The last decade or so has seen an explosion of scholarship by American law professors on what has become known as administrative constitutionalism. Administrative constitutionalism is a catchphrase for the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and governing based on those rules and norms. Though courts traditionally get far more attention in the scholarly literature and the popular imagination, administrative constitutionalism scholars show that administrative agencies have been extremely important participants in American constitutional (...) development. Section I of this essay identifies three different versions of administrative constitutionalism—(1) Engagement with Existing Constitutional Doctrine; (2) Resolving Questions of Statutory Meaning that Implicate Constitutional Questions; and (3) Shadow Administrative Constitutionalism—and provides examples from the scholarly literature to illustrate these distinct manifestations of administrative constitutionalism. Section II of this essay discusses the normative turn in administrative constitutionalism scholarship. Much of this normative literature is implicitly or explicitly premised on the notion that agencies are more likely to pursue progressive goals than are other government actors. Section III of this essay disputes the notion that agency constitutional decision-making is “democratic” and that agencies are naturally inclined to serve progressive goals. Finally, Section IV of this essay notes that scholars who support broad agency autonomy to work out and enforce their own constitutional visions have failed to consider how their work fits in with the economic and political science literature on agency behavior. One can predict, based on that literature, that agencies given broad autonomy under the guise of administrative constitutionalism will primarily be inclined to expand their scope and authority at the expense of countervailing considerations. (shrink)

The right to join with other people to promote a particular outlook, known as the right of expressive association, is a necessary adjunct to the right of freedom of speech, which is protected by the First Amendment of the United States Constitution. Freedom of speech would be of little practical consequence if the government could suppress ideas by bluntly prohibiting individuals from gathering with others who share their perspective. Freedom of expression must consist of more than the right to talk (...) to oneself. (shrink)

Since its founding in 1950, the Metaphysical Society of America has remained a pluralistic community dedicated to rigorous philosophical inquiry into the most basic metaphysical questions. At each year’s conference, the presidential address offers original insights into metaphysical questions. Both the insights and the questions are as perennial as they are relevant to contemporary philosophers. This volume collects eighteen of the finest representatives from those presidential addresses, including contributions from George Allan, Richard Bernstein, Norris Clarke, Vincent Colapietro, Frederick Ferré, (...) Jorge J. E. Gracia, Joseph Grange, Marjorie Grene, George Klubertanz, Ivor Leclerc, Ralph McInerny, Ernan McMullin, Joseph Owens, John Herman Randall, Jr., Nicholas Rescher, Stanley Rosen, John E. Smith, and Robert Sokolowski. Also included are Paul Weiss’s inaugural address to the Society, an introduction chronicling the history of the Society, and an original Foreword by William Desmond and Epilogue by Robert Neville. (shrink)

This excellent collection contains 13 essays from Gadamer's _Kleine Schriften, _dealing with hermeneutical reflection, phenomenology, existential philosophy, and philosophical hermeneutics. Gadamer applies hermeneutical analysis to Heidegger and Husserl's phenomenology, an approach that proves critical and instructive.

We are reporting on how involved the mentor was in promoting responsible research in cases of research misconduct. We reviewed the USPHS misconduct files of the Office of Research Integrity. These files are created by Institutions who prosecute a case of possible research misconduct; ORI has oversight review of these investigations. We explored the role of the mentor in the cases of trainee research misconduct on three specific behaviors that we believe mentors should perform with their trainee: (1) review source (...) data, (2) teach specific research standards and (3) minimize stressful work situations. We found that almost three quarters of the mentors had not reviewed the source data and two thirds had not set standards. These two behaviors are positively correlated. We did not see convincing evidence in the records that mentors were causing stress, but it was apparent in the convicted trainees’ confessions that over 50% experienced some kind of stress. Secondary data, while not created for this research purpose, allows us to look at concrete research behaviors that are otherwise not very researchable. We believe it is important for mentors and institutions to devote more attention to teaching mentors about the process of education and their responsibilities in educating the next generation of scientists. This becomes a critical issue for large research groups who need to determine who is in charge educating, supervising and assuring data integrity. (shrink)

