Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...) therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability in tort than deterring future crime justifies hanging the innocent. This is a powerful critique of the economic theory of tort, but it overshoots the mark. As an account of tort law, corrective justice puts the cart before the horse Tort is a law of wrongs, not just a law of redress for wrongs. Repairing harm wrongly done is the next best way of complying with an obligation not to do harm wrongly in the first place. Rights and remedies form a unity in which rights have priority. Corrective justice is thus an essential but subordinate aspect of tort. This paper develops this line of criticism of corrective-justice theory and offers an alternative account of tort that places primary norms of harm avoidance and respect for rights at its center. On this conception, tort isa law of wrongs, but its distinctiveness lies in the content and character of the wrongs with which it is concerned. At its core, tort is concerned with protecting essential conditions of individual agency. (shrink)

The tort law of negligence is one of our principal forms of protection against accidental physical injury. But it is underspecified in one respect and incomplete in another. The common law of negligence is underspecified in that its norm of reasonable care does not register clearly enough the fact that it is reasonable to take greater precautions against some kinds of physical injuries — severe and irreparable ones — than it is against other kinds — mild and fully repairable ones. (...) The common law of negligence is incomplete in that it relies on the award of money damages to induce prospective injurers to exercise reasonable care prospectively, yet does not so much as attempt to fully monetize the harm done by unreasonable risks that result in death. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Remembering Grayson Douglas Browning (1929–2023)Gregory Pappas, David Hildebrand, and William T. MyersBrowning, Grayson Douglas was born on March 7, 1929, in Seminole, Oklahoma.He received his PhD from the University Texas, Austin, 1958, where he returned later in 1972 to become its Philosophy Department chairman for four years.He was president of the Southwestern Philosophical Association in 1977, of the Florida Philosophical Association in 1967, and of the Southern (...) Society for Philosophy and Psychology in 1972.He was not only a member of the Society for Advancement of America Philosophy; he encouraged all of his students to attend and become members of this society. Among these former students are Bill Myers, David Hildebrand, and Gregory Pappas.He thought that this was one of the best societies, not only because of its pluralism and scholarship, but because it was a community. He was right!He was the author of several books of philosophy, including Act and Agent and Ontology and the Practical Arena, and he co-edited Philosophers of Process (with William T. Myers). He also has published poetry in Voices, A Journal of Poetry and the Beloit Poetry Journal.In the last years of his life, Doug Browning was a retired Professor of Philosophy, living outside Georgetown, Texas, where he labored at length over poems and novels, staying up throughout the night reading, writing, listening to jazz, and smoking cigars, and enjoying life in his countryside hacienda with his beautiful wife, Becky. During that time, he managed to write and publish sixteen books of fiction. [End Page 106]For us (his former students), one of the most important philosophical contributions of Doug Browning was his insistence that if there is a key lesson from American Philosophy, it is the importance of lived experience ("La Vida") as the "starting point" of philosophical investigation.As he wrote in one of his last published essays:[T]he point is that, wherever one thinks we should start, we can't start with the world. We can't start with the world and we can't test our theories by testing them against the world. Whatever we take to indicate or to provide evidence of a "real" world apart from experience must be found, can only be found, in experience. It must be found in the glass of Barrilito, the aroma of a good cigar, conversation among friends, hotel hallways, cats, thunderstorms, oak trees, and all of the brazen and all of the unpretentious things that we encounter and live among in our day-to-day lives.1Gregory PappasTexas A&M UniversityDavid HildebrandUniversity of Colorado DenverWilliam T. MyersBirmingham-Southern Collegenote1. Douglas Browning, "Dewey and Ortega on the Starting Point," Pragmatism in the Americas, edited by Gregory Fernando Pappas (Fordham UP, 2011), p. 155.Copyright © 2024 The Board of Trustees of the University of Illinois... