We argue that for theorists with a post-institutional conception of property, e.g., Rawlsians, there is no principled reason to limit the domain of distributive justice to tax and transfer-both tax policy and the rules of the private law are constructed in service to distributive aims. Such theorists cannot maintain a commitment to a normative conception of private law independent of their overarching distributive principles. In contrast, theorists with a pre-institutional conception of property can derive the private law from sectors of (...) morality independent of distributive justice. Nevertheless, we argue, this does not entail that the private law, for pre-institutional theorists, must be sanitized of equity-oriented values. Non-libertarian pre-institutional theorists holding principled commitments to equity-oriented values are free to invoke either tax and transfer or the rules of the private law to attain them. Footnotesa We are grateful to John G. Bennett, Harry Dolan, Edward McCaffery, and Ellen Frankel Paul for written comments on a previous draft and to Eric Mack, Fred Miller, Jeffrey Paul, A. John Simmons, and the other contributors to this volume for valuable discussions. (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)

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)

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.

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)

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 two main psychological theories of the ordinary conditional were designed to account for inferences made from assumptions, but few premises in everyday life can be simply assumed true. Useful premises usually have a probability that is less than certainty. But what is the probability of the ordinary conditional and how is it determined? We argue that people use a two stage Ramsey test that we specify to make probability judgements about indicative conditionals in natural language, and we describe experiments (...) that support this conclusion. Our account can explain why most people give the conditional probability as the probability of the conditional, but also why some give the conjunctive probability. We discuss how our psychological work is related to the analysis of ordinary indicative conditionals in philosophical logic. (shrink)

Presents nicholas malebranche's interpretation of chinese philosophy as found in his "entretien d'un philosophe chretien et d'un philosophe chinois" (1708). Treats background (transition from 17th century insular to 18th century cosmopolitan eurocentrism), Sources (primarily artus de lionne, Bishop of rosalie and former missionary to china), And motivation (defense of his philosophy against the charge of spinozism). Discusses malebranche's interpretation of neo-Confucian terms "li" and "ch'i" and their relationship to his definition of god. Places the "entretien" in the context of the (...) malebranche-Leibniz correspondence and interprets the work as a stimulus for leibniz' more substantive "discours sur la theologie naturelle des chinois" (1716). (shrink)

Cells are capable of overcoming the randomizing effect of lateral diffusion in order to regionally differentiate their surfaces. Such local structural specializations are of major significance to cellular function. In some cases, they may be explained by diffusion rates that are insufficient to completely randomize surface gradients over biologically relevant times scales. However, in other cases, absolute and permanent regionalizations are also observed. Mechanistically, the problem is analogous to equilibrium across a dialysis bag: either an absolute barrier exists or the (...) chemical potential between two adjacent regions must be equal. The interactive nature of the system, where localizations of one component lead to localization of others, are also considered here. (shrink)

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

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.

This commentary argues against the indictment of current experimental practices such as piecemeal testing, and the proposed integrated experiment design (IED) approach, which we see as yet another attempt at automating scientific thinking. We identify a number of undesirable features of IED that lead us to believe that its broad application will hinder scientific progress.

A great deal has been learned in the past fifteen years from the study of pain mechanisms. More recently, the relief of pain has begun to receive much needed attention as well. Although most, if not all, acute and cancer pain can be relieved, recent evidence shows that inadequate treatment of pain is still common among the general population—even for pain due to cancer. Inadequate treatment of cancer pain is even more likely if the patient is a member of an (...) ethnic minority, female, elderly, or a child. Evidence also suggests that substance abusers are at risk for poor pain treatment.A number of barriers which involve problems of knowledge, attitudes, and laws and regulations affect health care professionals, patients, and the health care system; collectively, they contribute to the inadequate treatment of pain. (shrink)

In this paper, I explore some parallels and dissimilarities between aesthetic appreciation that takes as its focus art objects and that which focuses on natural objects. I cover three areas. The first deals with general approach, whether a paradigm of engagement is more appropriate to environmental aesthetics than one of detachment and disinterest. The second theme is about preservation and whether the appropriate model is static or dynamic. The final theme is about environmental criticism and the application of aesthetic theory (...) to arguments for preservation. (shrink)

A common view is that Charles Peirce influenced Josiah Royce. This paper demonstrates that Josiah Royce influenced Charles Peirce. A chronology is presented, followed with a brief description of a change in Peirce’s thinking from studying the writings of Royce.

