The dominant social scientific approach to studying judicial behavior treats judges as strategic actors pursuing their political preferences under institutional constraint. The intellectual roots of this rational choice approach are in American law’s long but sporadic engagement with pragmatist ideas. This article challenges that approach: a fully pragmatist account of judicial action provides a better description of the intellectual and social work of judging, and better explains how judges reach a decision in difficult cases that most affect the development of (...) law and its relationship to society. The article argues that the foundational intellectual problem for appellate judges is how to define the legal questions presented in a case. Definitions of legal questions arise from the interplay of habitual and creative action in the local social context of an appeals court. Professional and local interpretive habits and legal forms ordinarily do a great deal to define the key questions, which are not strictly determined when a case comes before a court. Unscripted small group interactions at oral arguments also figure in question definition; oral arguments are most important in the rare but legally important cases where habitual practices alone are insufficient to delimit the legal question judges must answer. Supported by extensive interviews with federal appeals judges and clerks, the article illustrates judges’ creative, interactional efforts to define an answerable question in a major asylum case decided in the Seventh Circuit Court of Appeals. Building from this case, the article describes the factors that shape judicial question definition, and describes the conditions when creative judicial action is likely to be most prominent. (shrink)

An outstanding question for Hybrid dual process models of reasoning is whether both basic and more complex forms of conditional inference result...

This is the first book to offer the best essays, articles, and speeches on ethics and intelligence that demonstrate the complex moral dilemmas in intelligence collection, analysis, and operations. Some are recently declassified and never before published, and all are written by authors whose backgrounds are as varied as their insights, including Robert M. Gates, former Director of the Central Intelligence Agency; John P. Langan, the Joseph Cardinal Bernardin Professor of Catholic Social Thought at the Kennedy Institute of Ethics, (...) Georgetown University; and Loch K. Johnson, Regents Professor of Political Science at the University of Georgia and recipient of the Owens Award for contributions to the understanding of U.S. intelligence activities. Creating the foundation for the study of ethics and intelligence by filling in the gap between warfare and philosophy, this is a valuable collection of literature for building an ethical code that is not dependent on any specific agency, department, or country. (shrink)

Books reviewed:John Barton, Joel and Obadiah: A Commentary John P. Meier, A Marginal Jew, Volume III: Companions and CompetitorsWilliam E. Arnal, Jesus and the Village Scribes: Galilean Conflicts and the Setting of QRichard A. Horsley, Hearing the Whole Story: The Politics of Plot in Mark's GospelMaurice Casey, Aramaic Sources of Mark's GospelPhilip Jenkins, Hidden Gospels: How the Search for Jesus Lost its WayChristopher M. Tuckett, Christology and the New Testament: Jesus and His Earliest FollowersMarkus Bockmuehl, The Cambridge Companion to JesusShelly (...) Matthews, First Converts: Rich Pagan Women and the Rhetoric of Mission in Early Judaism and ChristianityStephen J. Davis, The Cult of Saint Thecla: A Tradition of Women's Piety in Late AntiquityJ. Nimmo Smith, A Christian's Guide to Greek Culture. The Pseudo‐Nonnus Commentaries on Sermons 4, 5, 39 and 43 by Gregory of Nazianzus: Introduction, Translation and Notes.David Thomas, Early Moslem Polemic Against Christianity: Abu Isa al‐Warraq's ‘Against the Incarnation’Thomas O'Loughlin, Celtic Theology: Humanity, World and God in Early Irish WritingsCaroline M. Baron and Jenny Stratford, The Church and Learning in Later Medieval Society: Essays in Honour of R. B. Dobson Owen Chadwick, The Early Reformation on the Continent Benson Bobrick, The Making of the English BiblePeter Marhall and Alec Ryrie, The Beginnings of English ProtestantismRobert Tittler, The Reformation and the Towns in England. Politics and Political Culture, c. 1540–1640Peter Marshall, Beliefs and the Dead in Reformation EnglandNicholas Tyacke, Aspects of English Protestantism, c.1530–1700John Coffey, Persecution and Toleration in Protestant England, 1558–1689William Gibson, The Church of England 1688–1832: Unity and AccordWarwick Gould and Marjorie Reeves, Joachim of Fiore and the Myth of the Eternal Evangel in the Nineteenth and Twentieth CenturiesJames M. Byrne, God: Thoughts in an Age of Uncertainty Michael Palmer, The Question of God: An Introduction and SourcebookMichel René Barnes, The Power of God: ΔYNAMIΣ in Gregory of Nyssa's Trinitarian TheologyThomas Aquinas, Disputed Questions on VirtueStanley M. Hauerwas, Wilderness Wanderings: Probing Twentieth‐Century Theology and PhilosophyDavid Toole, Waiting for Godot in Sarajevo: Theological Reflections on Nihilism, Tragedy, and ApocalypseJohn Sullivan, Catholic Education: Distinctive and InclusiveGeorge Dennis O'Brien, The Idea of a Catholic UniversityGunnar Skirbekk and Nils Gilje, A History of Western ThoughtEllen Wagner, Essays on Plato's PsychologyAnthony Kenny, Aquinas on BeingJame Daly, Deals and Ideals: Two Concepts of EnlightenmentManfred Kuehn, Kant: A BiographyP. Travis Kroeker and Bruce K. Ward, Remembering the End: Dostoevsky as Prophet to ModernityStephen Mulhall, Inheritance and Originality: Wittgenstein, Heidegger, KierkegaardDavid Braybrooke, Natural Law ModernizedMaría Pía Lara, Rethinking EvilW. W. Meisner, Freud and PsychoanalysisJennifer Jackson, Truth, Trust and MedicineJeremy Sugarman and Daniel P. Sulmasy, Methods in Medical EthicsH. Tristram Engelhardt, Jr. and Mark J. Cherry, Allocating Scarce Medical Resources: Roman Catholic PerspectivesMaura A. Ryan, The Ethics and Economics of Assisted Reproduction: The Cost of LongingMichael Walsh, Dictionary of Christian Biography. (shrink)

