Abstract As non-state actors, PMSCs are not embraced by traditional state-dominated doctrines of international law. However, international law has itself failed to keep pace with the evolution of states and state-based actors, to which strong Westphalian notions of sovereignty are no longer applicable. It is argued that these structural inadequacies stand in the way of international regulation of PMSCs, rather than defects in international human rights and humanitarian law per se. By analyzing understandings of legal responsibility, where such structural issues (...) come to the fore, it is argued that, rather than attempting to resolve the essentially ideological dispute about the inherent functions of a state, regulatory regimes should focus on the positive obligations of states and PMSCs, and the interactions between them. Applying the results of this analysis, current and proposed regulatory regimes are evaluated and their shortcomings revealed. (shrink)

The medical biography of Ludwig van Beethoven remains enigmatic. Some of his health problems, such as his early and eventually profound deafness, are well documented and extensively discussed, although not necessarily well explained . Other medical problems, and his ultimate cause of death, remain unclear. Perhaps unsurprisingly for such an important musical figure, there has been no dearth of speculation about the illnesses that may have befallen Beethoven. Medical historians and physicians have suggested a myriad of illnesses, including but hardly (...) limited to .. (shrink)

Mary Poppins is a magical film and a story of redemption that might be placed alongside the Parable of the Prodigal Son or A Christmas Carol. Mary may be the star of the film, but George Banks is its subject. If the world ever seemed wonderful and filled with surprises for George Banks as a child, it has since been supplanted by a world that is mechanical, predictable, and subject to the demands of business and of propriety. From Jack the (...) Giant Killer people learn that when pride has grown to gigantic proportions it ought to be killed; Cinderella teaches that the humble are exalted; Beauty and the Beast demonstrates the principle that loving the unlovable may result in the transformation from the beastly to the beautiful; and Mary Poppins reminds them that “There is no greater joy than that seen through the eyes of a child,” as Walt Disney observes in Saving Mr. Banks. (shrink)

Political corruption imposes substantial costs on shareholders in the U.S. Yet, we understand little about the basic factors that exacerbate or mitigate the value consequences of political corruption. Using federal corruption convictions data, we find that firm-level economic rents and monitoring mechanisms moderate the negative relation between corruption and firm value. The value consequences of political corruption are exacerbated for firms operating in low-rent product markets and mitigated for firms subject to external monitoring by state governments or monitoring induced by (...) disclosure transparency. Our results should inform managers and policymakers of the tradeoffs imposed on firms operating in politically corrupt districts. (shrink)

The coronavirus disease 2019 (COVID-19) pandemic has motivated medical ethicists and several task forces to revisit or issue new guidelines on allocating scarce medical resources. Such guidelines are relevant for the allocation of scarce therapeutics and vaccines and for allocation of ICU beds, ventilators, and other life-sustaining treatments or potentially scarce interventions. Principles underlying these guidelines, like saving the most lives, mitigating disparities, reciprocity to those who assume additional risk (eg, essential workers and clinical trial participants), and equal access may (...) compete with one another. We propose the use of a “categorized priority system” (also known as a “reserve system”) as an improvement over existing allocation methods, particularly because it may be able to achieve disparity mitigation better than other methods. (shrink)

In many research studies, tumor biopsies are an unavoidable requirement for achieving key scientific aims. Yet some commentators view mandatory research biopsies as coercive and suggest they should be optional, or at least optional until further data are obtained regarding their scientific usefulness. Further complicating the ethical picture is the fact that some research biopsies offer a potential for clinical benefit to trial participants. We interviewed and surveyed a convenience sample of participants in phase I clinical trials at a single (...) institution. Our primary aim was to describe phase I participants’ understanding of whether a research biopsy offered them the prospect of medical benefit. We also endeavored to describe participants’ views about biopsies—specifically, the benefits of biopsies, if any, and whether biopsies were acceptable, risky, or discouraged trial participation. Finally, we collected data on demographics and attitudes to see if any strong correlations with misunderstanding, acceptability, or riskiness existed. Overall, the respondents tended to view research biopsies as acceptable, though they did not succeed in identifying the lack of benefit of a research biopsy. These findings call for renewed efforts in consent conversations and documents to carefully describe the benefits, or lack thereof, of research biopsies. (shrink)

