Governments in New Zealand have legislated a large number of settlements extinguishing many hundreds of claims taken by Māori against the Crown for breaches of the country’s founding document, Te Tiriti o Waitangi. They portray settlements as a great success for Māori and the Crown. Māori disagree. Settlements are government-determined and imposed on Māori using a smoke and mirrors approach that masks successive governments’ true intentions: to claw back Māori legal rights; to extinguish all claims; and to maintain White control (...) over Māori. In short, to uphold the Doctrine of Discovery in further breach of Te Tiriti o Waitangi. Māori claimants and negotiators report being enticed into the process by false promises only to become traumatised and disenchanted. Yet many take a pragmatic stance and sign settlements, making the best they can out of a bad deal that goes nowhere near compensating for their actual loss. They know that despite what legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited. They also know that unless fundamental changes are made to the constitutional makeup of the country, there is no prospect of justice and reconciliation for Māori. (shrink)

ABSTRACT:Since the dawn of capitalism, corporations have been regarded by the law as separate legal “persons.” Corporate “personhood” has nonetheless remained controversial, and our understanding of corporate personhood often influences our thinking about the social responsibilities of corporations. This essay, written in honor of Prof. Thomas Donaldson, explores the tension in recent decisions by the U.S. Supreme Court and the Delaware Chancery Court about what corporations are, whose interests they serve, and who gets to make decisions about what they do. (...) These decisions suggest that the law does not unequivocally support Donaldson’s vision of corporations as “moral” persons. (shrink)

If particularism is right, the broad moral claims we make are usually riddled with exceptions. But such generalizations can still be a useful, even necessary part of moral life. They help us show what we should do, and they are essential for understanding why we should do it.

Fifteen original essays open up a novel area of inquiry: the distinctively ethical dimensions of women's experiences of and in aging. Contributors distinguished in the fields of feminist ethics and the ethics of aging explore assumptions, experiences, practices, and public policies that affect women's well-being and dignity in later life. The book brings to the study of women's aging a reflective dimension missing from the empirical work that has predominated to date. Ethical studies of aging have so far failed to (...) emphasize gender. And feminist ethics has neglected older women, even when emphasizing other dimensions of 'difference.' Finally work on aging in all fields has focused on the elderly, while this volume sees aging as an extended process of negotiating personal and social change. (shrink)

John Ziman-- the much-missed-- reminds us that 'no man is an island', and takes us to task for working from an individualistic theoretical base. That 'us' includes nearly all social scientists, and most Anglo-American philosophers too. For sure, it includes cognitive scientists, who theorize people in terms of concepts drawn from cybernetics and/or artificial intelligence. (I'll use the term 'computational concepts' broadly, to cover both types.) Indeed, it's a common complaint that cognitive science is overly individualistic.

For those open to the possibility that philosophical thought can improve life, David Hume's Essays: Moral, Political, and Literary have something to say. In the first comprehensive study of the Essays, Margaret Watkins engages closely with these neglected texts and shows how they provide important insights into Hume's perspective on the breadth and depth of human life, arguing that the Essays reveal his continued commitment to philosophy as a discipline that can promote both social and individual progress. Addressing topics (...) such as politics, war, slavery, the priesthood, the development of industry, aesthetics, emotional disorders, egoism, friendship, sexuality, gender relations, and the nature of philosophy itself, the volume examines Hume's purposes and aims against the backdrop of the eighteenth century society in which he lived. It will be of interest to scholars of modern thought in philosophy, politics, history, and economics. (shrink)

Teaching chemistry remains a profoundly challenging activity. This paper arises from reflection on the challenges of creating meaningful assessments. Herein a simple framework to assist in making more visible the different kinds of knowledge required for mastery of chemistry is described. Building from a realist foundation the purpose of this paper is to lay the intellectual scaffolding for the framework. By situating the framework theoretically, it is intended to highlight the value of engaging with philosophy for the project of knowledge (...) building in chemistry. Use of this framework has laid bare some significant limitations to the ways in which organic chemistry has been assessed. Making the visible to students aids in their engagement with knowledge and for a small minority has developed their understanding of science more generally. The framework provides a simple, easily usable tool for the evaluation of chemistry assessments. (shrink)