Following a comparative historical chart, this student text features readings from Descartes, Spinoza, Locke, Berkeley, Hume, Leibniz and Kant.

Robert Owen was one of the most extraordinary Englishmen who ever lived and a great man. In a way his history is the history of the establishment of modern industrial Britain, reflected in the mind and activities of a very intelligent, capable and responsible industrialist, alive to the best social thought of his time. The organisation of industrial labour, factory legislation, education, trade unionism, co-operation, rationalism: he was passionately and ably engaged in all of them. His community at New (...) Lanark was the nearest thing to an industrial heaven in the Britain of dark satanic mills; he tried to found a rational co-operative community in the USA. In everything he contemplated, he saw education as a key. This selection of his writings on education illustrates his rationalist concept of the formation of character and its implications for education and society; also his growing utopian concern with social reorganisation; and third, his impact on social movements. Silver's introduction shows Owen's relationship to particular educational traditions and activities and his long-term influence on attitudes to education. (shrink)

The concept of hysteria is traced from Hippocrates, where it was thought to be caused by a wandering uterus, through Galen and up to Freud. Throughout the history of medicine from the early Greeks up to the end of the nineteenth century, the definition and diagnosis of hysteria had a function similar to that found in the persecution of witchcraft: it sought to eradicate the outbursts of nonconforming and emotionally threatening conduct of women. At the beginning of the twentieth century, (...) however, the category virtually disappears from psychiatric nosologies. (shrink)

On February 3, 2010, a “Letter of Concern from Bioethicists,” organized by fetaldex.org, was sent to report suspected violations of the ethics of human subjects research in the off-label use of dexamethasone during pregnancy by Dr. Maria New. Copies of this letter were submitted to the FDA Office of Pediatric Therapeutics, the Department of Health and Human Services (DHHS) Office for Human Research Protections, and three universities where Dr. New has held or holds appointments. We provide a critical appraisal of (...) the Letter of Concern and show that it makes false claims, misrepresents scientific publications and websites, fails to meet standards of evidence-based reasoning, makes undocumented claims, treats as settled matters what are, instead, ongoing controversies, offers “mere opinion” as a substitute for argument, and makes contradictory claims. The Letter of Concern is a case study in unethical transgressive bioethics. We call on fetaldex.org to withdraw the letter and for co-signatories to withdraw their approval of it. (shrink)

Over half a century ago, George Zipf observed that more frequent words tend to be older. Corpus studies since then have confirmed this pattern, with more frequent words being replaced and regularized less often than less frequent words. Two main hypotheses have been proposed to explain this: that frequent words change less because selection against innovation is stronger at higher frequencies, or that they change less because stochastic drift is stronger at lower frequencies. Here, we report the first experimental test (...) of these hypotheses. Participants were tasked with learning a miniature language consisting of two nouns and two plural markers. Nouns occurred at different frequencies and were subjected to treatments that varied drift and selection. Using a model that accounts for participant heterogeneity, we measured the rate of noun regularization, the strength of selection, and the strength of drift in participant responses. Results suggest that drift alone is sufficient to generate the elevated rate of regularization we observed in low‐frequency nouns, adding to a growing body of evidence that drift may be a major driver of language change. (shrink)

A supertask is a task that consists in infinitely many component steps, but which in some sense is completed in a finite amount of time. Supertasks were studied by the pre-Socratics and continue to be objects of interest to modern philosophers, logicians and physicists. The term “super-task” itself was coined by J.F. Thomson (1954). Here we begin with an overview of the analysis of supertasks and their mechanics. We then discuss the possibility of supertasks from the perspective of general relativity.

