"ACT Administrative Appeals Tribunal Decisions." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (200), pp. 42.

This is a book about the philosophy of Henri Bergson which shows how relevant Bergson is to much contemporary philosophy. The book takes as its point of departure Bergson's insistence on precision in philosophy. It then discusses a variety of topics including laughter, the nature of time as experienced, how intelligence and language should be construed as a pragmatic product of evolution, and the antinomies of reason represented by magic and religion. This is not just another exposition of Bergson's work. (...) It offers an account of why Bergson commanded such a massive reading public in his own day and why he deserves to be read now. Written in a terse and clear style, this book will prove appealing to teachers and students of philosophy, cognitive science, psychology, religious studies and literature. (shrink)

The European Union Data Protection Regulation will have profound implications for public health, health services research and statistics in Europe. The EU Commission's Proposal was a breakthrough in balancing privacy rights and rights to health and healthcare. The European Parliament, however, has proposed extensive amendments. This paper reviews the amendments proposed by the European Parliament Committee on Civil Liberties, Justice and Home Affairs and their implications for health research and statistics. The amendments eliminate most innovations brought by the Proposal. Notably, (...) derogation to the general prohibition of processing sensitive data shall be allowed for public interests such as the management of healthcare services, but not health research, monitoring, surveillance and governance. The processing of personal health data for historical, statistical or scientific purposes shall be allowed only with the consent of the data subject or if the processing serves an exceptionally high public interest, cannot be performed otherwise and is legally authorised. Research, be it academic, government, corporate or market research, falls under the same rule. The proposed amendments will make difficult or render impossible research and statistics involving the linkage and analysis of the wealth of data from clinical, administrative, insurance and survey sources, which have contributed to improving health outcomes and health systems performance and governance; and may illegitimise efforts that have been made in some European countries to enable privacy-respectful data use for research and statistical purposes. If the amendments stand as written, the right to privacy is likely to override the right to health and healthcare in Europe. (shrink)

This case note considers the Court of Appeal decision in Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705. It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. The House of Lords decision in Barclays Bank v O'Brien [1994] A.C. 180 has given rise to a range of (...) litigation in this area, and the spotlight has now moved from the banks to an examination of the quality of advice given by solicitors. The banks have heeded the warnings in O'Brien and now insist that wives are told to obtain independent legal advice. It will be seen that, following Etridge, if the bank tells the solicitor to give the wife legal advice upon undertaking the transaction, that will be sufficient to protect the bank, notwithstanding that the advice was either inadequate or even not actually given. The onus to ensure that proper advice is given is shifted squarely on to the solicitor. The note concludes that the decision is indicative of the shift of judicial opinion against wives seeking to avoid charges over matrimonial homes and in favour of banks. (shrink)

Ex parte communications can become an administrative quagmire for anyone trying to deal with tribunals that regulate business matters. These communications involve contact between a decision maker and one party outside the presence of another, interested party. At a time when codes of ethics are enacted to make corporate financial officers and boards of directors more accountable to their stockholders, and thus, to restore the confidence of the investing public, it appears most important that administrative judges and hearing (...) officers adhere strictly to their own Codes of Conduct. This article defines and explains ex parte contacts and consequent problems that might arise during administrative appeals. It is not the author’s intent to present the law of any specific jurisdiction, but to present a general overview of typical state law in the United States, a market of interest to many entrepreneurs and exporters worldwide. (shrink)

A One Health approach holds great promise for attenuating the risk and burdens of emerging infectious diseases (EIDs) in both human and animal populations. Because the course and costs of EID outbreaks are difficult to predict, One Health policies must deal with scientific uncertainty, whilst addressing the political, economic and ethical dimensions of communication and intervention strategies. Drawing on the outcomes of parallel Delphi surveys conducted with policymakers in Singapore and Australia, we explore the normative dimensions of two different precautionary (...) approaches to EID decision-making—which we call regimes of risk management and organizing uncertainty, respectively. The imperative to act cautiously can be seen as either an epistemic rule or as a decision rule, which has implications for how EID uncertainty is managed. The normative features of each regime, and their implications for One Health approaches to infectious disease risks and outbreaks, are described. As One Health attempts to move upstream to prevent rather than react to emergence of EIDs in humans, we show how the approaches to uncertainty, taken by experts and decision-makers, and their choices about the content and quality of evidence, have implications for who pays the price of precaution, and, thereby, social and global justice. (shrink)

Through discourse with international groups of physicians, we conducted a cross-cultural analysis of the types of ethical dilemmas physicians face. Qualitative analysis was used to categorise the dilemmas into seven themes, which we compared among the physicians by country of practice. These themes were a-theoretically-driven and grounded heavily within the text. We then subjected the dilemmas to an analysis of moral intensity, which represents an important theoretical perspective of ethical decision making. These constructs represent salient determinants of ethical behaviour and (...) our cross-cultural sample afforded us the opportunity to consider both the pragmatic aspects of culture, as they are perceived by physicians, as well as the theory-driven concept of moral intensity. By examining both culture and moral intensity, we hope to better elucidate the complexities of ethical decision-making determinants among physicians in their daily practice. Doing so may potentially have practical implications for ethics training of medical students and foreign physicians. (shrink)