In a well-known series of articles, Norman Daniels has drawn a contrast between wide reflective equilibrium and a more traditional method of theory acceptance in ethics that would be employed by a sophisticated moral intuitionist. The more traditional method is geared towards achieving a narrow equilibrium, or ‘an ordered pair of a set of considered moral judgments acceptable to a given person P at a given time, and a set of moral principles that economically systematizes.’ Although we might achieve narrow (...) reflective equilibrium by deducing particular moral judgments from self-evident moral principles, the more plausible approach is to start from our particular moral judgments. Here we begin by screening our intial moral judgments to eliminate those in which we have little confidence and those made under circumstances conducive to error. We then search for general moral principles that best account for the remaining ‘considered’ moral judgments. (shrink)

This paper argues that the cognitive sciences need to incorporate aesthetic study of the arts into their methodologies in order to fully understand the nature of human cognitive processes, because the arts reflect insights into human experience that are unobtainable by the methodologies of the natural sciences. These insights differ from those acquired by scientific exploration because they arise not from the conceptual logic of reason but from the precategorial intuition of imagination. Aesthetics provides a methodology whereby we are able (...) to understand how art enables us to experience emotions caused by sense impressions. This methodology lies at the heart of Giambattista Vico’s Principi di scienza nuova (1725-44), which attempts to account for the way we live and participate in cultural, social, and civic communities. Vico’s theory challenges certain Western philosophical presuppositions that still inform much of cognitive science, such as the relation of language to our experience of the natural world, the nature of subjective and objective representations, and the role of the arts in the evolutionary development of the human mind. In basing my approach to literature on Vico’s, Susanne K. Langer’s (1953, 1967) and Merleau-Ponty’s (1962[1945], 1968) theories, I argue that the language of literature is distinguished from conventional language use by its imaginative use of aesthetic patterns that make manifest the inherent character of the external world as we experience it. By introducing the concepts of minding, metaphor, and icon as structures of the imagination, I show how the language of poetic expression in Matthew Arnold’s poem, “Dover Beach,” enables us to apprehend the ways in which we intuitively participate in the reality that underlies our conscious experience. Such participation occurs because sensory impressions of the world we experience cause modifications in the human mind that result in affective responses. Current research in the cognitive sciences increasingly indicates that such modification occurs; aesthetic study of the arts provides a means whereby we can know what it is like to experience such modifications. (shrink)

McCradden and colleagues' argues that machine learning in health care poses new challenges to appropriate evaluation for safe use in clinical care. It also claims that “the longstanding syst...