We evaluate the “story grammar” approach to story understanding from three perspectives. We first examine the formal properties of the grammars and find only one to be formally adequate. We next evaluate the grammars empirically by asking whether they generate all simple stories and whether they generate only stories. We find many stories that they do not generate and one major class of nonstory that they do generate. We also evaluate the grammars' potential as comprehension models and find that they (...) would add nothing to semantic models that focus on the story content. Hence we advocate a story content oriented approach to studying story understanding instead of the structural story grammar approach. (shrink)

Robert Brandom's latest book, the product of his John Locke lectures in Oxford in 2006, is a return to the philosophy of language and is easily read as a continuation and development of the views defended in Making it Explicit. The text of the lectures is presented much as they were delivered, but it contains an ‘Afterword’ of more than 30 pages which responds to questions raised when he gave the lectures, and also when they were subsequently delivered in (...) Prague the following year. The published text also contains relatively technical appendices to two of the lectures.The individual lectures engage with some important and difficult issues, often ones that were explored in detail in the earlier book. However, these discussions are located within a broader meta-philosophical context, and it says something about the abstract and difficult character of these views that they provide the main subject matter of the Afterword. This framework affects how we should understand the relations between this book and Making It Explicit too. Although most of the detailed discussions happily belong within the general project of the earlier book, they are offered as illustrations of a framework that is independent of this project. Indeed, Brandom suggests that defenders of the semantic views of David Lewis, for example, could embrace his main message as well as those who favour Brandom's own form of pragmatism.Neo-pragmatist philosophers such as Brandom's teacher, Richard Rorty, often present themselves as rejecting the analytic tradition in philosophy. When Brandom describes the ‘pragmatist challenge’ to the ‘classical project of analysis’, he appeals to the criticisms found in the work of Wittgenstein and Sellars that are often appealed to by the critics of the analytic tradition. The message of the new book is that the views he has built on this …. (shrink)

In today's business world, ethics is not simply a peripheral concern of executive boards or a set of supposed constraints on free enterprise. Ethics stands at the very core of our working lives and of society as a whole, defining the public image of the business community and the ways in which individual companies and people behave. What people do at work--and how they think about work--determines their attitudes and aspirations, affecting and even structuring their personal lives and habits. Working (...) from this premise, Honest Work: A Business Ethics Reader provides a practical overview of business ethics that concentrates on the ethical problems and dilemmas students are most likely to face in their prospective work environments. Classic and recent articles and cases cover a broad spectrum of issues and concerns--from private ethical dilemmas to larger considerations of corporate values--and propose guidelines for thinking about the business world in a moral context. Each reading and case is followed by lively questions for discussion. Offering a welcome alternative to the impersonal tone of most business ethics texts, the editors address students in an appealing and conversational manner. They provide engaging chapter introductions that include personal narratives and also present the ideas of great philosophers in a unique way--as emails. Ideal for introductory undergraduate and MBA courses in business ethics, Honest Work: A Business Ethics Reader can be read as a coherent narrative but also offers instructors great flexibility, as its various chapters, readings, and cases can be pursued in almost any order. A Companion Website featuring chapter objectives and summaries, study questions, self-tests, and off-site links of interest will soon be available. An Instructor's Manual with Test Bank is available to adopters. (shrink)

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...) choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations. (shrink)