Abstract:This study tests the usefulness of a person-situation interactionist framework in examining the willingness of a salesperson to lie to get an order. Using a survey of 389 salespersons, our results demonstrate that organizational relationships influence willingness to lie. Specifically, salespersons are less willing to lie to their own company than to their customer, than to a channel partner, and finally, than to a competitor firm. Furthermore, respondents from firms with a clear and positive ethical climate are less willing to (...) lie. Finally, our study finds that interactions between personality factors, such as high Machiavellianism and high self-monitoring, and situational factors have an impact on willingness to lie. Our results suggest that firms can take steps to influence employee ethical behavior. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Secular Government, Religious People by Ira C. Lupu and Robert W. TuttleJoshua T. MauldinSecular Government, Religious People Ira C. Lupu and Robert W. Tuttle grand rapids, mi: eerdmans, 2014. 279 pp. $25.00.In Secular Government, Religious People, Ira C. Lupu and Robert W. Tuttle provide a structuralist account of the Establishment Clause and suggest that their conception of the secular character of government resonates with the dominant strand of (...) First Amendment jurisprudence. On their view, the religion clauses are not only about the religious rights of persons; the Establishment Clause is primarily about the character of government itself. That character is secular, meaning that the government is “constitutionally disabled” from settling “ecclesiastical questions.” These include not only obviously theological questions about the nature of God or true religion but also seemingly more mundane matters such as “Who is fit to be a minister?” or “Which faction of a fractured religious congregation is closer to the beliefs of the congregation’s charter members?”The problem with judicial attempts to engage such questions became increasingly evident in the development of legal doctrine throughout the nineteenth and twentieth centuries, and one of the primary values of this book is its clear account of this history. One example is the “iconic” Supreme Court decision in the 1971 case of Lemon v. Kurtzman, which included an important rule against “excessive entanglement” between the state and religious groups, based on the Establishment Clause. For Lupu and Tuttle, this ruling is paradigmatic of their structuralist argument for nonestablishment. If the Establishment Clause requires that government be secular, then the government may not claim divine authority or establish a covenant with God or engage in acts of worship. The government may, nevertheless, acknowledge the religious character of its people; the religious freedom of the people is protected by the secular character of government in that a sphere of society is reserved for religious practice and thereby protected from governmental intrusion. While religious persons might actually prefer that government “interfere” in the religious sphere for various reasons, and might even view the government’s failure to do so as an assault on religious freedom, it is precisely the noninterference of government in religious matters that protects religious freedom.The book involves both a descriptive analysis of the development of American law and a normative argument for a particular legal philosophy. Tuttle and Lupu argue that it is best when government is secular, and they suggest that this is a basic assumption of mainstream American law, both in its origins and later [End Page 213] trajectory. Some will question the sharp distinction drawn between “government” and “people.” In a democratic society, is there a clear line between the people and the government as representative of the people’s will? Furthermore, one wonders whether the kind of American “civil religion” that Robert Bellah famously analyzed in the 1960s, and against which Tuttle and Lupu inveigh, is simply here to stay. American presidents continue to invoke God in public speeches, and many citizens believe that the United States itself is in a covenant with God. Tuttle and Lupu worry that any appeal to such a covenant leads to the “totalitarian” identification of political and divine authority. But the covenant with God could just as easily lead to a critique of political authority as to a reinforcement of it. As Abraham Lincoln declared in a legendary piece of American political theology, “The Almighty has his own purposes.” For Tuttle and Lupu, this kind of civil religion is both unconstitutional and bad public policy. But one wonders whether we could ever really eradicate it, and even if we could, whether it would be wise to do so.Joshua T. MauldinCenter of Theological InquiryCopyright © 2016 Society of Christian Ethics... (shrink)

The utility of an “ecologically rational” recognition‐based decision rule in multichoice decision problems is analyzed, varying the type of judgment required (greater or lesser). The maximum size and range of a counterintuitive advantage associated with recognition‐based judgment (the “less‐is‐more effect”) is identified for a range of cue validity values. Greater ranges of the less‐is‐more effect occur when participants are asked which is the greatest of m choices (m > 2) than which is the least. Less‐is‐more effects also have greater range (...) for larger values of m. This implies that the classic two‐alternative forced choice task, as studied by, may not be the most appropriate test case for less‐is‐more effects. (shrink)