In lieu of an abstract, here is a brief excerpt of the content:Mary Margaret Mackenzie THE TEARS OF CHRYSES: RETALIATION IN THE ILIAD1 ATHEORY of punishment is a systematic justification of the practice of punishment. Before the emergence of true penology in classical Greece—in Plato's Laws for example—penal transactions are associated only with pre-philosophic rationalizations. But such rationalizations must, nevertheless, be regarded as the antecedents of a formalized theory of punishment. In order to understand the classical approach to punishment, (...) therefore, we should look to the early literature for evidence, descriptive or evaluative, of the penological antecedents. To begin at the beginning, this article will consider the Iliad. Yet this procedure begs questions. First of all, a critic might deny the propriety of the use of literary evidence in a study of a philosophical problem. The objection is twofold—both against the treatment of literature as philosophy and against the assumption of continuity in the transition from non-philosophical to explicitly philosophical sources. To this the answer lies partly in the nature of Greek culture. Until the sophistic age there existed no moral philosophy as such—and yet the Greeks were capable of considering and solving moral problems, such as the questions surrounding the practice of punishment. Thus while we should distinguish between this unphilosophical approach and the systematic analyses of the philosopher, the problems with which they deal remain the same. Second, Homer depicts a fictional society: it is a common contention that we therefore have no grounds for attributing consistency or historical reality to any of the institutions described in the poems. Thus the proposition is that, not content with inventing a story to tell, Homer imagined all the trappings of the fiction as well—the conventions and the sentiments bear no relation to conventions or values of his own or any other time. The same argument might be applied to other literary works which make no claim to historicity. But its plausibility depends upon an inflated notion of fiction in which nothing of the 4 Philosophy and Literature story approaches the familiar experiences of its hearers. It is, of course, more reasonable to suppose that fiction generally derives its impact from familiarity, and that Homer's popularity was founded in his appeal to the audience's imagination in the context of their own lives. Thus while the story itself is fiction, it is associated with fact in its detail—the commonplaces of social life and human reaction among which the heroes move. Our task is to look to the commonplaces, for here will be found the social practices and the assumptions which Homer's audience would take for granted. Finally, we may generally suppose that the context of a particular source is determined chiefly by its antecedents. If, however, we are to treat the Homeric poems as the earliest Greek literary sources available to us, there is a major difficulty in this establishment of context: the absence of antecedent. The discussion of Homeric society has been severely hampered by the lack of contemporary referents and by the consequent temptation to import our own values as yardsticks for the measuring of the idiosyncracies of Homeric thought. To a large extent this is a useful enterprise; it is possible, for instance, to point out the differences between Homeric military structure and our own, or between the kingship system and the political structures of later Greek societies. On the other hand, as soon as the discussion turns to values, the issue becomes complicated; to compare two values, in our own society and in the Homeric poems, tends to presuppose some common ground where there need be none, to assume that the way we might translate a word reflects significantly upon its original use. This third difficulty gives rise to an eristic dilemma, common in the history of ideas: how do we know that a transaction is a punishment unless we already know that it is a punishment? Or if we are uncertain whether punishment occurs (and if we have no common language to help in the identification), where should we look for it? Further, having established the area in which punishment should occur, what criteria are to be employed to determine whether in fact it does? The first... (shrink)

This article investigates the role of commonly specified control variables in moderating the relationship between corporate social performance (CSP) and corporate financial performance (CFP). In addition, there are separate measures for positive (strengths) social actions, and for negative (concerns) social actions. The results support the positive relationship between CSP and CFP. The best model, as determined using factorial analysis of variance, is one which has the following control variables: size, industry, risk, and research and development expenditures. In examining the CSP/CFP (...) relationship, researchers must control for these variables, in order to properly specify the model. (shrink)

Children are considered by many one of the most vulnerable of all media audiences. After a discussion of the uniqueness of child audiences and commercials' effects on them, this article addresses the values of advertisers who purposely and inadvertently reach children with their messages. Three ethical theories are presented for use in recognizing the special consideration necessary for child audiences. Finally, a model proposed by Robin and Reidenbach (1987) is presented as a means of introducing ethical values and theories into (...) corporate decision-making policies regarding children and advertising. (shrink)

We have a complicated, sometimes contradictory, perception of the use of political violence. This article discusses the possible legitimacy of a particular kind, referred to as “resistance violence,” or violence carried out by vulnerable targeted social groups. After providing distinctions regarding who, when, and why resistance violence happens, this article considers two examples that highlight different factors. By considering the work of various philosophers including Locke, Arendt, Fanon, and Fricker, this article proposes two theses: first, that epistemic contextualization requires that (...) the legitimacy of resistance violence always be evaluated with the understanding that vulnerable social groups often reside outside the parameters of legal/criminal/judicial protection. And, second, that resistance violence is a politically legitimate option and need not promise practical success to be worth pursuing due to the fact that resistance actors often see violence as establishing their dignity and humanity. (shrink)

Poetry is the most complex and intricate of human language used across all languages and cultures. Its relation to the worlds of human experience has perplexed writers and readers for centuries, as has the question of evaluation and judgment: what makes a poem "work" and endure. The Poem as Icon focuses on the art of poetry to explore its nature and function: not interpretation but experience; not what poetry means but what it does. Using both historic and contemporary approaches of (...) embodied cognition from various disciplines, Margaret Freeman argues that a poem's success lies in its ability to become an icon of the felt "being" of reality. Freeman explains how the features of semblance, metaphor, schema, and affect work to make a poem an icon, with detailed examples from various poets. By analyzing the ways poetry provides insights into the workings of human cognition, Freeman claims that taste, beauty, and pleasure in the arts are simply products of the aesthetic faculty, and not the aesthetic faculty itself. The aesthetic faculty, she argues, should be understood as the science of human perception, and therefore constitutive of the cognitive processes of attention, imagination, memory, discrimination, expertise, and judgment. (shrink)

