This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict liability (...) offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”. (shrink)

I defend and revise the systematic account of normative functions (teleofunctions), as recently developed by Gerhard Schlosser and by W. D. Christensen and M. H. Bickhard. This account proposes that teleofunctions are had by structures that play certain kinds of roles in complex systems. This theory is an alternative to the historical etiological account of teleofunctions, developed by Ruth Millikan and others. The historical etiological account is susceptible to a general ontological problem that has been under-appreciated, and that offers important (...) reasons to adopt the systematic account. However, the systematic account must be revised to allow for two distinct kinds of teleofunctions in order to avoid another ontological problem. (shrink)

Experimental studies suggest that individuals exhibit more risk aversion in choices among prospects when the payment and resolution of uncertainty are immediate relative to when it is delayed. This leads to preference reversals that cannot be attributed to discounting. When data suggest that utility is time-independent, probability weighting functions, such as those used to model prospect theory preferences, can accommodate such reversals. We propose a simple descriptive model with a two-parameter probability weighting function where one of these parameters depends on (...) the time at which a prospect is resolved. The time-dependent parameter is responsible for the curvature of the probability weighting function and is regarded as an index of sensitivity towards changes in probabilities. We provide conditions that characterize increased sensitivity towards more distant probabilities; this can account for the observed relatively less risk aversion towards delayed prospects. In our framework, the discount function is unrestricted, such that the model is compatible with empirical findings of non-constant discounting. In a simple application to bargaining we illustrate when it is advantageous for an individual to advance or delay the bargaining resolution time if an opponent displays increased sensitivity towards probability changes with delay. (shrink)

This article presents a process account of some typicality effects and related similarity-dependent accuracy and response time phenomena that arise in the context of supervised concept acquisition. We describe Symbolic Concept Acquisition (SCA), a computational system that acquires and activates category prediction rules. In contrast to gradient representations, SCA performs by probing for prediction rules in a series of discrete steps. For learning new rules, it acquires general rules but then incrementally learns more specific ones. In describing SCA, we emphasize (...) its functionality in terms of accuracy and efficiency and motivate its design within the set of symbolic mechanisms and memory structures defined by the Soar architecture (Laird, Newell & Rosenbloom, 1987). For replicating human behavior, we first show how SCA exhibits some typicality effects in the course of learning responding faster and more accurately to more typical test examples. Then, using data from human experiments, we evaluate SCA's qualitative predictions on accuracy and response time on individual dataset instances. We show how SCA's predictions correlate with human data across three experimental conditions concerning the effect of instruction on learning strategy. (shrink)

The errors young children make when recognising others’ emotions may be systematic over-identification biases and may partially explain the challenges some have socially. These biases and associations may be differential by emotion. In a sample of 871 ethnically and racially diverse preschool-aged children (i.e. 33–68 months; 49% Hispanic/Latine, 52% Children of Colour), emotion recognition was assessed, and scores for accuracy and bias were calculated by emotion (i.e. anger, sad, happy, calm, and fear). Child and family characteristics and teacher-reported social behaviour (...) were also collected. Multilevel structural equation modelling revealed emotion-specific recognition accuracies varied between 36 and 65% whereas biases varied between 4 and 13%. Anger was the strongest bias followed by sad, happy, fear, and calm, in contrast to the pattern for accuracy – happy, sad, angry, fear, and calm. More variance was explained in emotion-specific recognition accuracies by child and family characteristics – 7–38% – than biases – 3–7%. Negatively-valanced emotion recognition biases associated with positively-valanced accuracies, and positively-valued emotion recognition biases associated with negatively-valued accuracies. Biases did not have meaningful associations with social behaviour. This study highlights that children’s emotion recognition errors may partially be systematic, but future studies are needed to understand the underlying cognitive mechanisms. (shrink)