Retrospective rule-making has few supporters and many opponents. Defenders of retrospective laws generally do so on the basis that they are a necessary evil in specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ’corrective’ legislation to ’interpretive regulations’ to judicial decision making. The search for a rational justification for retrospective rule-making necessitates a reconsideration (...) of the very nature of the rule of law and the kind of law that can rule, and will provide new insights into the nature of law and the parameters of societal order. This book examines the various ways in which laws may be seen as retrospective and analyses the problems in defining retrospectivity. In his analysis Dr Charles Sampford asserts that the definitive argument against retrospective rule-making is the expectation of individuals that, if their actions today are considered by a future court, the applicable law was discoverable at the time the action was performed. The book goes on to suggest that although the strength of this ’rule of law’ argument should prevail in general, exceptions are sometimes necessary, and that there may even be occasions when analysis of the rule of law may provide the foundation for the application of retrospective laws. (shrink)

The Defining Issues Test 2 (DIT-2) and Engineering Ethical Reasoning Instrument (EERI) are designed to measure ethical reasoning of general (DIT-2) and engineering-student (EERI) populations. These tools—and the DIT-2 especially—have gained wide usage for assessing the ethical reasoning of undergraduate students. This paper reports on a research study in which the ethical reasoning of first-year undergraduate engineering students at multiple universities was assessed with both of these tools. In addition to these two instruments, students were also asked to create personal (...) concept maps of the phrase “ethical decision-making.” It was hypothesized that students whose instrument scores reflected more postconventional levels of moral development and more sophisticated ethical reasoning skills would likewise have richer, more detailed concept maps of ethical decision-making, reflecting their deeper levels of understanding of this topic and the complex of related concepts. In fact, there was no significant correlation between the instrument scores and concept map scoring, suggesting that the way first-year students _conceptualize_ ethical decision making does not predict the way they behave when _performing_ scenario-based ethical reasoning (perhaps more situated). This disparity indicates a need to more precisely quantify engineering ethical reasoning and decision making, if we wish to inform assessment outcomes using the results of such quantitative analyses. (shrink)

The aim of the present investigation was to describe and to classify significant ethical problems encountered by the members of the staff during the daily clinical work at a hospital medical department. A set of definitions was prepared for the purpose, including the definition of a 'significant ethical problem'. During a three month period 426 inpatients and 173 outpatients were admitted. Significant ethical problems were encountered during the management of 106 in-patients (25 per cent) and 9 out-patients (5 per cent). (...) No significant difference was found between the frequency of ethical problems in female and male patients, but a positive correlation was noted between the number of problems and the patients' age. The problem types were classified according to a problem list. The results of this investigation suggest that greater attention must be paid to discussions about ethical problems among doctors and other categories of health personnel and that, among others, medical students ought to be taught the analysis of ethical problems. (shrink)

The two target articles in this issue draw an important connection between disability bioethics and geriatric bioethics. Dominic JC Wilkinson makes a pragmatic case for using frailty as a fa...

ABSTRACT Social media is becoming increasingly embedded in people’s daily lives. These virtual spaces are now regularly used as a tool for information dissemination. Drawing on the moral intensity literature combined with uses and gratifications theory, this research explores how using social media to consume information can affect the ethical decision-making process. This study compares the influence of two online media dissemination formats – an online news article and social media discussion thread – on individuals’ ethical perceptions and decisions. (...) Results indicate that social media usage has an effect on perceptions of social consensus, problem recognition, and ethical sensemaking. Overall, Social media is shown to inhibit ethical decision-making when used as an information dissemination tool. (shrink)

Little, if anything, in Justin scholarship has been as controversial as the dating of the so-called Epitome of the Philippic History of Pompeius Trogus. Suggested dates have varied from the time of Antoninus Pius through the third century to the end of the fourth. The latter was proposed in 1988 by Sir Ronald Syme, but has in fact received little support in subsequent literature on Justin, which has tended to accept the earlier dating . An exception is T. D. Barnes, (...) who has voiced support for a later dating based on a linguistic parallel to Justin in the Historia Augusta. Barnes observes that Oscar Hey, author of the article ducatus in TLL , drew attention to the similarity between Justin 30.2.5 Agathocles regis lateri iunctus civitatem regebat, tribunatus et praefecturas et ducatus mulieres ordinabant and HA Heliog. 6.2 militaribus… praeposituris et legationibus et ducatibus venditis. Hey, he notes, refers at the head of that particular section of the article to Seeck's article on dux. Seeck had demonstrated—and this is now taken for granted by scholars—that from the time of Diocletian dux is used technically as a formal title, and, in drawing attention to the parallel between HA Heliog. 6.2 and Justin, Hey must have been intimating that Justin is, like the author of Heliog. 6.2, using ducatus as a formal title. He then seems to suggest that Hey was right and Justin is to be dated to at least some time after 260. (shrink)

This paper explores the relationship between teaching and consulting in clinical ethics teaching and the role of the ethics teacher in clinical decision-making. Three roles of the clinical ethics teacher are discussed and illustrated with examples from the authors' experience. Two models of the ethics consultant are contrasted, with an argument presented for the ethics consultant as decision facilitator. A concluding section points to some of the challenges of clinical ethics teaching.