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard Price, the Debate on Free Will, and Natural RightsGregory I. MolivasWhen Richard Price projected metaphysical assumptions onto his ethical theory, he elaborated a conception of man as a normatively self-regulating being. Endowed with rationality, man is a “law unto himself.” Price’s political writings postulated accordingly that man should be his own legislator. The first proposition appeared in his ethics in the context of man’s identification with his higher (...) faculties, and the second in the context of man considered as a member of civil society. Crucial to the transition from the first context to the second was Price’s notion of man’s inward constitution as permeating his conception of practical virtue, a view he expanded in his discussion on free will. This conception was built on a sharp contrast between reason and passion, which he described in terms of a relationship like that of sovereign to subject. The contrast is between those faculties which are destined to command, and those who ought to obey. This analogy facilitated comparison with normative relationships obtaining in civil society, where Price identified subservience to passion with obedience to an external-to-the-“self “ power, which in a political context manifested as the wishes of other people.These successive steps from ethical supposition to political claims, formed a body of assumptions underlying beliefs that were shared by many of his contemporaries. They did not constitute a unified system of principles, and it is vain to seek theoretical consistency in all those who seemed to have espoused ideas similar to those of Price. His assumptions do, however, help to explain why some of his contemporaries found his ideas familiar or self-evident, while to others they were incomprehensible. Nor is it a coincidence that Price’s most able critics happened to be psychological determinists (Richard Hey, John Lind, Edmund Burke), who attacked his conception of political liberty after undermining, or disputing, Price’s conception of man. [End Page 105]I. In the writings of all those who inveighed against the rights of man, the words “natural rights” and “metaphysics” are often found together. Thomas Paine was accused of having “crudely stolen” his “crazy metaphysics” from others, 1 and studies of Edmund Burke have continuously pointed to his dislike of the “professor of metaphysics.” Burke’s aversion to abstract speculation and metaphysics has often been interpreted as the natural reaction of an English politician confronting the generalities of continental writers. Frederick Dreyer, however, argues that when Burke wrote his Reflections, he had in mind Price’s philosophical arguments rather than the events of the French Revolution. 2 According to him, the anonymous “metaphysician” whom Burke so often and so vehemently denounced was, in fact, Richard Price.In substantiating his position Dreyer quotes, among other things, a revealing passage from Burke: “There are people who have split and anatomized the doctrine of free government, as if it were an abstract question concerning metaphysical liberty and necessity, and not a matter of moral prudence and natural feeling.” 3 Although Dreyer does not pursue the full implications of the evidence he presents, this is a remarkable statement, because it indicates what Price had undertaken in his political writings. In his philosophical works Price had defended the idea of metaphysical or philosophical liberty as a precondition of moral agency. In the first and most important theoretical section of his influential Observations on the Nature of Civil Liberty, 4 which set out to analyze the nature of liberty, Price summarized his earlier philosophical views. As William King noted in this section of his political pamphlet Price was “totally out in his philosophy.” 5Price defined liberty as the power of self-government and approached it through its four general divisions: physical liberty, moral, religious, and civil liberty. Commentators on Price have often acknowledged that his conception of liberty, as expounded in his political pamphlet, is indebted to his earlier philosophical work and notably his Review of the Principal Questions in Morals; 6 but they have not followed up with a clear exposition of how the divisions of liberty Price put forward in his Observations are related. [End Page 106]Although J. C. D. Clark claims that... (shrink)

Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

Adam Slavny's Wrongs, Harms, and Compensation: Paying for Our Mistakes (OUP, 2023) is predicated on a break with a foundational assumption of most contemporary tort theory. It renounces all aspirat...

Over the past several years a cascade of corporate scandals have erupted. Savings and provisions for retirement have shrunk drastically. Jobs have been lost. One of the world's largest and best-known accounting firms is gone. Ordinary people have been hurt and they have lost confidence in business leaders. The on-going public debate over business ethics and corporate reform points to one common conclusion: Things cannot be corrected by simply adding more laws and new rules. The solution will come from high (...) moral leadership. The Heart of A Business Ethic is based on the Hansen-Wessner Lectureship Series established by the ServiceMaster Foundation to consider the source of moral authority and ethical behavior in business. The eight lectures in this series were presented at major universities in the U.S. and Britain, and brought together some of the most distinguished business experts of our time. What they have to say is important for business teachers and students, and business leaders at every level. The scandals at Enron, Tyco and others have generated many books on business ethics, but none offer the expertise or breadth of thinking that this volume does. The Heart of A Business Ethic is useful to professors, students, and practitioners who not only want to understand what has happened, but who also want to think through the basis for a new standard of morality in business. (shrink)

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

Professor Brenda Baker's recent critique of the Canadian Law Reform Commission's treatment of general standards for criminal liability adds to a growing body of critical theory concerning such standards and their relation to criminal justice. From within the perspective of this same critical movement, I assess the strengths and weaknesses of Professor Baker's efforts and of similar lines of argument in the work of Professor George Fletcher. I find two significant flaws in their shared approach. The first (...) is confusion as to the proper level for analysis of liability standards and, hence, for criticism of the "orthodox" view. This leads Professors Baker and Fletcher to concentrate on issues of culpability rather than responsibility (and to conflate these issues). The second flaw is an error in comprehension of the faults of the orthodox view and, hence, in recognition of the fundamental character of views opposed to that orthodoxy. This leads both theorists to overemphasize a suspect and unilluminating distinction between normative and descriptive approaches to liability problems. The rest of the article is devoted to an overview of my own approach to problems of liability and a general critique of the orthodox view in light of that approach. I argue that the fundamental issue is the relation of liability standards to a conception of agent responsibility. The primary fault of orthodoxy lies, then, in the cognitivist model of responsibility on which it relies. Against this, I propose use of a capacities model of responsibility as the basis for standards of liability. These two models are outlined and compared in final sections. (shrink)

Flesh of My Flesh is a collection of articles by today's most respected scientists, philosophers, bioethicists, theologians, and law professors about whether we should allow human cloning. It includes historical pieces to provide background for the current debate. Religious, philosophical, and legal points of view are all represented.

The single most important source for Second Temple Jewish exegetical traditions is the three commentaries series written by Philo of Alexandria. Wanting to understand Second Temple Judaism more fully, a group of scholars founded the Philo Institute in 1971 to explore those traditions. The following year they began publication of The Studia Philonica as a venue for their research; however, the significance of Philo's work soon captured the interest of a broader group of scholars and quickly opened the journal's pages (...) up to all aspects of Philonic studies. Six issues were released from 1972-1980 containing twenty-five articles, annual bibliographies, and abstracts of notable publications. The list of contributors is a who's who in Philonic studies in the 1970s and 1980s. After a lapse of almost a decade, the journal was revived as the Studia Philonica Annual, which is devoted to furthering the study of Hellenistic Judaism, in particular the writings and thought of the Hellenistic-Jewish writer Philo of Alexandria (ca. 15 b.c.e. to ca. 50 c.e.). Each year the Annual publishes the most current Philonic scholarship along with an extensive bibliography that is maintained by David Runia. (shrink)

We explore two dimensions of situational factors expected to influence decision-making about ethical issues among sales representatives – universal vs. particular and direct vs. indirect. We argue that these distinctions are important theoretically, methodologically, and managerially. We test our hypotheses by means of a survey of 252 sales representatives. Our results confirm that considering universal and particular and direct and indirect situational factors contributes to our understanding of decision-making about ethical issues within a sales context, specifically willingness to engage in (...) an unethical act. We also find that personal factors act independently and interact with situational factors in decision-making about ethical issues. Both demographic factors, age and gender, and personality factors, Machiavellianism and self-monitoring, have main effects on decision-making, and some of these factors interact with situational factors to affect decision-making. For example, age of the decision-maker (younger) and size of commission (larger) interact such that the likelihood of choosing an unethical alternative is greater. (shrink)