Copyright © 2015 by the Society of Criti. Objective: Global lung stress varies considerably with low tidal volume ventilation for acute respiratory distress syndrome. High stress despite low tidal volumes may worsen lung injury and increase risk of death. No widely available parameter exists to assess global lung stress. We aimed to determine whether the volume delivered during a recruitment maneuver is inversely associated with lung stress and mortality in acute respiratory distress syndrome. Design: Substudy of an acute respiratory distress (...) syndrome clinical trial on esophageal pressure-guided positive end-expiratory pressure titration. Setting: U.S. academic medical center. Patients: Forty-two patients with acute respiratory distress syndrome in whom airflow, airway pressure, and esophageal pressure were recorded during the recruitment maneuver. Interventions: A single recruitment maneuver was performed before initiating protocol-directed ventilator management. Recruitment maneuvers consisted of a 30-second breath hold at 40 cm H2O airway pressure under heavy sedation or paralysis. VRM was calculated by integrating the flow-time waveform during the maneuver. End-inspiratory stress was defined as the transpulmonary pressure during end-inspiratory pause of a tidal breath and tidal stress as the transpulmonary pressure difference between end-inspiratory and end-expiratory pauses. Measurements and Main Results: VRM ranged between 7.4 and 34.7 mL/kg predicted body weight. Lower VRM predicted high end-inspiratory and tidal lung stress. After adjusting for Pao2/Fio2 and either driving pressure, tidal volume, or plateau pressure and positive end-expiratory pressure, VRM remained independently associated with both end-inspiratory and tidal stress. In unadjusted analysis, low VRM predicted increased risk of death. VRM remained significantly associated with mortality after adjusting for study arm. Conclusions: Low VRM independently predicts high lung stress and may predict risk of death in patients with acute respiratory distress syndrome. (shrink)

The collection and disposal of rubbish and waste and the maintenance of a decent standard of hygiene was as much a problem for ancient city authorities as for modern town councils. The responsibility for the removal of waste would often be dependent upon the nature of the rubbish and the facilities which city authorities offered. Thus early in the fourth century B.C. the agoranomic law from Piraeus prohibited individuals from piling earth and other waste on the streets and compelled the (...) offender to remove it. The astynomic law from Pergamon, which probably dates originally to the Hellenistic period, similarly forbade the dumping or piling up of earth or the mixing of mortar on the streets of the city. As one of Demosthenes' speeches indicates, the effect of dumping rubbish indiscriminately was to raise the level of the road surface, which consequently restricted access and endangered adjacent property. Excavation of a triangular hieron to the south west of the agora at Athens further illustrates the results of dumping. Here it was found that, between the construction of the hieron in the late fifth century B.C. and the beginning of the fourth century B.C, the road surface on its northern side rose more than half a metre and covered the lower part of the wall of the hieron and its boundary marker. The accumulated fill included a deep layer of marble chips, which had been dumped in the area by marble workers. The laws from Piraeus and Pergamon were thus designed to keep streets passable, protect adjacent buildings, and safeguard pedestrians. (shrink)

The rise of the phenomenon of virtue ethics in recent years has increased at a rapid pace. Such an explosion carries with it a number of great possibilities, as well as risks. This volume has been written to contribute a multi-faceted perspective to the current conversation about virtue. Among many other thought-provoking questions, the collection addresses the following: What are the virtues, and how are they enumerated? What are the internal problems among ethicists, and what are the objections and replies (...) to contemporary virtue ethics? Additionally, the practical implications following from the answers to these questions are discussed in new and fascinating research. Fundamental concepts such as teleology and eudaimonism are addressed from both a historical and dialectical approach. This tome will contribute not only to providing further clarity to the current horizons in virtue ethics, but also to the practical conclusion following from the study: to challenge the reader toward a greater pursuit of the virtuous life. (shrink)

ABSTRACTPeople often use metaphors to discuss their financial prospects – for example, finding a fortune or searching for wealth. The purpose of the present research was to utilize conceptual metap...

The present study examined trajectories of change in the frequency of overgeneral autobiographical memory (OGM) over the course of repeated trials, and tested whether particular dimensions of depressive symptomatology (somatic and cognitive‐affective distress), self‐esteem, and neuroticism account for individual differences in these trajectories. Given that depression is associated with impairments in effortful processing, we predicted that over repeated trials depression would be associated with increasingly OGM. Generalised Linear Mixed Models with Penalised Quasi‐Likelihood demonstrated significant linear and quadratic trends in OGM (...) over repeated trials, and somatic distress and self‐esteem moderated these slopes. The form of these interactions suggested that somatic distress and low self‐esteem primarily contribute to OGM during the second half of the trial sequence. The present findings demonstrate the value of a novel analytical approach to OGM that estimates individual trajectories of change over repeated trials. (shrink)

: We argue that healthy people should be allowed to sell one of their kidneys while they are alive—that the current prohibition on payment for kidneys ought to be overturned. Our argument has three parts. First, we argue that the moral basis for the current policy on live kidney donations and on the sale of other kinds of tissue implies that we ought to legalize the sale of kidneys. Second, we address the objection that the sale of kidneys is intrinsically (...) wrong because it violates the Kantian duty of respect for humanity. Third, we address a range of consequentialist objections based on the idea that kidney sales will be exploitative. Throughout the paper, we argue only that it ought to be legal for an individual to receive payment for a kidney. We do not argue that it ought to be legal for an individual to buy a kidney. (shrink)

The American Journal of Bioethics, Volume 11, Issue 6, Page 60-62, June 2011.