Deep brain stimulation — a novel surgical procedure — is emerging as a treatment of last resort for people diagnosed with neuropsychiatric disorders such as severe obsessive-compulsive disorder. The US Food and Drug Administration granted a so-called humanitarian device exemption to allow patients to access this intervention, thereby removing the requirement for a clinical trial of the appropriate size and statistical power. Bypassing the rigors of such trials puts patients at risk, limits opportunities for scientific discovery, and gives device manufacturers (...) unique marketing opportunities. We argue that Congress and federal regulators should revisit the humanitarian device exemption to ensure that it is not used to sidestep careful research that can offer valuable data with appropriate patient safeguards. (shrink)

The ‘right to the truth’ involves disclosing all the pertinent facts to a patient so that an informed decision can be made. However, this concept of a ‘right to the truth’ entails certain ambiguities, especially since it is difficult to apply the concept in medical practice based mainly on current evidence-based data that are probabilistic in nature. Furthermore, in some situations, the doctor is confronted with a moral dilemma, caught between the necessity to inform the patient (principle of autonomy) and (...) the desire to ensure the patient's well-being by minimising suffering (principle of beneficence). To comply with the principle of beneficence as well as the principle of non-maleficence ‘to do no harm’, the doctor may then feel obliged to turn to ‘therapeutic privilege’, using lies or deception to preserve the patient's hope, and psychological and moral integrity, as well as his self-image and dignity. There is no easy answer to such a moral dilemma. This article will propose a process that can fit into reflective practice, allowing the doctor to decide if the use of therapeutic privilege is justified when he is faced with these kinds of conflicting circumstances. We will present the conflict arising in practice in the context of the various theoretical orientations in ethics, and then we will suggest an approach for a ‘practice of truth’. Last, we will situate this reflective method in the broader clinical context of medical practice viewed as a dialogic process. (shrink)

Each Local Research Ethics Committee (LREC) is expected to produce an annual report for its establishing authority. Reports from 145 LRECs were examined with regard to (a) whether the committees were working within the terms of the most recent guidelines from the Department of Health and (b) observations on the role of LRECs with particular reference to accountability. Most LRECs had produced a report, although their length varied greatly. Most reports showed how seriously the committee took its task. Most committees (...) met many of the guidelines; for example, almost all had two or more lay-members. The guideline most frequently not met was that committees should have no more than 12 members. Many committees review very large numbers of projects (maximum 351). Approximately two-thirds provide details in the annual report of individual project titles, their author and the committee decision; all reports should contain this information. Although it may in fact happen more generally, only 23 per cent of the reports referred to any form of monitoring of the eventual outcome of the research. A significant issue to arise from the reports is the extent to which the framework for the operation of LRECs has been confused by the development of the purchaser-provider split. The paper concludes with suggestions for remedying the situation. (shrink)

The purpose of this research is to investigate the effectiveness of Digital Content Marketing on a Mixed Reality training platform environment with the consideration of online purchase intention through social media. E-commerce today encounters several common issues that cause customers to have reservations to purchase online. With the absence of physical contact points, customers often perceive more risks when making purchase decisions. Furthermore, online retailers often find it hard to engage customers and develop long-term relationships. In this research, a (...) Structural Equation Model is proposed to examine the efficacy of DCM from both immediate and long-term OPI. The results examine whether adopting DCM on an MR training platform environment through social media brings positive results in OPI. Empirical research was carried out through online questionnaires collected in 2021 and 2022. A total of 374 questionnaires were qualified for data analysis in this study, conducted with IBM SPSS and AMOS. The results imply that DCM is critical to stimulating both immediate and long-term OPI. The immediate OPI is positively affected by increasing perceived value through MR in DCM. Regarding the long-term OPI, increased customer engagement with DCM under MR environment can cultivate brand trust and significantly affect the long-term OPI. (shrink)

