Different legal expert systems may be incompatible with each other: A user in characterizing the same situation by answering the questions presented in a consultation can be led to contradictory inferences. Such systems can be “synthesized” to help users avoid such contradictions by alerting them that other relevant systems are available to be consulted as they are responding to questions. An example of potentially incompatible, related legal expert systems is presented here ‐ ones for the New Jersey murder statute and (...) the celebrated Quinlan case, along with one way of synthesizing them to avoid such incompatibility. (shrink)

Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language best accomplishes the (...) purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the logical structure of legal discourse, where desired by the drafter. The current set of signaled structural definitions that are included in the A-Hohfeld language are first set forth and their use is illustrated in an extensive example from the treaty establishing the European Economic Community. The use of definitions in legal writing is widespread, butaddressed almost exclusively to controlling the vagueness of substantive legal terms; they are seldom used for structural purposes. Furthermore, their use in American legislative drafting is unsignaled. Here, attention is devoted to the relatively-neglected domain in legal discourse of imprecisely expressed logical structure, and the remedy offered, where desired by the drafter, is a set of signaled structuraldefinitions for use in controlling such imprecision. (shrink)

Ecclesia and Ethics considers the subject of Ecclesial Ethics within its theological, theoretical and exegetical contexts. Part one presents the biblical-theological foundations of an ecclesial ethic – examining issues such as creation, and Paul's theology of the Cross. Part two moves on to examine issues of character formation and community. Finally, part three presents a range of exegetical applications, which examine scripture and ethics in praxis. These essays look at hot-button issues such as the 'virtual self' in the digital age, (...) economics, and attitudes to war. The collection includes luminaries such as N.T. Wright, Michael J. Gorman, Stanley Hauerwas and Dennis Hollinger, as well as giving space to new theological and exegetical voices. As such Ecclesia and Ethics provides a challenging and contemporary examination of modern ethical debates in the light of up-to-date theology and exegesis. (shrink)

Plato's 'Euthyphro' is important because it gives an excellent example of Socratic dialogue in operation and of the connection of that dialectic with Plato's earlier 'Theory of Forms'. This edition of the dialogue provides a translation with interspersed commentary.

Widely praised for its accessibility and its concentration on the metaphysical issues that are most central to the history of Greek philosophy, this book offers a valuable introduction to the works of the Presocratics, Plato, and Aristotle.

In this essay, I set the book of Job in dialogue with a number of films from the robot science fiction subgenre. It is my intention to show that both sets of literature are deeply engaged with questions related to how creators and created things can interact, and that they deal with these questions in ways that illuminate and complement each other. The study proceeds in three phases. First, I develop a typology of robot science fiction as I see it (...) in Hollywood cinematic presentation. Second, I turn to unpack God's response to Job's complaint in Job 38. In this section, I focus particularly on God's self-description through constructive and parental metaphors. Finally, I suggest how reading these texts together can sharpen our understanding of the way in which the biblical narrative addresses relational dynamics between a creating God and humans as created beings. (shrink)