It is only now, with the rise of digitalization and the near-obsolescence of traditional technology, that we are becoming fully aware of the distinctive character of analogue photography. This owl-of-Minerva-like appreciation of the analogue has prompted photographic art practices that mine the medium for its specificity. Indeed, one could argue that analogue photography has only recently become a medium in the fullest sense of the term, for it is only when artists refuse to switch over to digital photographic technologies that (...) the question of what constitutes analogue photography as a medium is self-consciously posed. While the benefits of digitalization—in terms of accessibility, dissemination, speed, and efficiency—are universally acknowledged, some people are also beginning to reflect on what is being lost in this great technological revolution. In this context, artists' use of analogue film and the revival of early photographic techniques should be regarded as timely interventions, although these may strike some as anachronistic. This essay does not attempt an ontological inquiry into the essential nature of the analogue; rather, it is an effort to articulate something about the meaning of analogue photography as an artistic medium for contemporary artists by paying close attention to its meaning and stakes for particular artists. Instead of presenting a general survey, I want to consider the work of just two artists, Zoe Leonard and Tacita Dean, both of whose work is concerned with what is being lost. As Leonard put it: “New technology is usually pitched to us as an improvement. … But progress is always an exchange. We gain something, we give something else up. I'm interested in looking at some of what we are losing.”1 Tellingly, both artists have produced exhibitions simply called Analogue. Leonard gave the title to a large project she did between 1998 and 2009 consisting of 412 silver gelatin and c-prints of local shop fronts in lower Manhattan and poor market stalls around the world.2 Dean used it for a 2006 retrospective exhibition of her films, photographs, and drawings. (shrink)

This is the first modern, annotated and scholarly edition of Jean-Baptiste Du Bos’ _Critical Reflections on Poetry and Painting_, one of the seminal works of modern aesthetics in any language.

Recent studies in music education have investigated the ways in which different groups construe music and music education, and the ways in which these constructions are culturally bound. A Cultural Psychology of Music Education explores the ways in which the discipline of cultural psychology can contribute to our understanding of how music learning and development occurs in a range of cultural settings, and the subsequent implications of such understanding for the theory and practice of music education. The book opens with (...) an overview of the theoretical underpinnings of a cultural psychology of music education. Ten eminent music education scholars and researchers provide chapters that illustrate the application of this approach to key issues in music education; its theory and practice. These chapters provide opportunities to look more deeply into the practices of music education in order to understand the role culture plays in shaping children's musical learning and thinking, the learning and teaching of music teachers, the formal and informal institutions and structures within and through which learning and teaching occur, and, the intersection of these processes and structures in the development of musical thought and practice. As the first major publication to explore a cultural psychology of music education, this volume signals new directions for the study of music educational theory and practice, and the continuing transformation of the discipline. It draws together a number of music education researchers working within a cultural psychology framework establishing a basic reference in this developing field. A fascinating subject, this volume will be of interest to music educators, students and researchers of music education, and music psychologists. (shrink)

While a national health care system may be greeted with enthusiasm on many grounds, it poses substantial moral problems – not the least of which would be the clash between the ‘standardization’ of care for the sake of efficiency and the needs of individual patients. Such problems are best seen in the treatment of dying patients. Keywords: best buy, cost-saving, dying, efficiency, practice guidelines, Rilke, standards of practice, two tier CiteULike Connotea Del.icio.us What's this?