This Element is on new developments in the psychology of reasoning that raise or address philosophical questions. In traditional studies in the psychology of reasoning, the focus was on inference from arbitrary assumptions and not at all from beliefs, and classical binary logic was presupposed as the only standard for human reasoning. But recently a new Bayesian paradigm has emerged in the discipline. This views ordinary human reasoning as mostly inferring probabilistic conclusions from degrees of beliefs, or from hypothetical premises (...) relevant to a purpose at hand, and as often about revising or updating degrees of belief. This Element also covers new formulations of dual-process theories of the mind, stating that there are two types of mental processing, one rapid and intuitive and shared with other animals, and the other slow and reflective and more characteristic of human beings. The final topic covered is the new developments and rationality. (shrink)

We review the major phenomena of skilled typing and propose a model for the control of the hands and fingers during typing. The model is based upon an Activation‐Trigger‐Schema system in which a hierarchical structure of schemata directs the selection of the letters to be typed and, then, controls the hand and finger movements by a cooperative, relaxation algorithm. The interactions of the patterns of activation and inhibition among the schemata determine the temporal ordering for launching the keystrokes. To account (...) for the phenomena of doubling errors, the model has only “type” schemata—no “token” schemata—with only a weak binding between the special schema that signals a doubling, and its argument. The model exists as a working computer simulation and produces an output display of the hands and fingers moving over the keyboard. It reproduces some of the major phenomena of typing, including the interkeystroke interval times, the pattern of transposition errors found in skilled typists, and doubling errors. Although the model is clearly inadequate or wrong in some of its features and assumptions, it serves as a useful first approximation for the understanding of skilled typing. (shrink)

Linking abstract principles and concrete cases is not always easy. Beginning deductively with ethical theory requires an a priori choice of ethical principles which, when applied, may not take account of the complexity of real problems. But beginning with cases can result in a situationalism in which the normative role of ethical principles is slighted. Casuistry, a case-centered methodology, offers one way to bridge this gap. Casuistry's bottom-up strategy develops policy guidelines out of case analysis, building a middle ground between (...) practice and principle. This article identifies the key features of casuistry and its link to ethical theory. The development of a code of ethics and the use of anonymous sources at a daily newspaper test casuistry's relevance for journalism ethics. (shrink)

David E. Cooper elucidates Nietzsche's educational views in detail, in a form that will be of value to educationalists as well as philosophers. In this title, first published in 1983, he shows how these views relate to the rest of Nietzsche's work, and to modern European and Anglo-Saxon philosophical concerns. For Nietzsche, the purpose of true education was to produce creative individuals who take responsibility for their lives, beliefs and values. His ideal was human authenticity. David E. Cooper (...) sets Nietzsche's critique against the background of nineteenth-century German culture, yet is concerned at the same time to emphasize its bearing upon recent educational thought and policy. (shrink)

What does it mean that understanding is the primary mode of human being in the world? How can new symbols refigure human temporal possibilities and narrative understandings? How do we interpret life, and what can be claimed as "truth"? These and related questions are explored by a collection of distinguished scholars from a variety of disciplines in Meanings in Texts and Actions. These essays constitute a critical encounter with the philosophy of Paul Ricoeur, who - along with Hans-Georg Gadamer - (...) was largely responsible for the postwar emergence of a new hermeneutics. Having engaged in critical debates with thinkers in virtually every humanistic discipline, Ricoeur has managed to create a conversation among them, as this collection attests. Volume contributors - representatives of a range of disciplines including literary theory, theology and religious studies, comparative literature, film studies, history, political philosophy, ethics, and global studies - take up Ricoeur's questions and pose questions of their own in return. In so doing, they work toward new formulations in our thinking that address the contemporary challenges of deconstruction and postmodernism and pay particular attention to theology and its relation to humanistic culture. (shrink)