It would be generally accepted that G. E. Moore’s celebrated “Refutation of Idealism,” set forth at the turn of the century, constitutes the classic statement of modern realism. The seeming strengths of this position have been elaborated more recently by a notable realist proponent, Don Locke, who, following Moore, takes for granted what is, in effect, the basic assumption of the “Refutation”—the assumption, namely, that each and every variant of the idealist standpoint is embraced under the central Berkeleian contention that (...) “esse is percipi.” It will be my object to argue that the plausibility of Locke’s realism stems from a basic confusion of terms, and that, in its implications, the position becomes vacuous when set in opposition to idealism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"The Fittest Man in the Kingdom":Thomas Reid and the Glasgow Chair of Moral PhilosophyPaul Wood (bio)Paul Wood Paul Wood is at the Department of History, University of Victoria, PO Box 3045, MS 7381, Victoria BC V8W 3P4 Canada. email: [email protected] August 1996Revised January 1997Notes. An earlier version of this paper was delivered at a plenary session of the 23rd International Hume Conference held at the University of Nottingham. For (...) comments and/or references, the author wishes to thank Roger Emerson, Carol Gibson-Wood, Knud Haakonssen, Ian Simpson Ross, Stephen Snobelen, M. A. Stewart, and the anonymous Hume Studies referees. For permission to cite and quote from manuscripts, he is grateful to the Keeper of the Manuscripts of Scotland as well as to the Librarians of Aberdeen University Library, Edinburgh University Library, Glasgow University Archives and Business Records Centre, Glasgow University Library (Department of Special Collections), the Mitchell Library Glasgow, and Dr. Williams' Library.1. Although little information survives regarding Law's teaching, we do know that he discussed Pufendorf in his classes; see Christine Mary King [Shepherd], "Philosophy and Science in the Arts Curriculum of the Scottish Universities in the Seventeenth Century," (Unpublished Ph.D. Dissertation, University of Edinburgh, 1974), 177. Carmichael's edition of Pufendorf first appeared in Glasgow in 1718, and a second edition was published in Edinburgh in 1724 while Hume was still a student there.2. The surviving correspondence between the two men from this period is to be found in The Letters of David Hume, ed. J.Y.T. Greig, 2 vols. (Oxford: Clarendon Press, 1932), I 32-35; 36-40; 45-48 (hereafter abbreviated as HL).3. The first detailed discussion of the 1745 election appeared in the introduction to David Hume, A Letter from a Gentleman to His Friend in Edinburgh, edited by Ernest C. Mossner and John V. Price (Edinburgh: Edinburgh University Press, 1967). This account has recently been challenged in Roger L. Emerson, "The 'Affair' at Edinburgh and the 'Project' at Glasgow: The Politics of Hume's Attempts to become a Professor," in Hume and Hume's Connexions, edited by M. A. Stewart and John P. Wright (Edinburgh: Edinburgh University Press, 1994), 1-22; and M. A. Stewart, The Kirk and the Infidel (Lancaster: Lancaster University Publications Office, 1995). For historically sensitive contextual analysis of Hume's philosophical relations with Hutcheson, see inter alia James Moore, "Hume and Hutcheson," in Stewart and Wright, 23-57, and M. A. Stewart, Warmth in the Cause of Virtue (Edinburgh: Edinburgh University Press, forthcoming).4. In January 1752, "Mr. Smith read an Account of some of Mr. David Hume's Essays on Commerce" to the Society, and Hume was elected a member in 1753; see Notices and Documents Illustrative of the Literary History of Glasgow, During the Greater Part of Last Century, edited by W. J. Duncan (Glasgow: T. D. Morison, 1886), 132-133. Hume's failed candidacy is discussed in Emerson, "The 'Affair' at Edinburgh," 14-16, and Ian Simpson Ross, The Life of Adam Smith (Oxford: Clarendon Press, 1995), 112-113. Smith's Glasgow colleague from 1751 to 1755, William Cullen, was also sympathetic to Hume's philosophy, as was John Millar, who was elected Professor of Law in 1761. On Cullen and Hume see J.R.R. Christie, "Ether and the Science of Chemistry: 1740-1790," in Conceptions of Ether: Studies in the History of Ether Theories 1740-1900, edited by G. N. Cantor and M.J.S. Hodge (Cambridge: Cambridge University Press, 1981), 90-96.5. David Hume to William Strahan, 26 October 1775, HL II 301.6. See, for example, The Works of Thomas Reid, D.D., edited by Sir William Hamilton, 4th ed. (Edinburgh: Maclachlan and Stewart, 1854), 30n; James McCosh, The Scottish Philosophy, Biographical, Expository, Critical, from Hutcheson to Hamilton (London: Macmillan, 1875), 36; James Veitch, "Philosophy in the Scottish Universities," Mind 2 (1877): 207-234 (209).7. John Rae, Life of Adam Smith (London and New York: Macmillan, 1895); William Robert Scott, Francis Hutcheson: His Life, Teaching and Position in the History of Philosophy (Cambridge: Cambridge University Press, 1900); idem., Adam Smith as Student and Professor (Glasgow: Jackson... (shrink)

This edited book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social, and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets, and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to (...) the significance of intellectual property in contemporary processes of globalization and political economy.The editor's introductory essay, What is a 'Law and Society' Perspective on Intellectual Property?, identifies and analyzes the major approaches to interdisciplinary law and society scholarship on intellectual property and identifies each author's contribution to this emerging perspective on what is an increasingly important area of law worldwide. (shrink)

Since 1995, students, researchers, and professionals have turned to The Craft of Research for clear and helpful guidance on how to conduct research and report it effectively. Now, master teachers Wayne C. Booth, Gregory G. Colomb, and Joseph M. Williams have completely revised and updated their classic handbook. The new edition will continue to help thousands of students and writers plan, carry out, and report on research to produce effective term papers, dissertations, articles, or books -- in any field, (...) at any level. (shrink)