Where assistance in suicide is readily available to those dying of AIDS, as in the west coast gay communities of the United States and in the Netherlands, we must examine the different roles of physicians and friends (including lovers, spouses, family members, religious advisors, members of support groups, and intimate others) in helping a person with AIDS decide about and carry out suicide. This paper makes a central assumption: that where assistance in suicide is available, it is the moral obligation (...) of others to protect and enhance as much as possible the rationality of that choice. Four components are identified in a rational choice about suicide in AIDS – whether it is a choice for or against suicide. Phrased as questions a person with AIDS might ask him- or herself, they are: (1) "Is suicide an option I want to consider?" (2) "Shall I hold out for the chance of a cure?" (3) "How shall I time my suicide?" (4) "What weight shall I give to the welfare and interests of others?" Although physicians often make assertions relevant to (1), they are appropriately involved only in (3); and although friends or intimate partners often provide the patient with anecdotal information relevant to (3), they should be involved primarily in (1). In short, both physicians and friends often intervene in the wrong parts of choices made by a person with AIDS about suicide. Keywords: AIDS, assisted suicide, euthanasia, rationality, role of friends and physicians, timing CiteULike Connotea Del.icio.us What's this? (shrink)

The prelims comprise: Seeing Infectious Disease as Central The Birth of Bioethics Amid the Decline of Infectious Disease The Shifting Concerns of Public Health Bioethics and Public Health: How the Twain Didn't Meet The Case of HIV Bridging the Gap: Seeing Bioethics in Terms of the Patient as Victim and Vector An Ordinary Example Summing Up: Autonomous Agency in the Context of Infectious Disease Notes.

Hume’s Political Discourses won immediate acclaim and positioned him as an authoritative figure on the subject of political economy. This volume of thirteen new essays definitively establishes the central place of political economy in Hume’s intellectual endeavor, as well as the profound and far-reaching influence of his theories on Enlightenment discourse and practice. A major strength of this collection is that the contributors come from a diverse set of fields – philosophy, economics, political science, history and literature. This promotes a (...) comprehensive reading of Hume’s political economy, taking into account his entire set of writings and correspondence, in a way that captures his polymathic genius. Hume’s analyses of trade and commerce not only delve into the institutions of money and markets, but also human agency, the role of reason and the passions, manners and social mores. Hume sought general principles but also concrete applications, whether he grappled with the problem of economic development, with the debates on luxury consumption, or with the mounting public debt. This book is a key resource for students and researchers in the areas of economic and political philosophy, history of economic and political theory, and the history of ideas. (shrink)

The classroom community of inquiry aims at helping children make better judgments. If we can show that emotions are judgments or appraisals, it follows that they are educable. Such education of the emotions optimally should take place within the environment of communal inquiry with its focus on respect for persons, dialogue, concept formation, critical, creative and caring thinking. Children need help learning to identify their emotions, detecting assumptions upon which they lie and justifying these emotions to themselves and to others. (...) Such work involves helping children to be sensitive to the salient aspects of individual situations, developing a consciousness of criteria and the ideals from which these criteria ensue, and fostering a disposition to be willing to self correct when we discover through inquiry that our emotions are based on unwarranted beliefs. (shrink)

David e cooper has argued that it makes no sense to credit a young child with beliefs or concepts of any sort, since the young child lacks a fairly sophisticated linguistic system. in my paper i attempt to show that such a position cannot consistently be maintained. in fact, most of the arguments put forward by cooper to defend his position implicitly assume that the child has a conceptual system of some kind.

The Erasmus + Play4Guidance project introduces an online business game, designed to help teach entrepreneurial, transversal and mathematical skills using a real-world business environment. This paper explains how the Business Model Canvas strategy tool facilitated student understanding of real life business development prior to playing the game. An initial mapping exercise was conducted to find out if the Business Model Canvas could transform the experience of playing the game by providing an overview of real life business strategy, and explain the (...) crucial role that markets and customers play in business growth. As a result of the mapping exercise a workshop session was developed to ensure that students could enact the real life business scenarios presented in the game. Three different types of videos were produced and integrated into the workshop to demonstrate key entrepreneurial competencies and graphically illustrate the nine key building blocks of the BMC. Survey responses from a student cohort evidenced that the workshop was central in helping them to understand real life business strategy prior to playing the game. (shrink)