodsWe collected data from infectious-disease-specialized hospitals or infectious disease departments of general hospitals in China. In total 1,536 nurses completed questionnaires: the Effort-Reward Imbalance Questionnaire, the Connor-Davidson Resilience Scale, and the World Health Organization Quality of Life Brief Scale. We use a structural equation model to test the mediating role of the psychological resilience in the relationship between occupational stress and quality of life.ResultsAmong 1,536 participants, 88.2% experienced an effort-reward imbalance. The average scores for psychological resilience and quality of life were 56.06 and 51.80, respectively. Our results show that occupational stress is negatively correlated with psychological resilience and quality of life. In addition, we find that psychological resilience is positively correlated with quality of life and that the indirect effect of occupational stress on quality of life through psychological resilience is significant, indicating at least a partial mediating role of psychological resilience.ConclusionA high proportion of nurses in infectious disease departments felt that their jobs’ effort-reward imbalance was high. These nurses’ scores for psychological resilience were in the middle level among Chinese people generally, but their quality of life was lower than the Chinese norm. We conclude that occupational stress has an important impact on their quality of life, and psychological resilience plays a partial mediating role on this impact.Implications for Nursing ManagementHospital managers can benefit from paying attention to the occupational stress of nurses and helping to improve the quality of life of nurses by alleviating this occupational stress and improving psychological resilience. (shrink)

Positive Polarity indefinites, such as some in English, are licensed in simplex negative sentences as long as they take wide scope over negation. When it surfaces under a clausemate negation, some can in principle take wide scope either by movement or by some semantic mechanism; e.g., it can take pseudoscope if it is interpreted as a choice function variable. Therefore, there is some uncertainty regarding the way in which PPI indefinites get licensed: can pseudoscope suffice? In this article we show, (...) using novel data from Hindi-Urdu and English, that pseudoscope is not sufficient, and that it is the syntactic position of PPI indefinites at LF, rather than their actual scope, which is relevant for licensing. These facts support a unified view of PPI indefinites as generalized quantifiers, and disfavor analyses where they are, or can be, interpreted as choice function variables. (shrink)

Hugh LaFollette has proposed that in order to prevent statistically expected harm that many parents inflict on their children prospective parents should be licensed. This article evaluates his proposal by looking at various facts, statistical data and probability estimates related to sex differences in human mating and parenting behaviour provided by evolutionary psychology. It is suggested that these evolutionary considerations create a serious stalemate between certain basic moral principles to which LaFollette subscribes, thus rendering the entire proposal morally impracticable. It (...) is also argued along similar lines that parental licensing would endanger some of the most personal and intimate human relationships that, in LaFollette’s view, are essential for developing one’s capacity for impartial morality. (shrink)

In this paper, I will argue that some prominent objections to parental licensing rely on dubious claims about the existence of a very stringent, if not indefeasible, right to parent, which would be violated by licensing. I claim that attaching such stringency to the right only makes sense if we make a number of idealising assumptions. Otherwise, it is deeply implausible. Instead, I argue that we should evaluate parental licensing policies in much the same way we would (...) harm reduction policies. By adopting this critical perspective, we can see that there are powerful, but quite different, reasons to be cautious about parental licensing relating to our ability to minimize the harmful effects of mass-parenting in a world of minimal surveillance and intervention. (shrink)

What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must also agree on limiting (...) the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all. (shrink)

In this chapter, we seek to offer a fresh perspective on whether or not doctors should be “licensed to kill”. As that phrase indicates, we metaphorically refer to the adventures of fictional spy James Bond, although we hope, in doing so, that readers will not think that we are belittling the serious topic with which the chapter is concerned. Having surveyed some of the familiar arguments for and against allowing medically-assisted dying, we advance a new proposal, which seeks to strike (...) a compromise between such arguments. Our exploratory model builds on an analogy with armed response police units as they operate in England, and specifically with situations in which such officers are found to have killed someone in the course of their duties. Rather than confer immunity prospectively (as proponents of assisted dying often seek) or deny immunity completely (as opponents insist), our policy would provide a potential retrospective excuse. (shrink)

Philosophical counselors are now debating whether they should be licensed in the way psychiatrists, psychologists, and other similar helping professions are. The side favoring licensing claim it is a step on the way to making philosophical counseling “a profession.” In this paper I explain why licensing has nothing to do with making a profession of philosophical counseling—and what does. In particular, I offer a definition of profession, explain its application to philosophical counseling, and defend it against competitors (especially (...) various sociological definitions). I also explain the importance of licensing, registration, and certification—and its disadvantages for philosophical counseling. (shrink)

Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations (...) and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate. (shrink)

In 1987, Machan provided a libertarian case against the right to occupational safety. Since before Machan’s essay appeared, many business ethicists and legal scholars have given considerable attention to the overall position Machan endorses: the acceptance of employment at will and the rejection of employee rights. No one yet has given adequate attention, however, to the fact that Machan’s argument against the right to occupational safety actually stands or falls independently of his overall position on employee rights. His (...) argument ultimately rests on two values: the promotion of employee interests and anti-paternalism. Insofar as those who support the right to occupational safety share those values, they must find a strategy for opposing Machan’s argument that preserves those values. In this paper, I demonstrate why Machan’s argument ultimately rests on the promotion of employee interests and anti-paternalism. Then, I develop an objection to Machan’s argument that preserves those values. (shrink)