Background Following passage of the Patient Self Determination Act in 1990, health care institutions that receive Medicare and Medicaid funding are required to inform patients of their right to make their health care preferences known through execution of a living will and/or to appoint a surrogate-decision maker. We evaluated the impact of external factors and perceived patient preferences on physicians’ decisions to honor or forgo previously established advance directives (ADs). In addition, physician views regarding legal risk, patients’ ability to (...) comprehend complexities involved with their care, and impact of medical costs related to end-of-life care decisions were explored. Methods Attendees of two Mayo Clinic continuing medical education courses were surveyed. Three scenarios based in part on previously court-litigated matters assessed impact of external factors and perceived patient preferences on physician compliance with patient-articulated wishes regarding resuscitation. General questions measured respondents’ perception of legal risk, concerns over patient knowledge of idiosyncrasies involved with their care, and impact medical costs may have on compliance with patient preferences. Responses indicating strength of agreement or disagreement with statements were treated as ordinal data and analyzed using the Cochran Armitage trend test. Results Three hundred eighty-eight of 951 surveys were completed (41% response rate). Eighty percent reported they were likely to honor a patient’s AD despite its 5 year age. Fewer than half (41%) would honor the AD of a patient in ventricular fibrillation who had expressed a desire to “pass away in peace.” Few (17%) would forgo an AD following a family’s request for continued resuscitative treatment. A majority (52%) considered risk of liability to be lower when maintaining someone alive against their wishes than mistakenly failing to provide resuscitative efforts. A large percentage (74%) disagreed that patients could not appreciate complexities surrounding their care while 69% agreed that costs should never impact a physician’s decision as to whether to comply with a patient’s AD. Conclusions Our findings highlight the impact, albeit small, external factors have on physician AD compliance. Most respondents based their decision on the clinical situation at hand and interpretation of the patient’s initial wishes and preferences expressed by the AD. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:John Dewey: The ChicagoYears GEORGE DYKHUIZEN DEWEYCAMETO CHICAGOin the summer of 1894 as head professor of philosophy at the University of Chicago and left in January, 1905, to become professor of philosophy at Columbia University. During his Chicago years, Dewey's interests led him not only into the field of philosophy but also into that of education, and in each of these areas he acquired a retmtation which placed him (...) among the top thinkers in the country. His work in philosophy resulted in his being acclaimed, along with Charles S. Peirce and William James, as one of the three great founders of American pragmatism, and his achievements in education led to his being regarded as one of the country's most outstanding educational thinkers and a prime mover in educational reform. The University of Chicago was only four years old when Dewey arrived there, but already it had attained a high standing among the universities of the country. The main reason for this was that the University had set out to be not simply another college but a university, like the universities in Europe and like Johns Hopkins and Clark universities in this country. This meant that the graduate schools of the University were to be stressed and that a large part of the faculty was to devote itself exclusively to graduate instruction and research. The type of faculty member the University looked for "must be a teacher, but first and foremost he must be a scholar, in love with learning, with a passion for research, an investigator who could produce, and if what he produced was worthy, would wish to publish." ~ In the four years since its founding, the University had assembled one of the most outstanding faculties in the country, a faculty which included: T. C. Chamberlin in astronomy, Rolin D. Salisburg in geology, Albert Michelson in physics, Jacques Loeb in biology, J. M. Coulter in botany, Thorsten Veblen in political economy, Albion Small in sociology, Paul Shorey in Greek, J. H. Breasted in Egyptology, and R. G. Moulton in English. When Dewey came to the University, therefore, as head of the Department of Philosophy, this meant that he was to teach mostly graduate students, do research, and have associations with some of the most brilliant scholars in the country. These features of the new position had appealed strongly to Dewey when he was considering the offer to 1T. W. Goodspeed, A History of the University of Chicago. The First Quarter (Chicago: 1916), 201. [227] 228 HISTORY OF PHILOSOPHY become professor of philosophy at Chicago and were among the decisive factors in bringing him to the University. William Rainey Harper, president of the University, was in large measure responsible for its early successes. "Those massive buildings, millions of money, thousands of scholars and scores of teachers," wrote one of his admirers, "are a monument to the foresight, nerve, and ceaseless activity of W. R. Harper, a veritable Napoleon in the educational field." 2 Born July 26, 1856, Harper was three years older than Dewey and every bit as precocious. He received his A.B. degree from Muskingum College when he was fourteen; he entered Yale as a graduate student when he was seventeen and got his Ph.D. degree from there at the age of nineteen. Upon receiving his doctorate, he began a career teaching Hebrew first at the Baptist Union Theological Seminary in Chicago and then, in 1886, at Yale. Harper wrote extensively on theological matters and his views prompted an attack on his orthodoxy in 1888. He weathered the storm, however, and throughout his life was a staunch defender of liberal theological thought. Harper had tremendous vitality and enthusiasm, and these qualities, along with his scholarship, led to his appointment as first president of the University when it was founded in 1890. Harper and Dewey were to have close associations on the administrative level, and though many of these were to be pleasant and cordial, others turned out to be not so harmonious and led eventually to Dewey's resignation from the University. Though Harper was particularly concerned that a strong department of philosophy be established at the University, up to the time of Dewey's... (shrink)

Since 1983, legislators and advocates have introduced Land Access Policy Incentives in twenty of the fifty United States. These bills share a demographic goal: to fund land rental or purchase for young and beginning farmers and ranchers. States’ efforts to facilitate land access are part of a global movement to support farmers’ entry into agriculture and to resist farmers’ increasing exclusion from land. We examine the policy creation processes of nine states to describe how coalitions and government leaders are translating (...) their values around land access barriers into policy tools whose political appeal is broad. The bills often pass unanimously, and enrollments are strong: about 2,000 young and beginning US farmers and ranchers will purchase or rent farms this year through a few states’ land access policy programs. We trace the themes from interviews with 66 of the bills’ authors and advocates, and their documentation and media coverage, to demonstrate the values that bipartisan coalitions enlist to construct successful bills and the compromises that make them politically feasible. The coalitions’ values turn on the threats of rising land costs, farm expansion or consolidation, and land conversion out of agriculture. As a group, the policies serve broadacre farming operations while leaving specialty crop farms largely unserved. Two states have endeavored to include all farmers of color among their policies’ beneficiaries. Our findings demonstrate tradeoffs of states’ current Land Access Policy Incentives and suggest next steps for research and advocacy to inform policy development to support next generation farming opportunities. (shrink)