This study builds on prior research investigating the antecedents of firm supererogation. Examining vehicle recalls in the U.S. automobile industry from 1966 to 2010 reveals that surveillance-based government enforcement programs can have widespread industry effects on a specific type of supererogatory action, firm volunteerism. Specifically, increases in government surveillance are associated with firms going beyond what is legally required of them by initiating voluntary product recalls for defects not covered in existing government regulation. Such effects are shown to be unique (...) among surveillance efforts as other government enforcement activities, such as standards-based regulation, are revealed to have a negative association with firm supererogation. (shrink)

This study uses theories of moral reasoning and moral competence to investigate how university codes of ethics, perceptions of ethical culture, academic pressure from significant others, and ethics pedagogy are related to the moral development of students. Results suggest that ethical codes and student perceptions of such codes affect their perceptions of the ethical nature of the cultures within these institutions. In addition, faculty and student discussion of ethics in business courses is significantly and positively related to moral competence among (...) students. Our results point to the need to further examine the connections among academic institutional structures, ethics pedagogy, and students’ moral development. (shrink)

Barbey & Sloman (B&S) relegate the logical rule of the excluded middle to a footnote. But this logical rule is necessary for natural sampling. Making the rule explicit in a logical tree can make a problem easier to solve. Examples are given of uses of the rule that are non-constructive and not reducible to a domain-specific module.

BOOK REVIEWS 3oi phy with a capacity to produce "sudden illumination" - Relatively rarely does her own study offer the kind of original interpretation of specific propositions and doc- trines that frequently dominates the concerns of systematic commentators on Spinoza. Even when it does so, Lloyd generally provides little textual or argumentative defense for her reading. As a result, it would be difficult to cite a single proposition of the Ethics as one whose specific meaning must be interpreted differently as (...) a result of this book. What the book does instead, however, is something equally valuable: it regularly pro- duces the kind of "sudden illumination" that results not in a new interpretation of the narrow content of a particular proposition, but rather in a better understanding of the full significance of whole sets of propositions. For this reason, the book is an important contribution to our understanding of Spinoza -- and of ourselves. DON GARRETT University of Utah Vere.. (shrink)

My intention in this paper is to present a schema for understanding �sthetic transactions. (By '�sthetic transactions' I mean to refer to the artist's creation of a work of art and the audience's appreciation of it). For Kant a schema was a rule or principle that enables the under- standing to apply its categories. I am using this term in a narrower sense but in the same spirit : The schema to be considered is to serve as a principle which (...) will allow us to grasp in a definitive fashion the special character of �sthetic transactions. (shrink)

This paper examines potential predictors of ethical decisions regarding insider trading. An interactionist perspective is taken, in which person variables, situational variables, and the interaction of these two sets of variables are viewed as influencing ethical decisions. The results of our study support such a perspective. Ethical decisions regarding insider trading appear to be a function of a complex set of interacting variables related to both the person and the situation. The implications of these findings are discussed.

David E Cooper; Linguistics and ‘Cultural Deprivation’, Journal of Philosophy of Education, Volume 12, Issue 1, 30 May 2006, Pages 113–120, https://doi.org/10.1.

This paper reviews the actual and potential use of social media in emergency, disaster and crisis situations. This is a field that has generated intense interest. It is characterised by a burgeoning but small and very recent literature. In the emergencies field, social media (blogs, messaging, sites such as Facebook, wikis and so on) are used in seven different ways: listening to public debate, monitoring situations, extending emergency response and management, crowd-sourcing and collaborative development, creating social cohesion, furthering causes (including (...) charitable donation) and enhancing research. Appreciation of the positive side of social media is balanced by their potential for negative developments, such as disseminating rumours, undermining authority and promoting terrorist acts. This leads to an examination of the ethics of social media usage in crisis situations. Despite some clearly identifiable risks, for example regarding the violation of privacy, it appears that public consensus on ethics will tend to override unscrupulous attempts to subvert the media. Moreover, social media are a robust means of exposing corruption and malpractice. In synthesis, the widespread adoption and use of social media by members of the public throughout the world heralds a new age in which it is imperative that emergency managers adapt their working practices to the challenge and potential of this development. At the same time, they must heed the ethical warnings and ensure that social media are not abused or misused when crises and emergencies occur. (shrink)

In lieu of an abstract, here is the chapter's first paragraph: MOST OF BERTRAND RUSSELL'S BIOGRAPHERS do not even mention Horace Liveright, yet Liveright was a key player in the development of Russell as a popular philosopher and public intellectual. In particular, it was on a commission from Liveright that Russell wrote three of his best-selling books, books that are still in print and that many people have found helpful.