This study examines how occupational sex segregation affects women’s and men’s perceptions of the availability of workplace support. Drawing on theories of gender and empirical studies of workplace tokenism, the author develops the concept of an occupational minority. Although the notion of tokenism was developed to describe processes at the level of the workplace, the author explores how being a minority at the occupational level affects workers. Using nationally representative data, she finds that in mixed-sex occupations, women (...) report higher levels of workplace support than men; in male-dominated occupations, they perceive relatively low levels of support. Men, by contrast, perceive relatively high levels of workplace support in female-dominated occupations. That is, being a member of a numerical minority in one’s occupation is an advantage for men and a disadvantage for women. (shrink)

Research on couples’ earnings arrangements has focused on men’s and women’s conformance to the male-breadwinner/female-homemaker model. By doing so, research has ignored the following: Breadwinning can be a source of stress for men; the male-breadwinner/female-homemaker model does not apply to all racial groups; and the proportion of women in an occupation may moderate the stress process associated with divergent earnings arrangements. To address factors overlooked, I applied mixed-effects models to the 1999–2017 Panel Study of Income Dynamics data to examine the (...) internalizing and externalizing responses to stress among married, non-Hispanic white and Black men and women. Greater relative earnings reduce Black women’s psychological distress and heavy drinking, but increase Black men’s heavy drinking. Among white men, greater relative earnings reduce psychological distress and demonstrate a curvilinear relationship with heavy drinking, whereas no significant pattern emerges for white women. Occupational sex composition moderates these relationships. Among Black women, greater relative earnings lower psychological distress the most for those in women-concentrated occupations, and moving from economic dependency to equal breadwinning decreases heavy drinking the most for white men in men-concentrated occupations. Findings showcase the value of an intersectional approach to capture the diverse meanings associated with earnings arrangements. (shrink)

Polarity phenomena in language are pervasive and quite diverse. A quite familiar polarity item (PI) is any. Any a PI because it exhibits limited distribution: it is ungrammatical in positive sentences, but becomes fine with negation, in questions, with modal verbs, and in the scope of downward entailing quantifiers like few.

Children’s early science interest begins well before middle school, and parents can be important in generating and sustaining such interest. This qualitative study addresses how parental occupations shape physical scientists’ early science interest. Our framework uses Social Cognitive Career Theory, and our research question is, “How do parental occupations create learning opportunities for children and motivate them to pursue physical science?” We examine interviews from 17 physical scientists in Project Crossover, a sequential mixed-methods study that broadly examines factors influencing entry (...) into physics and chemistry doctoral programs. Parental occupations can create learning opportunities through role modeling, encouragement, exposure, familiarity, and bonding. Thus, parents can be valuable in creating learning opportunities for children outside classrooms. Study limitations include a small sample and lack of information about familial structure. Our research contributes to the emergent understanding of the role of parental occupations in science interest, which further influences individual career trajectories. (shrink)

Frank Jackson has put forward a famous thought experiment of a physician who has to decide on the correct treatment for her patient. Subjective consequentialism tells the physician to do what intuitively seems to be the right action, whereas objective consequentialism fails to guide the physician’s action. I suppose that objective consequentialists want to supplement their theory so that it guides the physician’s action towards what intuitively seems to be the right treatment. Since this treatment is wrong according to objective (...) consequentialism, objective consequentialists have to license it without calling it right. I consider eight strategies to spell out the idea of licensing the intuitively right treatment and argue that objective consequentialism is on the horns of what I call the licensing dilemma : Either the physician’s action is not guided towards the intuitively right treatment. Or the guidance towards the intuitively right treatment is ad hoc in some respect or the other. (shrink)

In this essay I shall argue that the state should require all parents to be licensed. My main goal is to demonstrate that the licensing of parents is theoretically desirable, though I shall also argue that a workable and just licensing program actually could be established.

Government encouragement of free markets is a highly effective means of fostering pharmaceutical innovation; the NIH, by including “free-market provisions” in its licensing agreements that discourage anti-competitive and research-impeding behavior, can do a great deal to support this goal even without legislative overhaul.

Previous research on gender-based economic inequality has emphasized occupational segregation as the leading explanatory factor for the gender wage gap. Yet the globalization of the U.S. economy has affected gender inequality in fundamental ways and potentially diminished the influence of occupational gender segregation. We examine whether occupational gender segregation continues to be the main determinant of gender earnings inequality and to what extent globalization processes have emerged as important determinants of inequality between women’s and men’s earnings. We (...) study factors contributing to the gender earnings ratio as well as the median earnings of men and women for 271 U.S. metropolitan areas. The results indicate that occupational segregation is still the leading determinant of gender earnings inequality, that its effects are only slightly diminished by the presence of globalization, and that various aspects of the global economy independently influence the gender earnings gap. (shrink)

This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime’s ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by law. Tyson analyses the (...) limitations present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare Regulations 2018, introduced under the Animal Welfare Act 2006. Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies. (shrink)

Moral licensing theory posits that individuals who initially behave morally may later display behaviors that are immoral, unethical, or otherwise problematic. While previous literature mainly focused on individual moral licensing, the influences from the social environment have barely been investigated. To address this issue, the present paper develops a conceptual framework of social moral licensing and outlines two main avenues for future research via six propositions. The first avenue entitled “the conspicuousness of moral licensing” considers moral (...) licensing that comes into play when people are observed by others. The second avenue entitled “the relativity of moral licensing” focusses on social comparisons between individuals, their ingroups and outgroups. Specific and testable social moral licensing effects are derived in both avenues. By doing so, this paper outlines promising directions for future studies in this new research stream. (shrink)

Physician prescribing practices contributed to the US opioid epidemic, leading to increased regulation of opioid prescribing. In some instances, prescribers are unscrupulous or corrupt. They are criminally investigated and subject to prosecution. Less egregious opioid prescribing infractions are addressed through state medical licensing boards. At stake are physicians’ licenses to practice medicine.