I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

Unchangeable. Unwavering. Let God's Truth Anchor You. The world is a sea of clashing beliefs and thoughts. Your own feelings and circumstances change from one day to the next. Your heart longs for something to hold on to...something to steer you in the right direction and give you peace. Only God's truth can satisfy that longing. Bestselling author Randy Alcorn shares daily meditations, Scripture readings, and inspirational quotes to help you grasp the wisdom and love found in the eternal Word (...) of God. When you know the truth, you'll be better prepared to... recognize your place in God's plan detect the deceit you encounter in the world point others to Jesus, who is Truth personified God's truth is real, alive, and able to transform you into the person you long to be. This is your invitation to refresh your heart and find lasting security. (shrink)

ブッダとは誰か?仏教とは何か?3・11の震災後の言葉を探して仏教に問いかける―仏教と真剣に向き合う僧侶、研究者との対話を通して、仏教の「新しいいま」が見えてくる。.

The man behind the New York Times Magazine ’s immensely popular column “The Ethicist”–syndicated in newspapers across the United States and Canada as “Everyday Ethics”–casts an eye on today’s manners and mores with a provocative, thematic collection of advice on how to be good in the real world. Every week in his column on ethics, Randy Cohen takes on conundrums presented in letters from perplexed people who want to do the right thing (or hope to get away with doing the (...) wrong thing), and responds with a skillful blend of moral authority and humor. Cohen’s wisdom and witticisms have now been collected in The Good, the Bad & the Difference , a collection of his columns as wise and funny as a combination of “Dear Abby,” Plato, and Mel Brooks. The columns are supplemented with second thoughts on (and sometimes complete reversals of) his original replies, follow-up notes on how his advice affected the actions of various letter writers, reactions from readers both pro and con, and observations from such “guest ethicists” as David Eggers and the author’s mom. Each chapter also features an “Ethics Pop Quiz,” and readers will be invited to post their answers on the book’s Web site. The best of them will appear in a future paperback edition of the book. The Good, the Bad & the Difference is divided into seven sections: •Civic Life (what we do in public) •Family Life (what we do at home) •Social Life (what we do in other people’s homes) •Commercial Life (what we do in situations where money is a factor) •Medical Life (the rights and obligations of patients and caregivers) •Work Life (ethics for the professional sphere) •School Life (moral questions from and about kids) Each section provides a window into how we live today, shedding light on the ways in which a more ethical approach to the decisions we make, and to our daily behavior, can make a big difference in how we feel about ourselves tomorrow. (shrink)

The most important contemporary development in rhetoric for the theory of argumentation is Jeanne Fahnestock's program of figural logic, the ruling insight of which is that figures epitomize arguments. Working primarily with the antimetabolic formula at the heart of Gregor Mendel's paper “Experiments in Plant Hybridization,” I investigate the figural bases of the logic anchoring this foundational essay in genetics. In addition to antimetabole, the formula also depends crucially on ploche, polyptoton, onomatopoeia, antithesis, synecdoche, reification, and metaphor.

The purpose of this study was to determine if there is a relationship between the ethical climate of the organization and the development of person-organization fit. The relationship between an individual's stage of moral development and his/her perceived ethical work environment was examined using a sample of 86 working students. Results indicate that a match between individual preferences and present position proved most satisfying. Subjects expressing a match between their preferences for an ethical work climate and their present ethical work (...) climate indicated that they were less likely to leave their positions. (shrink)

COVID-19 pandemic has claimed thousands of lives around the world. Among the casualties are doctors, nurses, and other health care professionals. Those who defy the danger of death and continue to render their services have to deal with psychological and mental stress due to the lack of protective measures and equipment, the overwhelming number of patients, and the experience of discrimination. In fact, some left their job. In this paper, I will argue that the motivation of health care professionals and (...) the outcome of their sacrifices, as against assuring personal safety, can be explained by the principle of the common good. First, they are faithful to their oath as health care professionals since it is their commitment as part of an institution that assumes the responsibility of providing health care to people in need. Second, restoring the patients’ condition goes beyond health issues since the recovery of each COVID-19 patient diminishes the spread of the virus, which, if not for the care of HCPs, could worsen the situation with snowballing consequences to society as a whole. While it is expected for any health care professional as a frontliner in times of pandemic, their motivation to serve exemplifies the greater value for the common good. (shrink)