Objective Gather information from physicians about factors contributing to unnecessary noninvasive imaging and impact of possible solutions. Methods Qualitative study of 14 physicians using a phenomenological approach and the Theoretical Domains Framework. Results Most participants ( n = 9) self-reported that >10% of the imaging tests they order are unnecessary. External sources of pressure included: peer-review, patient demands, nursing expectations, specialist requests (social demands), as well as prior experience with patient advocates, and the compensation and pension system (environmental context). Internal (...) sources of pressure included reliance on anecdote (emotion), self-doubt about diagnoses (beliefs about capabilities), and fear of missing a diagnosis and of professional liability (beliefs about consequences). Participants expressed both optimism and concern about potential solutions, such as adopting decision support software. Conclusion Physicians are under pressure from multiple sources to order unnecessary imaging. Peer review, nursing expectations, and perceptions about Veteran compensation and pension are newly reported contributing factors. (shrink)

The aim of this study was to examine the predictions of three theories of human logical reasoning, (a) mental model theory, (b) formal rules theory (e.g., PSYCOP), and (c) the probability heuristics model, regarding the inferences people make for extended categorical syllogisms. Most research with extended syllogisms has been restricted to the quantifier “All” and to an asymmetrical presentation. This study used three-premise syllogisms with the additional quantifiers that are used for traditional categorical syllogisms as well as additional syllogistic figures. (...) The predictions of the theories were examined using overall accuracy as well as a multinomial tree modelling technique. The results demonstrated that all three theories were able to predict response selections at high levels. However, the modelling analyses showed that the probability heuristics model did the best in both Experiments 1 and 2. (shrink)

One of the most popular and enduring approaches to indeterminacy phenomena (e.g., vagueness) over the past several decades has been some form or another of supervaluationism. I argue that supervaluationism is inadequate as a model of indeterminacy: There is an entire class of examples of indeterminacy, characterized by a common “branching” structure, that cannot be modeled in the way supervaluationism proposes. I demonstrate my conclusion explicitly with respect to two specific examples—indeterminate personal identity and indeterminate reference—showing how supervaluationism can model (...) neither. Importantly, my arguments apply to both traditional “semantic” and more recent “metaphysical” versions of supervaluationism. (shrink)

Concerns about caregivers providing religious or spiritual care arise, in large part, out of a misunderstanding about religion and spirituality and what those terms really mean. Many people treat religion and spirituality as special and unique. This chapter argues that religion and spirituality are basic human facts as inseparable from what it means to be human in the same way as our sex, our age, our ethnicity or the other social and cultural factors that caregivers routinely address. The chapter begins (...) by offering a functionalist definition of religion and spirituality. It then examines research on the needs of patients at the end of life and suggests how these express religious and spiritual concerns. Finally, it offers guidelines as to how the caregiver may meet those needs of a patient. (shrink)

David E Cooper; Practice, Philosophy and History: Carr vs. Jonathan, Journal of Philosophy of Education, Volume 21, Issue 2, 30 May 2006, Pages 181–186, https:/.

This book teaches students how to make the difficult ethical decisions that journalists routinely face.

Contemporary advocates of ‘deep ecology’ often appeal to daoist ideals as an early expression of ‘respect’ for nature. This appeal is inspired, presumably, by daoist attacks on ‘convention’ or ‘artifice’ which, as Zhuang Zi puts it, ‘has been the ruin of primordial nature... the ruin of the world’. But there are problems with this appeal. Daoists are extremely selective in the aspects of nature which they admire, and it is as much the skilled artisan as the person ‘at one with (...) nature’ who is the daoist ideal. Nevertheless, daoist literature does have implications—albeit rather complicated—for proper environmental attitudes. (shrink)