Most proposals for new international agreements aim to address important global challenges. If the goal is to solve problems, then the value of these agreements depends on their ability to influence the world — to shape norms, constrain behavior, facilitate cooperation, and mobilize action. A recent review of empirical studies has suggested that many international agreements fail to achieve their aspirations. The review indicates that the form in which states make commitments to each other — through an international legal agreement (...) or through other means — may not be as important as commonly thought. It is the content of the commitments and how these are supported by mechanisms to encourage implementation that matter the most. When developing proposals for new international agreements, like the one that has recently been proposed to address antibiotic resistance, attention to implementation mechanisms should therefore be equal to if not greater than the attention paid to its form. (shrink)

*Tackles the Thomistic debate surrounding the inherent good and evil of human actions*.

Antimicrobial resistance is one of the greatest public health crises of our time. The natural biological process that causes microbes to become resistant to antimicrobial drugs presents a complex social challenge requiring more effective and sustainable management of the global antimicrobial commons—the common pool of effective antimicrobials. This special issue of Health Care Analysis explores the potential of two legal approaches—one long-term and one short-term—for managing the antimicrobial commons. The first article explores the lessons for antimicrobial resistance that can be (...) learned from recent climate change agreements, and the second article explores how existing international laws can be adapted to better support global action in the short-term. (shrink)

Of the many Schoolmen who read the pseudo-Aristotelian Secretum secretorum in the thirteenth century, none was more enthusiastic about this book than Roger Bacon. So highly did Bacon regard the Secretum that he prepared a redaction of the text, annotated it, and wrote an accompanying introductory treatise. Historians have long recognized the importance of Bacon's confrontation with the Secretum, but they have also misunderstood it. They have wrongly divided up Bacon's Secretum project between two widely separated dates. They have left (...) unasked the capital question of why Bacon undertook this project. More generally, they have fundamentally misjudged the place of the Secretum in Bacon's intellectual biography. Consequently, there are several distortions and gaps in the picture of Bacon's career currently circulating that deserve our critical attention. (shrink)

Abstract“Psychological essentialism” refers to our tendency to view the natural world as emerging from the result of deep, hidden, and internal forces called “essences.” People tend to believe that genes underlie a person’s identity. People encounter information about genetics on a regular basis, as through media such as a New York Times piece “Infidelity Lurks in Your Genes” or a 23andMe commercial showing people acquiring new ethnic identities as the result of their genotyping. How do people make sense of new (...) scientific findings that are inherently complex if they don’t have years of specialized training and education at their disposal? Given the substantial overlap between a lay understanding of genetics and lay intuitions about essences, we argue that, when most people are thinking about genes, they are not really thinking about genes in the complex ways that good scientists are. Combating people’s essentialist biases can be a formidable challenge. Although we have identified some promising results of trying to reduce people’s genetic essentialist tendencies, there is still much to learn about how these essentialist biases can be countered. It is important to help people understand genetic information so they are able make well‐informed decisions about their lives. (shrink)

Christopher Tollefsen, relying on the new natural law theory, has suggested that in the Phoenix abortion case, the action might be characterized simply as removing the baby rather than killing the baby. Tollefsen and other proponents of the new natural law theory fail to give proper weight to the observable facts of the world around us, and thereby tend to ignore the importance of observable causes in shaping the character of our intentions and our actions. An appreciation of the role (...) of causes reveals that our intentions cannot so readily land on one description of an action and exclude other descriptions. For the Phoenix case, the description “harming the baby” cannot fall outside the doctors’ intention. National Catholic Bioethics Quarterly 14.2 : 273–293. (shrink)

This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope (...) of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law. (shrink)

In a study of the kin investment of aunts and uncles we show that the laterality effect expected as a result of paternity uncertainty is statistically reliable but somewhat smaller than the sex effect. Matrilateral aunts invest significantly more than patrilateral aunts, and the same is true for uncles. Regardless of laterality, however, aunts invest significantly more than uncles. Multivariate controls show that the matrilateral bias is fully independent of any age or distance confounds that might result from sex differences (...) in age at marriage or dispersal. We discuss our results in relation to recent findings on the kin investment of grandparents (Euler and Weitzel 1996). In addition, we propose a simple method for estimating the level of paternity uncertainty from kin investment data; application of this method to our data on aunts and uncles suggests that between 13% and 20% of children are not the offspring of their putative father. Our parallel analyses of Euler and Weitzel’s (1996) data on grandparental investment suggest a similar estimate, that paternity uncertainty lies between 9% and 17%. (shrink)