De Vries' mutation theory has not stood the test of time. The supposed mutations of Oenothera were in reality complex recombination phenomena, ultimately explicable in Mendelian terms, while instances of large-scale mutations were found wanting in other species. By 1915 the mutation theory had begun to lose its grip on the biological community; by de Vries' death in 1935 it was almost completely abandoned. Yet, as we have seen, during the first decade of the present century it achieved an enormous (...) popularity. As this paper has tried to suggest, one of the principal reasons for this was that de Vries' theory served as a banner around which a whole crowd of disaffected Darwinians or anti-Darwinians could rally. However, not all of those who favored de Vries did so for quite the same reasons. Underlying the multitude of views ran several common threads: a dissatisfaction with current Darwinian theory born out of misunderstanding natural selection, a general misunderstanding of the nature of species, and a prejudice against speculative, nontestable theories in biology.Supporters of de Vries were not the only opponents of Darwinism, nor was the mutation theory the only alternative to natural selection. In the early twentieth century a number of theories had been proposed to explain away the problems which Darwin had left unsolved. There was the idea of orthogenesis, championed by the American paleontologists Cope, Osborn and others; organic selection (or orthoplasy) was championed by M. M. Baldwin and C. Lloyd Morgan; there were the concepts of convergent evolution proposed by Hermann Friedmann, the theory of physiological selection by John George Romanes, and the concepts of reproductive divergence by H. M. Vernon. Virtually none of these men either accepted or were strong supporters of the de Vriesian theory, for each had his own particular ‘ism” to advocate as the major factor in evolution. The existence of a large number of such theories, each purporting to be the explanation, was characteristic of evolutionary theory at the turn of the century. It is to a large extent the emphasis on such fragmentary concepts that retarded development of the comprehensive theory of evolution which emerged in the 1920's and 1930's. For the historian, however, a study of these alternative theories is instructive in trying to understand the inherent difficulties which Dawwinian theory posed to biologists at the time. De Vries' mutation theory serves historically as a mirror to reflect the critical mood of a generation hostile to the theory of natural selection.It has often been claimed that it was impossible to understand the mechanism of natural selection until it could be placed in genetic and mathematical terms. It is certainly true that great strides have been made in population genetics and the treatment of evolutionary concepts with mathematical tools in the last forty years. But the very people who developed the genetical and mathematical approach to evolution were already convinced of the essential correctness of Darwinian theory before they started. Advances in an understanding of Mendelian heredity aided greatly in solving one important issue for evolutionists: the origin of variations. And the rigor with which selection acted could best be studied by observing changes in gene frequencies (calculated mathematically) over a number of generations. But as this paper has shown, two of the basic problems which biologists faced in evaluating Darwinian theory at the turn of the century-the nature of species, and the criteria of what constituted an acceptable explanation in biological science-could not be answered directly by mathematics. What mathematical and genetical theory did do was to help convince the skeptics of the validity of the Darwinian proposition.The change in explanatory criteria which many hailed as de Vries' most important contribution to evolutionary theory seems to have been part of a general emergence of twentieth-century biology from the domination of theorizers in the nineteenth. It also marked the emergence of America from the domination of biological, and particularly evolutionary, influence of Europeans. The change occurred in three areas: in the kinds of questions asked: testable versus non-testable; in the kind of data sought: quantitative versus qualitative; and in the kinds of theories proposed: analytical and reductive—the attempt to see complex processes in terms of simpler components-as opposed to synthetic and speculative. Although ultimately wrong in his idea, de Vries and his theories rode high on the wave of “experimentalism” which was the harbinger of a new era in evolutionary theory. (shrink)

This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he to recover (...) his faculties and become competent once more. This ficuciary responsibility, originating in the device of the "use" or trust employed for the management of the estates of lunatics, contrasts with the self-interested feudal guardianship used for the custody of "natural fools" or "idiots", who were under paternalistic arrangements. The article argues that because the determination of legal incompetence and the consequent transfer of custody of the person and property of an incompetent person to the state would result in a drastic forfeiture of liberty and property interests were it not for the fiduciary obligation owed by the state to the incompetent, the state is under an obligation to exercise its fiduciary duties in good faith and may not impose states policies or advance state interests of its own in the supervision of the affairs of incompetent persons, apart from interests arising legitimately out of the state's institutional interest in providing competent administration for the benefit of the incompetents themselves. Keywords: concept of the person, Cruzan, feudalism, guardianship, incompetent person, parens patriae CiteULike Connotea Del.icio.us What's this? (shrink)

Many philosophical debates take for granted that there is such a thing as ‘the’ common-sense conception of the phenomenon of interest. Debates about the nature of perception tend to take for granted that there is a single, coherent common-sense conception of vision, consistent with Direct Realism. This conception is often accorded an epistemic default status. We draw on philosophical and psychological literature on naïve theories and belief fragmentation to motivate the hypothesis that untutored common sense encompasses conflicting Direct Realist and (...) Indirect Realist conceptions: there is no such thing as ‘the’ common-sense conception of vision that could enjoy epistemic default status. To examine this hypothesis, a survey administered an agreement rating task with verbal and pictorial stimuli to lay participants. We found many laypeople simultaneously hold conflicting Direct Realist and Indirect Realist beliefs about vision. Against common assumptions, Direct Realist beliefs are not clearly dominant, and consistent adherence to Direct Realism is not the norm, but the exception. These findings are consistent with recent accounts of belief fragmentation. They forcefully challenge common methodology in philosophical debates about the nature of perception and beyond. (shrink)