The increasing corporatization of education has served to expose the university as a business—and one with a highly stratified division of labor. In _Chalk Lines_ editor Randy Martin presents twelve essays that confront current challenges facing the academic workforce in U.S. colleges and universities and demonstrate how, like chalk lines, divisions between employees may be creatively redrawn. While tracing the socioeconomic conditions that have led to the present labor situation on campuses, the contributors consider such topics as the political implications (...) of managerialism and the conceptual status of academic labor. They examine the trend toward restructuring and downsizing, the particular plight of the adjunct professor, the growing emphasis on vocational training in the classroom, and union organizing among university faculty, staff, and graduate students. Placing such issues within the context of the history of labor movements as well as governmental initiatives to train a workforce capable of competing in the global economy, _Chalk Lines_ explores how universities have attempted to remake themselves in the image of the corporate sector. Originally published as an issue of _Social Text_, this expanded volume, which includes four new essays, offers a broad view of academic labor in the United States. With its important, timely contribution to debates concerning the future of higher education, _Chalk Lines_ will interest a wide array of academics, administrators, policymakers, and others invested in the state—and fate—of academia. _ Contributors._ Stanley Aronowitz, Jan Currie, Zelda F. Gamson, Emily Hacker, Stefano Harney, Randy Martin, Bart Meyers, David Montgomery, Frederick Moten, Christopher Newfield, Gary Rhoades, Sheila Slaughter, Jeremy Smith, Vincent Tirelli, William Vaughn, Lesley Vidovich, Ira Yankwitt. (shrink)

This book calls scholars to avoid the temptation to reduce philosophy into a normative discipline. The author argues that philosophy's main responsibility does not reside in changing the world, but in safeguarding sense and intelligibility against unfounded forms of skepticism.

Introduction -- What is initiative, grit & perseverance? -- Goal setting -- Controlling projects -- Self-starting & self-control -- Research & ideas -- Time management -- Starting & finishing successfully.

In their important work on locus equations, Sussman and his colleagues have helped to simplify the theoretical problem of how human listeners identify place of articulation contrasts among consonants, but much work remains before this problem is solved.

This paper surveys ontological modeling of rhetorical concepts, developed for use in argument mining and other applications of computational rhetoric, projecting their future directions. We include ontological models of argument schemes applying Rhetorical Structure Theory (RST); the RhetFig proposal for modeling; the related RetFig Ontology of Rhetorical Figures for Serbian (developed by two of the authors); and the Lassoing Rhetoric project (developed by another of the authors). The Lassoing Rhetoric venture is interesting for its multifaceted approach to linguistic devices, prominently (...) including rhetorical figures, but also RST relations and stylistic models, like the use of historic present. This application takes a natural language text input and uses syntactic parsing tools to produce a knowledge base of linguistic entities using references to an OWL ontological framework, locating these devices using Semantic Web Rule Language (SWRL) logic rules. The paper also reports on a similar approach in research into detecting ironic tweets in a Serbian twitter corpus. The rhetorical schemes used for argument mining are also presented, as well as some suggestions for novel argument schemes based on the ontological approach to rhetorical figuration. (shrink)

Litotes, often confused with meiosis and understatement, has long suffered neglect. By comparing synonymous key words in previous definitions, this essay defines litotes as “a trope in which an affirmative is expressed by the negation of its opposite,” and for the first time classifies litotes into three subtypes based upon Aristotle’s study of opposition: contradictory, contrary and relative. Focusing particularly on the strong contradictory type of litotes and its realization in The Analects of Confucius, with its nearly one hundred double (...) negation litotes, we find they prominently serve the logical functions of achieving high probability, providing a sophisticated major premise, and elaborating strict definitions. Further, the essay argues that this strong argumentative function in logic leads to litotes’ epistemic power, a promising dimension for future research. (shrink)

Drawing on the critical theories of Jean Baudrillard, Cinema of Simulation performs close readings of key films to examine cinematic visions of mutational reality.

A symphony of Gustav Mahler becomes a cathartic experience following the death of a beloved goat.

This study examines the influence of ethical fit on employee attitudes and intentions to turnover. The results of this investigation provides support for the conjecture that ethical work climate is an important variable in the study of person-organization fit. Ethical fit was found to be significantly related to turnover intentions, continuance commitment, and affective commitment, but not to job satisfaction. Results are discussed in regard to some of the affective and cognitive distinctions among satisfaction, commitment, and behavioral intentions.