A shrewd and compelling examination of how political figures throughout history have used scientific findings to achieve their objectives--just as scientists have often put political forces to work to achieve their own goals.

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 40.4 (2006) 39-50 MuseSearchJournalsThis JournalContents[Access article in PDF]The Acquisitive AttitudeDavid E. W. FennerAt my university, a small regional university in the south, I teach many "general education" courses in philosophy. The majority of freshmen and sophomores who populate these courses have never seen a dance performance, an opera, a symphony, or a stage play. Many have never been to an art gallery. At this (...) small university we have an active gallery; 1 besides the student and faculty shows each year, we can count on at least a half dozen other exhibitions, either single-artist shows or thematic compilations. Except when prepping for an upcoming show, the gallery is never closed. This means there are ample occasions for me to take my general education students for a visit to the gallery. In preparing them for our little field trip, I try to find a balance between two things. On the one hand, I want to leave the occasion open-ended to promote whatever sorts of personal experiences they may have in connection with viewing the artworks; the idea that they may come out of the gallery thinking this was yet one more meaningless academic exercise they had to endure makes me physically ill (so great is my passion for this opportunity to introduce them to their first art gallery experience). On the other hand, without any structure, many students will walk through the space at a brisk pace and exit quickly. This again would be a serious failure. Therefore, I give them an assignment for their visit, one that is meant to spotlight their potential enjoyment of the gallery while at the same time engaging them critically. The assignment is simple: "choose your favorite piece and be prepared to give some reasons for why this piece is better than the rest; and choose your least favorite piece and be prepared to offer some reasons for why this piece is worse than the rest." The reasons that I get back, in support of both of their judgments, frequently turn on traditional things like the representational quality of the (mimetic) work, the emotional content—either expressed or inspired—and formal considerations like balance and elegance. The conflation between identifying artistic [End Page 39] merit and their own, perhaps fairly naive, reactions is something I do not worry about at this level. This conflation may be warranted in certain theories of artistic worth—and it is something I am sympathetic to—but the real point is to encourage in the students a connection between enjoyment of the experience of viewing art and viewing it with a critical eye. If I can introduce just that one concept, the field trip has been a success. I can build on that later.I take a "critical thinking" approach to art criticism. I believe that the evaluative aspects of art criticism essentially have to do with advancing claims for which arguments and evidence can be offered. If critical thinking means seeking out and being able to advance reasons for the adoption or holding of a position, and this requires the logical skills involved with correct argument formulation and the epistemic skills involved with quality evidence gathering, then art criticism is essentially critical thinking applied to a certain content: art. Art evaluation happens in two arenas. First, there are issues of context and issues of subjectivity (Where did this work come from? Who did it? How does this work relate to other works and other times? How does this work connect to values other than purely aesthetic—or, better, artistic—ones, such as moral ones?). The effects of these sorts of considerations are relative to the viewer, her access and attention to information about the work, and the experience of viewing. The second arena is the one internal to the work itself. This is the formalist arena. Advancing a claim concerning the work's possession of a certain aesthetic feature generally takes the form of evidencing that possession on the basis of the work's possession of certain nonaesthetic, or... (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)

Although rarely appreciated, the collaboration that brought Felix Klein and Sophus Lie together in 1869 had mainly to do with their common interests in the new field of line geometry. As mathematicians, Klein and Lie identified with the latest currents in geometry. Not long before, Klein’s mentor Julius Plücker launched the study of first- and second-degree line complexes, which provided much inspiration for Klein and Lie, though both were busy exploring a broad range of problems and theories. Klein used invariant (...) theory and other algebraic methods to study the properties of line complexes, whereas Lie set his eyes on those aspects related to analysis and differential equations. Much later, historians and mathematicians came to treat the collaboration between Klein and Lie as a famous early chapter in the history of transformation groups, a development often identified with Klein’s “Erlangen Program” from 1872. The present detailed account of their joint work and mutual interests provides a very different picture of their early research, which had relatively little to do with group theory. This essay shows how the geometrical interests of Klein and Lie reflected contemporary trends by focusing on the central importance of quartic surfaces in line geometry. (shrink)