In "Behavioral Law and Economics: The Assault on Consent, Will, and Dignity," Mark D. White uses the moral philosophy of Immanuel Kant to examine the intersection of economics, psychology, and law known as "behavioral law and economics." Scholars in this relatively new field claim that, because of various cognitive biases and failures, people often make choices that are not in their own interests. The policy implications of this are that public and private organizations, such as the state and employers, (...) can and should design the presentation of options and default choices in order to "steer" people to the decision they would make, were they able to make choices in the absence of their cognitive biases and failures. Such policies are promoted under the name "libertarian paternalism," because choice is not blocked or co-opted, but simply "nudged." White argues that such manipulation of choice is impossible to conduct in people's true interests, and any other goal pursed by policymakers substitutes their own ends, however benevolent they may be, for people's true ends. Normatively, such manipulation should not be conducted because it fails to respect the dignity and autonomy of persons, what some hold to be the central idea in Kant's ethical system, and which serves to protect the individual from coercion, however subtle, from other persons or the state. (shrink)

This chapter focuses on the “America” part of Captain America's name and explores the more political aspects of his life and character. It looks at patriotism in general and how to characterize Captain America's brand of it; Cap's uneasy relationship with politics and the United States government; and how Cap puts principles above politics, even if it means defying his own government and giving up the shield and the title. The chapter explains that Cap's devotion to his country is based (...) on the principles and ideals upon which it was founded, and he regularly holds his government accountable to those same standards, which he interprets as inclusive and cosmopolitan, applying to the world outside America as well as everybody within it. It dispels any illusions that Captain America is a jingoist flag‐waver, and explains instead that he embodies an inclusive and cosmopolitan patriotism that balances idealism with clear‐eyed pragmatism. (shrink)

This chapter investigates into what makes Captain America a great role model by describing some of his basic virtues. By looking at how Captain America embodies virtues such as courage and humility, he serves as a role model not only in terms of the virtues themselves but also in how he puts them into practice. The chapter argues that Captain America's supposed “black‐and‐white” ethics weren't simplistic in the 1940s, they are just as applicable now as they were then. One (...) persistent wrong about which Cap expresses righteous indignation is prejudice towards minorities. Captain America's tremendous willingness to sacrifice can be traced to his oversized sense of responsibility. Perseverance is what philosophers call an executive virtue because it helps people follow through on their judgment made in light of their virtues and principles. The virtues described in this chapter are only the ones most commonly attributed to Captain America in the comics. (shrink)

The first look at the philosophy behind the _Captain America_ comics and movies, publishing in advance of the movie release of _Captain America: The Winter Solider_ in April 2014. In _The Virtues of Captain America_, philosopher and long-time comics fan Mark D. White argues that the core principles, compassion, and judgment exhibited by the 1940’s comic book character Captain America remain relevant to the modern world. Simply put, "Cap" embodies many of the classical virtues that have been important to (...) us since the days of the ancient Greeks: honesty, courage, loyalty, perseverance, and, perhaps most importantly, honor. Full of entertaining examples from more than 50 years of comic books, White offers some serious philosophical discussions of everyone’s favorite patriot in a light-hearted and accessible way. Presents serious arguments on the virtues of Captain America while being written in a light-hearted and often humorous tone Introduces basic concepts in moral and political philosophy to the general reader Utilizes examples from 50 years of comics featuring Captain America, the Avengers, and other Marvel superheroes Affirms the value of "old-fashioned" virtues for the modern world without indulging in nostalgia for times long passed Reveals the importance of the sound principles that America was founded upon Publishing in advance of _Captain America: The Winter Soldier _out in April 2014. (shrink)

As clinical ethics consultants move toward professionalization, the process of certifying individual consultants or accrediting programs will be discussed and debated. With certification, some entity must be established or ordained to oversee the standards and procedures. If the process evolves like other professions, it seems plausible that it will eventually include a written examination to evaluate the core knowledge competencies that individual practitioners should possess to meet peer practice standards. The American Society for Bioethics and Humanities has published core knowledge (...) competencies for many years that are accepted by experts as the prevailing standard. Probably any written examination will be based upon the ASBH core knowledge competencies. However, much remains to be done before any examination may be offered. In particular, it seems likely that a recognized examining board must create and validate examination questions and structure the examination so as to establish meaningful, defensible parameters after dealing with such challenging questions as: Should the certifying examination be multiple choice or short-answer essay? How should the test be graded? What should the pass rate be? How may the examination be best administered? To advance the field of health care ethics consultation, thought leaders should start to focus on the written examination possibilities, to date unaddressed carefully in the literature. Examination models—both objective and written—must be explored as a viable strategy about how the field of health care ethics consultations can grow toward professionalization. (shrink)