Research on escalation of commitment has predominantly been studied in the context of a single decision without consideration for the psychological consequences of escalating. This study sought to examine a) the extent to which people escalate their commitment to a failing course of action in a sequential decision-making task, b) confidence and anger as psychological consequences of escalation of commitment, and c) the reciprocal relationship between escalation of commitment and confidence and anger. Participants were 110 undergraduate students who completed a (...) series of investment decisions regarding a failing endeavor. Results revealed that although a high proportion of individuals escalate through all decisions, the extent to which they escalated decreased with each decision as they were less willing to invest money in the project. Furthermore, as participants escalated, confidence in one’s decision decreased and anger increased. Lastly, the analyses revealed that the relationship between escalation and confidence is reciprocal. Escalation was negatively associated with confidence, and confidence predicted escalation in the subsequent decision. These results highlight the importance of considering both the determinants and psychological consequences of escalation of commitment. (shrink)

Recent evaluation of the practice of euthanasia and related medical decisions at the end of life in the Netherlands has shown a slight decrease in the frequency of physician-assisted death since the enactment of the Euthanasia Law in 2002. This paper focuses on the absence of euthanasia cases concerning patients with dementia and a written advance euthanasia directive, despite the fact that the only real innovation of the Euthanasia Law consisted precisely in allowing physicians to act upon such directives. (...) The author discusses two principal reasons for this absence. One relates to the uncertainty about whether patients with advanced dementia truly experience the suffering they formerly feared. There is reason to assume that they don’t, as a consequence of psychological adaptation and progressive unawareness (anosognosia). The second, more fundamental reason touches upon the ethical relevance of shared understanding and reciprocity. The author argues that, next to autonomy and mercifulness, “reciprocity” is a condition sine qua non for euthanasia. The absence thereof in advanced dementia renders euthanasia morally inconceivable, even if there are signs of suffering and notwithstanding the presence of an advance euthanasia directive. This does not mean, however, that advance euthanasia directives of patients with dementia are worthless. They might very well have a role in the earlier stages of certain subtypes of the disease. To illustrate this point the author presents a case in which the advance directive helped to create a window of opportunity for reciprocity and shared decision-making. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and (...) extensive interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

The prevalence of ethics training in organizations rose from 50% in 2003 to 76% in 2011 (Ethics Resource Center 2012). This paper reviews the current state of ethics training in organizations and proposes a new conceptual model for designing effective ethics training programs based on Rest’s (1986) model of ethical decision-making. We argue that it is not the content of ethics training that fails to produce ethical behavior; it is the method by which ethics training is delivered. Most organizations utilize (...) training methods designed to disseminate information or facilitate ethical dilemma recognition. Few organizations utilize methods that allow for trainees to actually practice making an ethical decision. We argue that a comprehensive approach to ethics training should be used, so trainees may practice all aspects of making an ethical decision. This practice should then enhance transfer of ethics training to the job. We conclude with suggestions for how research could be conducted to empirically support these arguments and inform ethics training method choices. (shrink)

EDITORS’ INTRODUCTION This volume is a collection of papers presented at the international workshop on “Buddhist Approach to Global Education in Ethics” which is being held on May 13, 2019, at International Conference Center Tam Chuc, Ha Nam, Vietnam on the occasion of the 16th United Nations Day of Vesak Celebrations 2019. The aim is to throw new light on the values of the global ethical system with a focus on the Buddhist approach in deepening our understanding of how Buddhist (...) ethics can deliver a social change in the globalized world. REVIEW OF CONTENTS Prof. P. D. Premasiri in his paper titled “Universally valid ethical norms of Buddhism applicable to global education in ethics” deals with hindrance in determining the basis for global education in ethics and providing undeniable facts about the diversity involved in ethical norms, principles and attitudes of various global communities. The author also discusses the characteristics of Buddhist teaching on a humanistic approach to the moral life with perceptions of enlightened humans, i.e. ‘Knowledgeable Persons’ (vi¤¤å purisà). The paper places further emphasis on the necessity to draw the attention of educators to train the minds of humans on ethical choices in accordance with such decisions. The paper entitled “Teaching Buddhist Ethics through the Life of the Buddha and Jesus” by Abraham Velez De Cea has proposed a new approach to the Buddhist ethical way of teaching and its application through interpretations of the Buddha’s life from the perspective of virtue ethics and meditation. The purpose is to heighten the Buddhist contribution being made to global education in ethical issues. The paper is divided into two parts, Buddhist ethics as a form of virtue ethics and secondly, interpretation of the Buddha’s teachings from the perspective of virtue ethics and meditation. (shrink)