The purpose of this article is to examine the applicability of the theory of projection for Anthropological hypotheses. The claim is made that Goodman's classic statement of the problem does not apply in its entirety to actual Anthropological hypotheses. The recent Freeman-Mead debate is employed as a framework for the discussion, illustrating that the issue of projectibility, while central for the social sciences, is best used as a backdrop to illustrate several important methodological problems. For Anthropology, and other related social (...) sciences, the central methodological problem, which is directly related to the projectibility one, is the development and justification of evidence-rules that can be used for a theory of confirmation. A preliminary attempt is then made to articulate the nature of these rules within the general Hempelian framework of qualitative confirmation. (shrink)

At the end of the first part of the Philosophy of Right, Hegel outlines a retributivist theory of criminal punishment. According to this view, crime is an infringement of right, a negation which itself must be negated in order to establish the actuality of right. Crime is superseded through punishment, which inflicts on the criminal an injury that is equal in magnitude or “value” to the injury inflicted by the crime itself. Nothing in this account appears to foreclose the possibility (...) that an appropriate penalty for some crimes may be death. Indeed, some passages in the Philosophy of Right strongly imply an acceptance of the legitimacy of capital punishment for certain crimes, such as murder. (shrink)

This book develops an “idiomatic” foundational theory of the self and its moral obligations. It then employs this theory to answer a variety of questions about legal obligation, political authority, community, and international justice. It argues that we ought to obey a particular community’s laws and government commands, so long as our government restricts itself to protecting classical liberty and individual property rights under the rule of law. It further argues that people today should ideally live in confederated, legally sovereign (...) nation-states or nation-unions. Finally, it suggests that we have greater obligations to our compatriots than we do to foreign citizens, although we will often have pressing moral reasons to obey foreign laws while abroad, grant citizenship to outsiders who wish to join us, and help relieve foreign people’s misery. (shrink)

While cognitive style congruence has been highlighted as a potentially important variable influencing performance outcomes in work-related contexts, studies of its influence are scarce. This paper examines the influence of leader-follower cognitive style similarity on followers’ organizational citizenship behaviors (OCBs). Data from 430 leader-follower dyads were analyzed using polynomial regression and response surface analysis. Results demonstrate that congruence of leader/follower cognitive style is a predictor of follower OCBs. Organizations may therefore benefit from considering issues of similarity of cognitive styles in (...) their attempts to develop effective leader-follower partnerships leading to increased OCBs and concomitant improvements in both individual and organizational level success. (shrink)

According to Michael Barnwell, Aquinas’s explanation of the first cause of moral evil is inadequate. Against Barnwell’s criticisms, this article defends Aquinas, according to whom the first cause of moral evil is the failure to consider the moral rule. According to Barnwell, the ignorance found within Aquinas’s explanation must remove moral responsibility; Barnwell also points out that the failure to consider the moral rule does not explain the sinfulness of the action. Underlying Barnwell’s criticisms are certain presuppositions and oversights. First, (...) he fails to distinguish between explaining how a sinful choice is possible (Aquinas’s concern) and what makes the choice to be sinful (part of Barnwell’s concern). Second, he supposes that an awareness of one’s own ignorance must include detailed awareness of the content of that ignorance. Finally, he supposes that an initial causal defect can be voluntary only when there is full knowledge concerning it. (shrink)

As one of the most influential commentators on the role of modern philosophy, Richard Rorty's work impacted all areas of philosophical inquiry, including business ethics. Rorty's post-foundational approach to "moral imagination" can inform how we teach business ethics in a diverse and philosophically eclectic manner. A summary of Rorty's critique of philosophy, ethics, and applied ethics will be followed by a discussion of the implications for a critical pedagogy and the pragmatic use of an expansive philosophical lexicon in a business (...) ethics course. (shrink)

Cutting a cake, dividing up the property in an estate, determining the borders in an international dispute - such problems of fair division are ubiquitous. Fair Division treats all these problems and many more through a rigorous analysis of a variety of procedures for allocating goods, or deciding who wins on what issues, when there are disputes. Starting with an analysis of the well-known cake-cutting procedure, 'I cut, you choose', the authors show how it has been adapted in a number (...) of fields and then analyze fair-division procedures applicable to situations in which there are more than two parties, or there is more than one good to be divided. In particular they focus on procedures which provide 'envy-free' allocations, in which everybody thinks he or she has received the largest portion and hence does not envy anybody else. They also discuss the fairness of different auction and election procedures. (shrink)

It was a privilege to attend the symposium Defining Health Law for the Future, and join with so many of Georgia State University College of Law Professor Emerita Charity Scott’s colleagues and friends, supporters, former students, mentees, and presenters. It was a symposium that fittingly served as a tribute to Charity and the remarkable impact she had on the many communities she touched. To the Harrell/Scott family — thank you so much for helping us celebrate Charity and her work.