We explored the consequences for learning through interaction with an educational microworld called Electric Field Hockey (EFH). Like many microworlds, EFH is intended to help students develop a qualitative understanding of the target domain, in this case, the physics of electrical interactions. Through the development and use of a computer model that learns to play EFH, we analyzed the knowledge the model acquired as it applied the game‐oriented strategies we observed physics students using. Through learning‐by‐doing on the standard sequence of (...) tasks, the model substantially improved its EFH playing ability; however, it did so without acquiring any new qualitative physics knowledge. This surprising result led to an experiment that compared students' use of EFH with standard‐goal tasks against two alternative instructional conditions, specific‐path and no‐goal, each justified from a different learning theory. Students in the standard‐goal condition learned less qualitative physics than did those in the two alternative conditions, which was consistent with the model. The implication for instructional practice is that careful selection and analysis of the tasks that frame microworld use is essential if these programs are to lead to the learning outcomes imagined for them. Theoretically, these results suggest a new interpretation for numerous empirical findings on the effectiveness of no‐goal instructional tasks. The standing “reduced cognitive load” interpretation is contradicted by the success of the specific‐path condition, and we offer an alternative knowledge‐dependent interpretation. (shrink)

This study examined the constraining effect of economic performance on the relationship between CEO stakeholder orientations and four pollution performance categories. Economic performance was found to moderate the relationship for two of the four categories. Additionally economic performance was found to consistently interact with some CEO stakeholder orientations and not others. Overall the results suggest that CEO concern with stakeholder expectations is in large part moderate by the economic performance of the firm.

Recent evidence on intertemporal choice suggests that decision-makers may exhibit both increasing and decreasing impatience simultaneously, called inverse-S discounting. This paper introduces trichotomic discounted utility to model inverse-S discounting. Under trichotomic discounted utility the decision-maker distinguishes between short-term delays, medium-term delays, and long-term delays. Exponential discounting holds within each category, but not necessarily across each category. We provide preference foundations for trichotomic discounted utility in the timed outcomes framework and in the consumption streams framework. The key axiom is a weakening (...) of the time consistency axiom that allows for both increasing and decreasing impatience. We also consider a weak, local version of time consistency, and show that this plausible condition is satisfied only by discount functions with exponential “pieces”. (shrink)

The publication in theJournal of the American Medical Association of a narrative entitled “It's Over, Debbie,” in which a gynecology resident apparently performs euthanasia, has stirred considerable debate characterized by varying interpretations not only of the ethical issues involved but of the meaning of the text itself. Formal analysis reveals the narrative to be strikingly literary in its ambiguity, its foregrounding of its own textuality, and its dominant structure of repetition and reversal. The analysis points to features that account for (...) some of the varying interpretations in the debate, and it calls into question the relation of the text to whatever events it may represent and to how the resident may have perceived these events. (shrink)

In recent years, the construct of character has received substantial attention among developmental scientists, but no consensus exists about the content and structure of character, especially among children and early adolescents. In a study of positive development among racially diverse Cub Scouts in the greater Philadelphia area, we assessed the construct and concurrent validity of a new measure of character, the Assessment of Character in Children and Early Adolescents, among 906 Scouts and 775 non-Scout boys and girls. We identified an (...) eight-correlated-factor model as providing the best fit with our data. We further established measurement invariance and explored latent mean differences for ACCEA scores across two Scout groups, non-Scout boys and non-Scout girls. Girls were generally superior than boys on all character attributes. We further examined concurrent validity of ACCEA by correlating the character attributes with youth sense of school competence, intentional self-regulation and parental perception of youth school performance. We discuss implications for future character research and point to the value of the ACCEA measure being used by practitioners in character development programs. (shrink)

Self-regulation in early childhood is an important predictor of success across a variety of indicators in life, including health, well-being, and earnings. Although conceptually self-regulation has been defined as multifaceted, previous research has not investigated whether there is conceptual and empirical overlap between the factors that comprise self-regulation or if they are distinct. In this study, using a bifactor model, we tested the shared and unique variance among self-regulation constructs and prediction to pre-academic and social-emotional skills. The sample included 932 (...) preschool children, their parents, and their teachers in the United States. Children’s self-regulation was assessed using measures of executive function, behavioral self-regulation, and emotion regulation. The bifactor model demonstrated a common overarching self-regulation factor, as well as distinct executive function and emotion regulation factors. The common overarching self-regulation factor and executive function predicted children’s pre-academic and social-emotional skills. The emotion regulation factor predicted children’s social-emotional skills. Identifying the shared and unique aspects of self-regulation may have important implications for supporting children’s regulatory skills as well as their success in school. (shrink)