Johnson and Stricker published an opinion piece in the Journal of Medical Ethics presenting their perspective on the 2008 agreement between the Infectious Diseases Society of America (IDSA) and the Connecticut Attorney General with regard to the 2006 IDSA treatment guideline for Lyme disease. Their writings indicate that these authors hold unconventional views of a relatively common tick-transmitted bacterial infection caused by the spirochete Borrelia burgdorferi. Therefore, it should come as no surprise that their opinions would clash with the IDSA's (...) evidence-based guidelines for the diagnosis and treatment of Lyme disease. Their allegations of conflict of interest against the IDSA resemble those made against the National Institutes of Health, the Food and Drug Administration and the Centers for Disease Control and Prevention in 2000, which were found to be baseless. It is the responsibility of all physicians and medical scientists to stand up to antiscientific, baseless and unethical attacks on those who support an evidence-based approach to caring for patients. (shrink)

Robert B. Brandom’s semantic inferentialism is an important and new theory of meaning in the contemporary, analytical philosophy of language. This theory is presented in an extensive way in the monograph entitled Making It Explicit: Reasoning, Representing and Discursive Commitment. The theory is pragmatic, normative, holistic and discursive. On the one hand, Brandom’s standpoint is glorified and on the other hand, it is controversial. This is why a metaphilosophical question arises: How to evaluate the impact of this theory into (...) the philosophy of language? Inferentialism emphasises a material inference, de re ascription and the usage of demonstratives. Such categories are “vertical” and they accent „connection” with reality. Nevertheless, Brandom also emphasises an anaphoric concept of reference and truth. It makes his standpoint valuable because anaphoric understanding of reference and truth delivers an additional explication of the usage of words “refer to” or “is true.” But such categories are “horizontal.” Brandom grasps the problem of acquiring empirical meaning by expressions which initiate anaphoric chains. This is why he proposes — as an attempt of solving the problem — a modification of semantic inferentialism by adding revisionary and fallibilistic epistemology. In addition, Brandom enforces his theory by normative pragmatics which applies categories of assertion, entitlement, various commitments and a “score-keeping.” However, it seems that what is still missing is a notion of truth stronger than the one proposed in the anaphoric conception. What is requested is a notion of truth expressed in terms of the relation of the correspondence between a language and a reality. The disadvantage of the idea of correspondence is that it is difficult to define in a satisfactory way. But an important advantage is that it is “a language-reality” relation and not only “a language-language” relation. The objection does not demolish inferentialism. It expresses only a general epistemological difficulty of defining truth. However, the importance of inferentialism is that it tries to unite various elements. The theory attempts to explicate — in a more adequate way — what a meaning is and to explain how it is acquired by expressions. (shrink)

Genomic research results and incidental findings with health implications for a research participant are of potential interest not only to the participant, but also to the participant's family. Yet investigators lack guidance on return of results to relatives, including after the participant's death. In this paper, a national working group offers consensus analysis and recommendations, including an ethical framework to guide investigators in managing this challenging issue, before and after the participant's death.

At the beginning of 2020, COVID-19 became a global problem. Despite all the efforts to emphasize the relevance of preventive measures, not everyone adhered to them. Thus, learning more about the characteristics determining attitudinal and behavioral responses to the pandemic is crucial to improving future interventions. In this study, we applied machine learning on the multi-national data collected by the International Collaboration on the Social and Moral Psychology of COVID-19 (N = 51,404) to test the predictive efficacy of constructs from (...) social, moral, cognitive, and personality psychology, as well as socio-demographic factors, in the attitudinal and behavioral responses to the pandemic. The results point to several valuable insights. Internalized moral identity provided the most consistent predictive contribution—individuals perceiving moral traits as central to their self-concept reported higher adherence to preventive measures. Similar was found for morality as cooperation, symbolized moral identity, self-control, open-mindedness, collective narcissism, while the inverse relationship was evident for the endorsement of conspiracy theories. However, we also found a non-negligible variability in the explained variance and predictive contributions with respect to macro-level factors such as the pandemic stage or cultural region. Overall, the results underscore the importance of morality-related and contextual factors in understanding adherence to public health recommendations during the pandemic. (shrink)