The dispute between fideists and rationalists seems intractable since those who argue for faith alone claim that they are offended by the use of reason in religion. The advocates of reason claim that they are equally offended by the appeal to faith. This dispute may be resolved by showing that those who rely on faith may be seen as engaging in an experiment of living, so they can become part of a rational experiment without having to alter their practice; in (...) contrast, those who use reason to justify religion can be seen as addressing a spiritual need. From an evangelical point of view, it would be wrong to disparage the mathematician’s use of the mathematical proof of God’s existence. Wittgensteinian objections to natural theology can be met by showing that the use of reason in religion is distinct from the general kind of philosophical speculation to which Wittgenstein rightly objected. Those who claim that one must already have faith in order to seek understanding successfully can be answered by showing that their claim can be tested empirically only when there is a robust practice of natural theology among those who do and do not have a prior faith. There is reason for thinking religion should be subjected to a more rigorous scrutiny than used in secular matters. (shrink)

Van Fraassen argues that explanatory power cannot be a conformational virtue. In this paper I will show that informational features of scientific theories can be positively relevant to their levels of conformation. Thus, in the cases where the explanatory power of a theory is tied to an informational feature of the theory, it can still be the case that the explanatory power of the theory is positively relevant to its level of confirmation.

This 1993 book discusses the rise of the marginalist conception of the firm in the context of economic thought over the past two centuries, and explains why economists continue to defend a theory with demonstrable shortcomings. Professor Schrader argues that the marginalist view of the firm retains its support not through any comparative advantage in empirical or predictive power, but by virtue of its being a part of the predominant marginalist economic programme. The clear problems that beset the marginalist approach (...) to the firm signal a general dilemma for economic theory as a whole. (shrink)

David E Cooper; Delusions of Modesty: a reply to my critics, Journal of Philosophy of Education, Volume 15, Issue 1, 30 May 2006, Pages 125–135, https://doi.org.

David E Cooper; Equality and Envy, Journal of Philosophy of Education, Volume 16, Issue 1, 30 May 2006, Pages 35–47, https://doi.org/10.1111/j.1467-9752.1982.tb.

Beyond Einstein: Perspectives on Geometry, Gravitation, and Cosmology explores the rich interplay between mathematical and physical ideas by studying the interactions of major actors and the roles of important research communities over the course of the last century.

This chapter argues that ethics plays an extremely important role in decision making and lawmaking in bioethics issues. These decisions are not simple case-by-case judgments; rather, they rest upon deeply considered ethical opinions. It also discusses the implications of this epistemic grounding for bioethics and its use of case law materials as an ethical resource. Finally, since many people base their moral judgments on religious beliefs, the religious implications of this legal-moral relationship are considered.

Although scientific and commercial excitement about genomic biobanks has subsided since the biotech bust in 2000, they continue to fascinate life scientists, bioethicists, and politicians alike. Indeed, these assemblages of personal health information, human DNA, and heterogeneous capital have become and remain important events in the ethics and politics of the life sciences. For starters, they continue to reveal and produce the central scientific, technological, and economic paradigms so ascendant in biology today: genome, infotech, and market. Biobanks also illustrate what (...) might be called the new distributive politics of biomedical research. Within those politics, the commodification of persons – or at the very least, of their informational representations – has challenged the ontological, ethical, and political underpinnings of the social contract between researchers and their human research subjects. In brief, biobanks are unsettling relations between genes, tissue, medical records, and persons. But it is also clear that these relations are increasingly being restructured by new rights of control, access, exclusion, and use known as “property,” both material and intellectual. (shrink)

As discussion intensifies, and critics exploit what they see as a serious press abuse of anonymous sources, this article explores current practices and policies, as well as examines justification for and danger of anonymous source usage. Seven guidelines are listed and discussed which may help editors and reporters decide whether to use the anonymous source: editor authorization, just cause, last resort, fullest possible identification, proportionality, just intentions, and second source verification.