Public health care interventions—regarding vaccination, obesity, and HIV, for example—standardly take the form of information dissemination across a community. But information networks can vary importantly between different ethnic communities, as can levels of trust in information from different sources. We use data from the Greater Pittsburgh Random Household Health Survey to construct models of information networks for White and Black communities--models which reflect the degree of information contact between individuals, with degrees of trust in information from various sources correlated with (...) positions in that social network. With simple assumptions regarding belief change and social reinforcement, we use those modeled networks to build dynamic agent-based models of how information can be expected to flow and how beliefs can be expected to change across each community. With contrasting information from governmental and religious sources, the results show importantly different dynamic patterns of belief polarization within the two communities. (shrink)

Psychopathy refers to a range of complex behaviors and personality traits, including callousness and antisocial behavior, typically studied in criminal populations. Recent studies have used self-reports to examine psychopathic traits among noncriminal samples. The goal of the current study was to examine the underlying factor structure of the Self-Report of Psychopathy Scale–Short Form (SRP-SF) across complementary samples and examine the impact of gender on factor structure. We examined the structure of the SRP-SF among 2,554 young adults from three undergraduate samples (...) and a high-risk young adult sample. Using confirmatory factor analysis, a four-correlated factor model and a four-bifactor model showed good fit to the data. Evidence of weak invariance was found for both models across gender. These findings highlight that the SRP-SF is a useful measure of low-level psychopathic traits in noncriminal samples, although the underlying factor structure may not fully translate across men and women. (shrink)

Human fascination with art has deep evolutionary roots, yet its role remains a puzzle for evolutionary theory. Although its widespread presence across cultures suggests a potential adaptive function, determining its evolutionary origins requires more comprehensive evidence beyond mere universality or assumed survival benefits. This paper introduces and tests the Collector Hypothesis, which suggests that artworks serve as indicators of collectors’ surplus wealth and social status, offering greater benefits to collectors than to artists in mating and reproductive contexts. Our study among (...) Indigenous Papuan communities provides preliminary support for the Collector Hypothesis, indicating that, compared to artists, collectors are perceived as having higher social status and greater attractiveness to women. These findings provide unique insights into Papuan communities and contribute to the ongoing discussion about art’s adaptive significance of art by suggesting that artistic capacities may benefit not only creators but also those who accumulate and display art. Further research in diverse cultural contexts is needed for a comprehensive understanding of this interplay. (shrink)

Boyer's formulation neglects that humans are embodied agents. It is a biological imperative to distinguish self from other. Ownership of ideas, bodies, objects, and locations is an inevitable extension of this. We argue that (1) the body's capability influences the inputs that guide future actions, and (2) bodies in action influence all of cognition, from perception to decision making.

Cognitive reappraisal is an important emotion regulation strategy that shows considerable developmental change in its use and effectiveness. This paper presents a systematic review of the evidence base regarding the development of cognitive reappraisal from early childhood through adolescence and provides methodological recommendations for future research. We searched Scopus, PsycINFO, and ERIC for empirical papers measuring cognitive reappraisal in normative samples of children and youth between the ages of 3 and 18 years published in peer-reviewed journals through August 9th, 2018. (...) We identified 118 studies that met our inclusion criteria. We first present a quantitative review of the methodologies used to investigate cognitive reappraisal in children and adolescents, with attention to variations in methodologies by the sample age range. We then present a qualitative review of findings with attention to: the age at which children begin to effectively use cognitive reappraisal to regulate their emotions, and developmental changes in cognitive reappraisal from early childhood through adolescence. We consider how methodological differences may contribute to inconsistencies in findings, highlight gaps in the literature that remain to be addressed, and make recommendations for future directions. (shrink)