Emotion Review, Volume 14, Issue 2, Page 114-116, April 2022. The question “what is emotion?” has long been at the core of theoretical debates. The IAC-E is a useful framework for understanding relationships among responses in emotional situations. However, this approach cannot address the nature of emotion. Researchers determine what counts as emotion in the IAC-E, and this decision impacts the relationships detected and inferences made. The assumptions of researchers about emotion change the output. Further, the model is not theoretically (...) agnostic and is best suited to examine emotion perception/knowledge, as in the simulations presented. According to some theories, experienced emotion is qualitatively different than situations that involve perceiving others' emotion or semantic knowledge. Addressing the nature of emotion requires empirical examination of the assumptions made in each theory. (shrink)

Since 1983, legislators and advocates have introduced Land Access Policy Incentives in twenty of the fifty United States. These bills share a demographic goal: to fund land rental or purchase for young and beginning farmers and ranchers. States’ efforts to facilitate land access are part of a global movement to support farmers’ entry into agriculture and to resist farmers’ increasing exclusion from land. We examine the policy creation processes of nine states to describe how coalitions and government leaders are translating (...) their values around land access barriers into policy tools whose political appeal is broad. The bills often pass unanimously, and enrollments are strong: about 2,000 young and beginning US farmers and ranchers will purchase or rent farms this year through a few states’ land access policy programs. We trace the themes from interviews with 66 of the bills’ authors and advocates, and their documentation and media coverage, to demonstrate the values that bipartisan coalitions enlist to construct successful bills and the compromises that make them politically feasible. The coalitions’ values turn on the threats of rising land costs, farm expansion or consolidation, and land conversion out of agriculture. As a group, the policies serve broadacre farming operations while leaving specialty crop farms largely unserved. Two states have endeavored to include all farmers of color among their policies’ beneficiaries. Our findings demonstrate tradeoffs of states’ current Land Access Policy Incentives and suggest next steps for research and advocacy to inform policy development to support next generation farming opportunities. (shrink)

The classic formulation of causal decision theory (CDT) appeals to counterfactuals. It says that you should aim to choose an option that would have a good outcome, were you to choose it. However, this version of CDT faces trouble if the laws of nature are deterministic. After all, the standard theory of counterfactuals says that, if the laws are deterministic, then if anything—including the choice you make—were different in the present, either the laws would be violated or the distant (...) past would be changed. And as several authors have shown, it's easy to transform this upshot of the standard theory of counterfactuals into full-blown counterexamples to CDT. In response to these counterexamples, I argue here that the problem lies, not so much with CDT's guiding idea—that it's the expected causal consequences of your actions that matter for rational decision-making—but with the fact that the classic formulation of CDT doesn't pay sufficient attention to the context-sensitivity of counterfactuals. I develop a contextualist version of CDT which better accounts for this context-sensitivity. And I show that my theory avoids the problems faced by the classic formulation of CDT in determinstic worlds. (shrink)

Decision-making Capacity matters to whether a patient’s decision should determine her treatment. But why it matters in this way isn’t clear. The standard story is that dmc matters because autonomy matters. And this is thought to justify dmc as a gatekeeper for autonomy – whereby autonomy concerns arise if but only if a patient has dmc. But appeals to autonomy invoke two distinct concerns: concern for authenticity – concern that a choice is consistent with an individual’s commitments; and concern (...) for sovereignty – concern that an individual exercises control over that which is hers to control. Here, I argue, neither concern can alone explain why dmc matters. Instead, dmc matters because it indicates a harmony between the two concerns – the demands of each concern are more likely to agree if a patient has dmc. This vindicates the standard story, but also makes clear that dmc is an inappropriate gatekeeper for autonomy. (shrink)

The radical evolutionary step that divides human decision-making from that of nonhumans is the ability to excite the reward process for its own sake, in imagination. Combined with hyperbolic over-valuation of the present, this ability is a potential threat to both the individual's long term survival and the natural selection of high intelligence. Human belief is intrinsically or under-founded, which may or may not be adaptive.

Emotion Review, Ahead of Print. The question “what is emotion?” has long been at the core of theoretical debates. The IAC-E is a useful framework for understanding relationships among responses in emotional situations. However, this approach cannot address the nature of emotion. Researchers determine what counts as emotion in the IAC-E, and this decision impacts the relationships detected and inferences made. The assumptions of researchers about emotion change the output. Further, the model is not theoretically agnostic and is best suited (...) to examine emotion perception/knowledge, as in the simulations presented. According to some theories, experienced emotion is qualitatively different than situations that involve perceiving others' emotion or semantic knowledge. Addressing the nature of emotion requires empirical examination of the assumptions made in each theory. (shrink)