Focusing on David B. Riazanov career and his pioneering efforts in producing a complete edition of the works of Marx and Engels, the article explains why Riazanov’s variety of Marxism was unacceptable to the Soviet regime, and why from 1924 Lenin was credited with being an outstanding Marxist theoretician, whereas previously he had been regarded only as a skilled political activist. The concept of Leninism as a new stage of Marxism was put forward by Bukharin and elaborated on by Stalin (...) and Zinoviev. Georg Lukács attempted to show that Lenin’s thought had the internal coherence that Bukharin postulated. In support of Lenin’s theoretical credentials, his ‘Philosophical Notebooks’ began to be published from 1925. However, neither Riazanov nor his associate Abram M. Deborin subscribed to the official doctrine that Leninism was a new and higher stage of Marxism. For this stance they fell victim to Stalin’s repression. (shrink)

In this chapter, the author talks about some of the finer points concerning Captain America and his eligibility to serve as a moral exemplar. The chapter explores three issues. 1) Fictional characters are simply not real. 2) Fictional characters can be perfect and we can't. 3) Fictional characters can be depicted inconsistently over the years by different writers. Fictional characters can model virtuous character traits by demonstrating their consequences in an imaginary world that readers identify with. While real‐world people can't (...) be perfect, fictional characters can be: writers just have to write them that way! Depending on how they are written, fictional characters don't have to experience difficult choices or moral weakness, and they can stick to their principles come what may. Each writer and fan will have a personal conception of a character like Captain America that leads them to regard certain behaviors as mistakes, aberrations caused by writers. (shrink)

Seminal studies of Spain's greatest dramatist on his fourth centenary.

This chapter discusses Captain America's general virtues that describe the overall character of a person: specifically, honor and integrity. These virtues not only describe how well a person practices the more basic virtues, but also his or her general ethical decision‐making, which in Cap's case is based on principle and duty. The chapter explains these two concepts, because they help to flesh out what honor and integrity mean to Cap, and also shows why his legendary strength of character and resolve (...) are so important. Finally, the chapter talks about why Cap is sometimes forced to compromise his principles and also how this affects him. As Captain America sees it, honoring others is a show of respect and acknowledgment for those who have earned it, which he never fails to do. Cap never shies away from honoring others for their accomplishments and sacrifices in the name of heroism. (shrink)

As the Sorcerer Supreme, Doctor Stephen Strange is Earth's sole protector from mystical forces that threaten its very existence. This chapter explores several ways in which Strange fails to operate with the proper balance between extremes, what moral philosophers in the tradition of virtue ethics call the “golden mean”. As a medical doctor, Strange was living his life at the extremes. Strange's carefree and reckless lifestyle helped contribute to the automobile accident that crushed his hands, ending his medical career and (...) leading him to seek out the mystical healing powers of the Ancient One. After his accident, Strange gained humility and perspective, appreciating the value of life and dedicating his own to protecting humanity. Even though Doctor Strange is overly zealous in how he prioritizes his mission as Earth's mystical defender over his personal life, the choices he makes in pursuit of that mission are nuanced. (shrink)

Superman has incredible powers and, luckily for us, he chooses to use them for good. But good intentions are not enough to actually do good with his powers—he must know what to do with them as well. The need for judgment is what brings all superheroes down to Earth, and what ultimately makes them relatable to their fans despite their fantastic abilities. Moral philosophy (or ethics) is the area of philosophy dealing with what we should do, what kind of people (...) we should be, and what kind of lives we should live. Despite his superpowers, Superman still confronts ethical dilemmas and still needs to use judgment to solve them. For him, however, the stakes are usually much higher than those the average person deals with. The weight of Superman’s choices is often like that of world leaders’ choices, potentially affecting millions of lives and the future of nations. (shrink)