Most theories of affective influences on judgement and choice take a valence-based approach, contrasting the effects of positive versus negative feeling states. These approaches have not specified if and when distinct emotions of the same valence have different effects on judgement. In this article, we propose a model of emotion-specific influences on judgement and choice. We posit that each emotion is defined by a tendency to perceive new events and objects in ways that are consistent with the original cognitive-appraisal dimensions (...) of the emotion. To pit the valence and appraisal-tendency approaches against one another, we present a study that addresses whether two emotions of the same valence but differing appraisals—anger and fear—relate in different ways to risk perception. Consistent with the appraisal-tendency hypothesis, fearful people made pessimistic judgements of future events whereas angry people made optimistic judgements. In the Discussion we expand the proposed model and review evidence supporting two social moderators of appraisal-tendency processes. (shrink)

Miguel is an eighteen‐year‐old male transferred to Alamo Hospital for antivenom treatment after a rattlesnake bite while sleeping on railroad tracks. His “coyote,” an individual who guides undocumented people across the U.S. border from Mexico, dropped him off at a clinic. By the time Miguel was transferred from the clinic to Alamo, he was in complete paralysis and at risk for heart failure, requiring ventilator support to breathe. A person who receives treatment for a snake bite within one to two (...) hours has a 99 percent chance of recovery, but for Miguel, at least fifteen hours had already passed. A hospital ethicist at Alamo contacted the Mexican consulate, and together they arranged for Miguel's father to come to Alamo and make decisions for him. His physicians have determined that he is in a persistent vegetative state and can no longer benefit from hospital treatment. However, no long‐term care facility will accept him. Miguel is undocumented and unfunded. Miguel's father wishes to take his son home, but the cost of transporting him is high,and their home state in Mexico has no ventilator available for him and no consistent supply of electricity to run it. What should the hospital do? (shrink)

This study experimentally tests the contributions of specific appraisals, considered at both molecular (appraisal components) and molar (core relational themes) levels of analysis, to the experience of four emotions (anger, guilt, fear/anxiety, and sadness) using a two-stage directed imagery task. In Stage 1, subjects imagined themselves in scenarios designed to evoke appraisals hypothesised to produce either anger or sadness. In Stage 2, the scenarios unfolded in time to produce a second manipulation designed to systematically evoke the appraisals hypothesised to produce (...) each of the four emotions under study. The results provided substantial support for the theoretically specified appraisal-emotion relationships for anger, guilt, and fear/ anxiety. However, support for the predictions for sadness was weaker, partially due to ineffective manipulation of the relevant appraisals. Implications for the further development and testing of emotion theory are discussed. (shrink)

A model of autobiographical remembering and the creation of personal culture is proposed. In this model we hypothesize that autobiographical memories are instantiations--objectifications as in metaphors or idioms-constituted through reconstructive processes that come to be recognized as self. Such memories are subsequently subjectified as personal culture. Our emphasis is on the functions and uses of autobiographical remembering, especially in interaction with others, where reconstructed memories are marked with affective significance. We propose that memories become autobiographical as a function of how (...) they are used--to establish and maintain intimacies or to calm ourselves during times of hightened anxiety-and signified by affect and emotion. From an object-relations theory perspective, autobiographical memories are seen as transitional phenomena (selfobjects) that reconstitue caregiving relationships both when we are alone and when we are interacting with others. (shrink)

This book contains new essays in honor of Melvin J. Lerner, a pioneer in the psychological study of justice. The contributors to this volume are internationally renowned scholars from psychology, business, and law. They examine the role of justice motivation in a wide variety of contexts, including workplace violence, affirmative action programs, helping or harming innocent victims and how people react to their own fate. Contributors explore fundamental issues such as whether people's interest in justice is motivated by self-interest (...) or a genuine concern for the welfare of others, when and why people feel a need to punish transgressors, how a concern for justice emerges during the development of societies and individuals, and the relation of justice motivation to moral motivation. How an understanding of justice motivation can contribute to the amelioration of major social problems is also examined. (shrink)

McCullough et al. propose an evolved cognitive revenge system which imposes retaliatory costs on aggressors. They distinguish between this and other forms of punishment (e.g., those administered by judges) which are not underpinned by a specifically designed evolutionary mechanism. Here we outline mechanisms and circumstances through which the revenge system might nonetheless infiltrate decision-making within the criminal justice system.

Informed consent documents are central to the informed consent process and are required for participation in clinical trials in the U.S. The primary purpose of the document is “to assist a prospect...