Excerpt from The Appeal to Immediate Experience: Philosophic Method in Bradley Whitehead and Dewey The insight and guidance of Professor John Herman Randall, Jr. have made this book possible. Rather than merely acknowledge my debt to him I would like to express my gratitude here for his unfailing kindness, his penetrating criticism of my efforts, and the help he has given me in clarifying the complex problems of this subject-matter. I wish also to acknowledge the kindness of the following publishers (...) in permitting me to quote from their publications: F. H. Bradley, Appearance and Reality, by Allen and Unwin Ltd.; J. H. Randall, Jr. and J. Buchler, Philosophy: An Introduction, by Barnes Noble, Inc.; F. H. Bradley, Appearance and Reality and Essays on Truth and Reality, by Clarendon Press, Oxford; F. J. E. Woodbridge, Nature and Mind, by Columbia University Press; R. W. Church, Bradley's Dialectic, by Cornell University Press; John Dewey, The Man and His Philosophy, by Harvard University Press; J. Dewey, Logic and Influence of Darwin on Philosophy, by Henry Holt Company; R. Kagey, F. H. Bradley's Logic, by R. Kagey; J. Dewey, Nature in Experience and Whitehead's Philosophy, by Longmans, Green & Co.; A. N. Whitehead, Symbolism, Modes of Thought, Adventures of Ideas, Process and Reality, T. M. Forsyth, English Philosophy, and J. H. Muirhead, Bradley's Place in Philosophy, by the Macmillan Company; A. N. Whitehead, The Concept of Nature-and An Equiry Concerning the Principles of Natural Knowledge, by the Macmillan Company and the Cambridge University Press; H. B. Haldane, Human Experience, by John Murray Ltd.; J. Goheen, Whitehead's Theory of Value, by Northwestern University Press; J. Dewey, Experience and Nature, by Open Court Publishing Co.; G. Santayana, Realm of Essence and Scepticism and Animal Faith, by Charles Scribner's Sons; and J. Dewey, "How is Mind to be Known?" The Objectivism-Subjectivism of Modern Philosophy," M. Gross, The Philosophy of A. N. Whitehead," and M. C. Otto, The Journal of Philosophy. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

In recent years, scholars have urged those working in Christian higher education to attend more purposefully to student spiritual and character formation. Anchored by the belief that college is a formative time for the development of values, commitments, identity, and life purpose, these calls have taken many different forms. One consistent theme, however, has been the need to expand character formation beyond ethical training and moral decision-making. While such tools are necessary, these scholars note, there is also a pressing need (...) for the development of righteous virtues, affections, commitments, and patterns of living rooted in a right understanding of God and self. How can professors encourage spiritual attentiveness and transformation within the academic setting of a college classroom? What assignments foster spiritual focus and growth into Christlikeness? What helpful practices from the historic Christian tradition can be included in syllabi and course experiences? As professors committed to educationally-based spiritual formation, we are concerned with how to best encourage student spiritual growth. This article is the culmination of conversations, as well as trial and error in our classrooms, in an attempt to answer these questions. (shrink)

A large amount of research in cognitive psychology is focused on memory distortions, understood as deviations from various (largely implicit) standards. Many alleged distortions actually suggest a highly functional system that balances the cost of acquiring new information with the benefit of relevant, contextually appropriate decision-making. In this sense many memories may be examples of functionally adaptive misbelief.

There are few industries in which decisions are so intently scrutinized by millions of Canadians as the healthcare industry. Each and every day important decisions concerning the funding and delivery of healthcare are made away from the clinic and in the offices of administrators and policy makers. This book is designed to assist the current and future healthcare administrator to render effective and ethical decisions. Health administration ethics functions as a bridge between business ethics and clinical ethics. (...) This book forges the essential link between the foundational concepts of ethics theories, principles, and codes and the science of decision making. It takes a case study approach and introduces a new, user-friendly decision-making model. There is currently no Canadian textbook designed to guide administration decisions within the Canadian healthcare system, making this textbook unique in the market. (shrink)

Aim: To examine how physicians’ life stances affect their attitudes to end-of-life decisions and their actual end-of-life decision-making.Methods: Practising physicians from various specialties involved in the care of dying patients in Belgium, Denmark, The Netherlands, Sweden, Switzerland and Australia received structured questionnaires on end-of-life care, which included questions about their life stance. Response rates ranged from 53% in Australia to 68% in Denmark. General attitudes, intended behaviour with respect to two hypothetical patients, and actual behaviour were compared between all (...) large life-stance groups in each country.Results: Only small differences in life stance were found in all countries in general attitudes and intended and actual behaviour with regard to various end-of-life decisions. However, with regard to the administration of drugs explicitly intended to hasten the patient’s death , physicians with specific religious affiliations had significantly less accepting attitudes, and less willingness to perform it, than non-religious physicians. They had also actually performed PAD less often. However, in most countries, both Catholics and Protestants reported ever having made such a decision.Discussion: The results suggest that religious teachings influence to some extent end-of-life decision-making, but are certainly not blankly accepted by physicians, especially when dealing with real patients and circumstances. Physicians seem to embrace religious belief in a non-imperative way, allowing adaptation to particular situations. (shrink)

The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. (...) This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered. (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses (...) on Italian case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)