The problem of pursuing and achieving justice in a free society involves three different areas of analysis. First, the types of acts that are to be proscribed must be specified. Part of this analysis is methodological, requiring us to settle on the way in which such questions are to be decided. Second, once an offense has been defined, the remedy for its commission must be determined in a manner that is consistent with the theory of justice that defined the criminal (...) act. Finally, the structure of the legal order that will efficiently enforce these principles and at the same time not violate them must be explored. (shrink)

A caged animal in the heart of the city, thousands of miles from its natural habitat, neurotically pacing in its confinement . . . Zoos offer a convenient way to indulge a cultural appetite for novelty and diversion, and to teach us, albeit superficially, about animals. Yet what, conversely, do they tell us about the people who create, maintain, and patronize them, and about animal captivity in general? Rather than foster an appreciation for the lives and attributes of animals, zoos, (...) in Randy Malamud's view, reinforce the idea that we are, by nature, an imperial species: that our power and ingenuity entitles us to violate the natural order by tearing animals from the fabric of their ecosystems and displaying them in an "order" of our own making. In so doing, he argues, zoos not only contribute to the rapid disintegration of our ecosystems, but also deaden our very sensibilities to constraint, spatial disruption, and physical pain. Invoking an array of literary depictions of animals, from Albee's Zoo Story and Virginia Woolf's diaries to the films of Harold Pinter and the poetry of Marianne Moore, Reading Zoos links culture, literature, and nature in an engaging and accessible introduction to environmental ethics, animal rights, cultural critique, and literary representation. (shrink)

Emotions change over time. A comprehensive understanding of emotions will require that their temporal nature be observed and analysed. By observing emotion over time, one can disentangle and simultaneously analyse temporal variability within individuals and between-individual variability using a two-step process approach. First, within-person temporal patterns (e.g., covariation, lead–lag relation, periodicity, etc.) are assessed for each subject. Second, between-person analyses are conducted on the within-person patterns. These two steps can be done simultaneously with hierarchical linear models (HLM) or in two (...) actual steps with the process approach. HLM is limited to the intra-individual analysis of linear patterns (e.g., slope, intercept), whereas the process approach can be used to examine non-linear aspects of intra-individual change, such as multivariate patterns, within-subject skew, or phase relations between oscillating processes. In this paper we provide a description of the process approach and present several examples of, as well as suggestions for, intra-individual analysis applied to emotion and individual differences. (shrink)

This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

Robert Frost read "The Gift Outright" to the Phi Beta Kappa Society at William & Mary College almost one hundred years after Emerson delivered his famous lecture "The American Scholar" before the Society's Harvard chapter. In his talk, Emerson proclaims, "Our day of dependence, our long apprenticeship to the learning of other lands, draws to a close" (Essays and Poems 53). It is no accident that Frost's poem brings to mind Emerson.1 The possession of the American imagination by other lands (...) and its "withholding from our land of living" declare the same distractions. The distance between ourselves and our own possibilities represents for Emerson the misdirection backwards toward Europe, and not forward to the land .. (shrink)

Research on the nature of science and science education enjoys a longhistory, with its origins in Ernst Mach's work in the late nineteenthcentury and John Dewey's at the beginning of the twentieth century.As early as 1909 the Central Association for Science and MathematicsTeachers published an article – ‘A Consideration of the Principles thatShould Determine the Courses in Biology in Secondary Schools’ – inSchool Science and Mathematics that reflected foundational concernsabout science and how school curricula should be informed by them. Sincethen (...) a large body of literature has developed related to the teaching andlearning about nature of science – see, for example, the Lederman and Meichtry reviews cited below. As well there has been intensephilosophical, historical and philosophical debate about the nature of scienceitself, culminating in the much-publicised ‘Science Wars’ of recent time. Thereferences listed here primarily focus on the empirical research related to thenature of science as an educational goal; along with a few influential philosophicalworks by such authors as Kuhn, Popper, Laudan, Lakatos, and others. Whilenot exhaustive, the list should prove useful to educators, and scholars in otherfields, interested in the nature of science and how its understanding can berealised as a goal of science instruction. The authors welcome correspondenceregarding omissions from the list, and on-going additions that can be made to it. (shrink)

The Muslim woman wearing the veil, the female anorexic and the from-male-to-female transsexual constitute three different figures that, despite their striking differences, have a common symbolic ground. By focusing on the similarity between the veiled woman and the other two figures, the article sheds a different light on the debate about the Muslim veil in western societies. It is argued that the western notion of woman is based on a structural ambivalence of transcendence and immanence. On the one hand, woman (...) is expected to be liberated, in control and active in public life and in all ways just as free as the man, on the other she represents a deficiency compared to the man; it is expected of her that she takes up a complementary, subordinate position in relation to the man. The subordinate position, however, is seldom pronounced. Officially, the gender hierarchy is not a part of egalitarian societies, that is, the modern configuration that formally rejects a hierarchical worldview. Is this the reason why the three figures are regarded as pathological? Does their way of demonstrating extraordinary transcendence combined with extraordinary immanence make them monstrous? (shrink)