Michael Polanyi was one of the great figures of European intellectual life in the 20th century. A highly acclaimed physical chemist in the first period of his career who became a celebrated philosopher after World War II, Polanyi taught in Germany, England, and the United States and associated with many of the leading intellects of his time. His biography has remained unwritten partly because his many and scattered interests in a wide variety of fields, including six subfields of physical chemistry, (...) epistemology, economics, patent law, social and political theory, aesthetics, and theology. This long-awaited volume will be the definitive resource on Polanyi and his work. (shrink)

This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)

The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.

The selected papers of William Phelps Allis are gathered here in celebration of his elevation from Professor to Professor Emeritus of Physics at the Massachusetts Institute of Technology. This gathering was arranged as a surprise tribute to Professor Allis and was prepared under conditions of conspiring silence. The presentation was held at M.I.T. on May 10, 1967. The papers selected here are a worthy extension of the man himself, in their directness and essential simplicity. And in (...) their abiding value. In the words of his editor, student, and colleague Sanborn C. Brown, "he has succeeded in leading a whole generation of Physicists with such a timeless approach that this volume should be considered not as a look backward but as a compilation of fundamental insights upon which to build future progress.". (shrink)

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

Radical ethical relativism as presented in Ruth Benedict's Patterns of Culture not only denies absolute values, its thesis of the incommensurability of cultural configurations precludes possibility of any agreement on values by individuals of different cultures. This fact provides the proper perspective from which to judge the current controversy between radical and “modified” ethical relativists. A double error is committed, therefore, by those who contend that there has been no reduction of the “area of indeterminacy” existing between the ethical principles (...) of different cultures since, despite the newer developments in the social sciences, there are still no absolutely valid ethical values. Not only is the term “validity” vague and in need of reinterpretation, but, in assuming the denial of absolute values to be the distinguishing characteristic of radical relativism, they actually identify this theory with modified relativism. This brief paper attempts to prove the untenability of the denial of cross cultural agreement on ends and means by treating the question first, from the point of view of C. L. Stevenson's Dewey-inspired notion of the derivation of ends from means, and, second, from that of Stevenson's more original idea, complex ethical agreement. (shrink)

Persons who commit crimes involving sexual abuse of children exploit their victims in several ways. Sex offenders use their power and authority over vulnerable children to whom they have easy access. Teachers, coaches, clergy, family members and childcare workers have been exposed as sex offenders. The Pennsylvania State University football coach, Jerry Sandusky, is now in prison for his many crimes. The widespread cover up of sexual abuse by Catholic priests in the USA and other countries is a horrendous scandal. (...) It is not surprising that law enforcement, mental health professionals, victims and their families are outraged. It is no surprise that radical interventions such as chemical or surgical castration are a response to the public pressure to protect children from molestation.I agree with Professor John McMillan's thoughtful discussion and nuanced analysis of surgical castration.1i He concludes that surgical castration of sex offenders is ethically permissible if these conditions are met: Castration should be requested by the sex offender. Informed consent from a competent sex offender is required. Consent to castration must not be coerced via threats or inducements.He also says that “castration might be useful for the reconfiguring of a life that has gone badly awry.”To supplement his discussion I will describe a state law in Texas2 that permits voluntary surgical castration for repeat child molesters while they are incarcerated as …. (shrink)

Can the Âtman in its infinity and transcendence be made the basis for civil rights? Can we deduce the idea of civil rights and their number from the conception of the Âtman? Can historicity be preserved in the bosom of the Âtman? It has been said that only ideas like that of the dictatorship are possible on the basis of the Âtman as conceived by Indian thinkers. Individual freedom and initiative necessary for new scientific discoveries and inventions are taught by (...) Christ and other Israel-born religions, and the discovery of the atom bomb is due to such ideas. Long ago the late Prof. C.A. Moore of Hawaii urged me several times to handle such criticisms of Indian philosophy and religion. I tried to answer them in some early papers. The most important considerations are: As Kant said, from the highest metaphysical reality it is not logically possible to deduce anything particular or even lower; for instance, we cannot even deduce from “All men are mortal” whether Socrates is or is not mortal, unless we add “Socrates is a man,” which is an empirical statement. And If the Âtman is one and all-comprehensive, no democracy is said to be possible because individual men cannot be real then; but it is overlooked that then nothing is possible, not even trees and stones. Again, if there is only one personal God and if his will is supreme, will he not be a tyrant or a Louis XIV of the heavens, thundering his unquestionable commands? Where do democracy and freedom of the individual go then? On the other hand, if every one is the Supreme Âtman in essence, then everyone is free with all the initiative one can have by birth. Civil rights will then have a metaphysical foundation because every finite individual is inherently one with the Supreme Person and has the same rights and freedom as any king or emperor. But these arguments and counter-arguments cannot impress every one because to deduce anything from the highest Being leads only to antinomies and will be counter-productive in our search for truth. In metaphysics or ontology we can go only from the lower to the higher in logic or discursive thinking, but not vice versa. (shrink)