Background: Bioethics consultations are conducted in varied settings, including hospitals, universities, and other research institutions, but there is sparse information about bioethics consultations conducted in corporate settings such as pharmaceutical companies. The purpose of this article is to describe a bioethics consultation service at a pharmaceutical company, to report characteristics of consultations completed by the service over a 6-year period, and to share results of a consultation feedback survey. Methods: Data on the descriptive characteristics of bioethics consultations were collected from (...) 2008 to 2013 and analyzed in Excel 2007. Categorical data were analyzed via the pivot table function, and time-based variables were analyzed via formulas. The feedback survey was administered to consultation requesters from 2009 to 2012 and also analyzed in Excel 2007. Results: Over the 6-year period, 189 bioethics consultations were conducted. The number of consultations increased from five per year in 2008 to approximately one per week in 2013. During this time, the format of the consultation service was changed from a committee-only approach to a tiered approach (tailored to the needs of the case). The five most frequent topics were informed consent, early termination of a clinical trial, benefits and risks, human biological samples, and patient rights. The feedback survey results suggest the consultation service is well regarded overall and viewed as approachable, helpful, and responsive. Conclusions: Pharmaceutical bioethics consultation is a unique category of bioethics consultation that primarily focuses on pharmaceutical research and development but also touches on aspects of clinical ethics, business ethics, and organizational ethics. Results indicate there is a demand for a tiered bioethics consultation service within this pharmaceutical company and that advice was valued. This company's experience indicates that a bioethics consultation service raises awareness about bioethics, empowers employees to raise bioethical concerns, and helps them reason through challenging issues. (shrink)

A short time ago the idea of sustainable agriculture was accepted only at the extreme margins of the U. S. agricultural systems. Although sustainability has now become a major theme of many U. S. agricultural groups, there remains much under-explored terrain in the meaning of sustainable agriculture. A thorough examination of who and what we want to sustain and how we can sustain them is critical if sustainable agriculture is to be a practical improvement over conventional agriculture. In order to (...) begin this effort, this article analyzes contemporary sustainable agriculture discourse and suggests alternatives for reconceptualizing sustainable agriculture. In particular we look at three arenas of sustainable discourse-family farm/rural community preservation, food safety, and agricultural science-and address issues of class, race/ethnicity, and gender found in current sustainability positions. We find that while advocates of sustainability have succeeded in pushing agricultural researchers and policy makers to address environmental issues, we need to go much farther both in theory and practice in order to deal with equally important issues of social equity. © 1992 Kluwer Academic Publishers. (shrink)

The present study explored a multi‐construct model of moral development. Variables commonly seen in the moral development literature, such as family interactions, spiritual life, ascription to various sources of moral authority, empathy, shame, guilt and moral judgement competence, were investigated. Results from the current study support previous research that the three moral emotions of empathy, shame and guilt interrelate. Further, it was found that the relationship one has with a higher power (spirituality) involves empathy and guilt. Implications for moral education (...) are discussed. Future research should continue to explore a multi‐construct model of morality. (shrink)

In Beyond Humanity a leading philosopher offers a powerful and controversial exploration of urgent ethical issues concerning human enhancement.

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Mounting ambitions and capabilities for public and private, non-government sector crewed space exploration bring with them an increasingly diverse set of space travelers, raising new and nontrivial ethical, legal, and medical policy and practice concerns which are still relatively underexplored. In this piece, we lay out several pressing issues related to ethical considerations for selecting space travelers and conducting human subject research on them, especially in the context of non-governmental and commercial/private space operations.

This distinction has sometimes been read as purely epistemic, resting not on things, but on our knowledge of them: there is one world, not two, though it may be apprehended in two ways. But this view is patently at odds with the text. Knowledge and opinion are δυνάμεις, "faculties," to be distinguished and defined by their objects, no less than by the state of mind they produce, and Plato clearly states that the fallibility and unclearness of opinion is rooted in (...) the relative unreality of opinables. (shrink)