The concepts of omniscience and omnipotence are defined in 2 ? 2 ordinal games, and implications for the optimal play of these games, when one player is omniscient or omnipotent and the other player is aware of his omniscience or omnipotence, are derived. Intuitively, omniscience allows a player to predict the strategy choice of an opponent in advance of play, and omnipotence allows a player, after initial strategy choices are made, to continue to move after the other player is forced (...) to stop. Omniscience and its awareness by an opponent may hurt both players, but this problem can always be rectified if the other player is omniscient. This pathology can also be rectified if at least one of the two players is omnipotent, which can override the effects of omniscience. In some games, one player's omnipotence ? versus the other's ? helps him, whereas in other games the outcome induced does not depend on which player is omnipotent. Deducing whether a player is superior (omniscient or omnipotent) from the nature of his game playing alone raises several problems, however, suggesting the difficulty of devising tests for detecting superior ability in games. (shrink)

Cultural variability in self-enhancement is far more pronounced than the authors suggest; the sum of the evidence does not show that East Asians self-enhance in different domains from Westerners. Incorporating this cultural variation suggests a different way of understanding the adaptiveness of self-enhancement: It is adaptive in contexts where positive self-feelings and confidence are valued over relationship harmony, but is maladaptive in contexts where relationship harmony is prioritized.

Antimicrobial resistance is a global collective action problem with dire consequences for human health. This article considers how domestic and international legal mechanisms can be used to address antimicrobial resistance and overcome the governance and political economy challenges that accelerate it.

The sexual citizenship of disabled persons is an ethically contentious issue with important and broad-reaching ramifications. Awareness of the issue has risen considerably due to the increasingly public responses from charitable organisations which have recently sought to respond to the needs of disabled persons—yet this important debate still struggles for traction in academia. In response, this paper continues the debate raised in this journal between Appel and Di Nucci, concurring with Appel’s proposals that sexual pleasure is a fundamental human right (...) and that access to sexual citizenship for the severely disabled should be publicly funded. To that endeavour, this paper refutes Di Nucci’s criticism of Appel’s sex rights for the disabled and shows how Di Nucci’s alternative solution is iniquitous. To advance the debate, I argue that a welfare-funded ‘sex doula' programme would be uniquely positioned to respond to the sexual citizenship issues of disabled persons. (shrink)

Christopher Wellman and some allied scholars argue that a ‘samaritan theory’ can justify state coercion. They also suppose that states may provide robust, social egalitarian welfare provisions for a variety of reasons that would arise within samaritan states. However, the most promising reasons—samaritanism itself, natural socialism, relational equality, and anti-crime paternalism—cannot support robust provision without discarding the strong presumption favoring individual liberty which must motivate the samaritan theory. Consequently, a samaritan state cannot be a robust social welfare state.

This paper analyzes criteria of fair division of a set of indivisible items among people whose revealed preferences are limited to rankings of the items and for whom no side payments are allowed. The criteria include refinements of Pareto optimality and envy-freeness as well as dominance-freeness, evenness of shares, and two criteria based on equally-spaced surrogate utilities, referred to as maxsum and equimax. Maxsum maximizes a measure of aggregate utility or welfare, whereas equimax lexicographically maximizes persons' utilities from smallest to (...) largest. The paper analyzes conflicts among the criteria along with possibilities and pitfalls of achieving fair division in a variety of circumstances. (shrink)

New natural law advocates are somewhat notorious for their loose action theory, having a track record of counterintuitive claims. In response to criticisms, advocates have entrenched, further defending their questionable action theory. This paper first rehearses the basic criticism against the new natural law action theory. It then examines four recent attempts to revive this action theory and finds these attempts wanting. Within these attempts, certain patterns arise. Given a certain means A to a goal C, a search is made (...) to determine whether any middle means B is implied by A. The standards of this search vary wildly, however. By some standards, a middle means can be found; by others, every middle means can be easily swept aside. The same author will sometimes use both kinds of standards, depending upon the situation. One great weakness of the action theory, then, is a lack of consistency in applying a universal standard. (shrink)

Facing a near-death experience naturally pushes people to re-examine their basic moral values. During the recent global economic melt-down, calls to solve the concomitant ‘moral’ crisis come in from all fronts. The presumption is that we need business ethics courses to teach our business students to learn to take the moral high-road; we need ethics pledges and codes of ethics to teach business students to do the right thing. But in reality, what impact can a business ethics class have on (...) business people in the real world of tough choices and intense competition? It is my contention that if we look at the teaching of business ethics from the traditional Foundational Platonic perspective, we over-promise and under-deliver. By contrast, a Post- Foundational perspective gives us a pragmatic and viable picture of business ethics pedagogy that can make a real difference. (shrink)