The Akaike Information Criterion can be a valuable tool of scientific inference. This statistic, or any other statistical method for that matter, cannot, however, be the whole of scientific methodology. In this paper some of the limitations of Akaikean statistical methods are discussed. It is argued that the full import of empirical evidence is realized only by adopting a richer ideal of empirical success than predictive accuracy, and that the ability of a theory to turn phenomena into accurate, agreeing measurements (...) of causally relevant parameters contributes to the evidential support of the theory. This is illustrated by Newton's argument from orbital phenomena to the inverse-square law of gravitation. (shrink)

Despite there being deep lines of convergence between the philosophies of Alfred North Whitehead, C. S. Peirce, William James, John Dewey, and other classical American philosophers, it remains an open question whether Whitehead is a pragmatist, and conversation between pragmatists and Whitehead scholars have been limited. Indeed, it is difficult to find an anthology of classical American philosophy that includes Whitehead’s writings. These camps began separately, and so they remain. This volume questions the wisdom of that separation, exploring their (...) connections, both historical and in application. The essays in this volume embody original and creative work by leading scholars that not only furthers the understanding of American philosophy, but seeks to advance it by working at the intersection of experience and reality to incite novel and creative thought. This exploration is long overdue. Specific questions that are addressed are: Is Whitehead a pragmatist? What contrasts and affinities exist between American pragmatism and Whitehead’s thought? What new questions, strategies, and critiques emerge by juxtaposing their distinct perspectives? -/- . (shrink)

This book is a comprehensive and unique text and reference in medical ethics. By far the most inclusive set of primary documents and articles in the field ever published, it contains over 100 selections. Virtually all pieces appear in their entirety, and a significant number would be difficult to obtain elsewhere. The volume draws upon the literature of history, medicine, philosophical and religious ethics, economics, and sociology. A wide range of topics and issues are covered, such as law and medicine, (...) truth-telling by the physician, research, population policy, genetics, abortion, dying, and individual rights in medical care. The selections span the centuries, beginning with material from the works of Hippocrates, continuing through Thomas Percival, John Stuart Mill, and Claude Bernard, down to modern commentators like Henry K. Beecher, Walsh McDermott, David L. Bazelon, Paul Freund, H. L. A. Hart, John Rawls, Paul Ramsey, Richard McCormick, Rashi Fein, and Bernard Barber. The text has eight major divisions, beginning with sections on the ethical dimensions of the physician-patient relationship in history; the moral bases of medical ethics; and regulation, compulsion, and protection of the consumer in clinical medicine and public health. Each of these sections includes key essays that appear for the first time. All of the book's major divisions contain primary documents: codes such as the Hippocratic Oath, Medieval Law for the Regulation of Medicine, and the first as well as the most recent code of the American Medical Association; court decisions, including those on Karen Quinlan and on abortion in the United States and West Germany; government documents such as the statement of the National Commission on the Protection of Human Subjects, the Tuskegee Syphilis Report, the British Parliamentary debate on euthanasia, and the Council of Europe on rights of the sick and dying; and various published guidelines such as the Harvard Medical School brain death criteria, the American Hospital Association on patient's rights, and Pope Pius XII on the prolongation of life. Cases that illustrate moral dilemmas are provided for discussion purposes. Each section is preceded by a succinct editor's introduction. The documents and essays are of practical value for practitioners and students in medicine, law, ethics, and counselling, and for individual patients and groups concerned with medical care. Through encompassing divergent viewpoints, the essays and primary documents were selected to encourage humane practices and deepen understanding of the multiple traditions that shaped and do shape the development of medicine. (shrink)