Jeremy Bentham, philosopher and reformer, is one of the most influential thinkers of the modern age. This introduction to his writings presents a representative selection of texts authoritatively restored by the Bentham Project, University College London. As well as more familiar pieces on utility, law, and politics/policy, highlights include the succinct essay “On Retrenchment” and a never-before-published treatise on sex. The volume is completed by major interpretative essays by Mark Canuel, David Lieberman, Jennifer Pitts, and Philip Schofield. The texts included (...) in the book are: -Sex -An Introduction to the Principles of Morals and Legislation, Preface and Chapters 1–5 -Place and Time -Rationale of Judicial Evidence, Specially Applied to English Practice, Book 1, Chapter 1 -Constitutional Code Rationale, Chapters 1 and 2 -Pannomial Fragments -Panopticon, or, the Inspection-House, Letters 1, 2, and 6 -Of Publicity -Manual of Political Economy, Chapters 1 and 2 -Nonsense Upon Stilts -On Retrenchment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 841 message may seem, however clearly at odds with the Weltgeist. What Professor Mitchell's position calls for-to the delight I am sure, of Fr. Copleston-is a universal, unified, sanctificatory, and legitimate teacher of the Christian message: a Church which is one, holy, Catholic, and Apostolic. NICHOLAS INGHAM, O.P. Providence College Providence, Rhode Island Morals as Founded on Natural Law. By STEPHEN THERON. European University Studies. New York: (...) Peter Lang, 1987. 218 pp. $32 (cloth). This is a hard book to read, though it need not be. The author assumes a knowledge of other writings that few (apart from himself) are likely to have, and his English is sometimes tortuous in the extreme. A little more polishing of the sentence structure and a little more explanation of references would have made the book immeasurably. more readable. There would still be flaws in it nevertheless, flaws that concern the content of the book and not its form. Theron's aim is to establish morality on an external authoritative law, namely the authoritative law of God. Towards achieving this he devotes the first chapter to criticizing R.M. Hare, since Hare has a theory of autonomy in morals, or a theory where the prescriptiveness of a law or moral norm is self· imposed and not derived from something outside the autonomously choosing individual. Theron's criticism of Hare, apart from the obscurity of several of the references (obscure, that is, unless one already knows Hare's work more or less inside out), rests on distortions or unsympathetic interpretations of what Hare says. To say that, for Hare, " all that is essential to good living is the extrinsic, fortuitous character of its being commended" (p. 31) is to misrepresent Hare's whole point about the mea,ning of good, for which the a.ct of commending is of the essence and cannot be something extrinsic. And to say that, apart from what can be derived from logic, the rest of Hare's theory is "all a matter of who commends the loudest" (ibid..) is so gross a distortion that one can only wonder if Theron has paid any attention at all to what Hare has written about the nature of moral reasoning. As for Theron's own theory, he says that morality is grounded on a divine legislative authority to which, like children with respect to parents, we just ' find ' ourselves bound. But how are we bcmnd, or BOOK REVIEWS what persuades us that we should submit and obey this authority? Theron denies the applicability of this question, since he says that to seek a ground for this authority is to fall into an infinite regress. Yes indeed if authority can only be grounded by appeal to some other authority. But why should this be so? Because 0£ the nature of reason, says Theron, or how do we justify our acceptance 0£ and obedience to reason? Reason itself cannot do this. "... reason only has the authority of law and even truth if God gives it that authority," and "as one cannot appeal to reason to invalidate reason one cannot appeal to it to validate it" (p. 161). For Theron, what is :first for us. is not reason but divine authority, which is just somehow an ineradicable given. This would make morals, to say nothing of philosophy simply, dependent on divine law, not, as his title declares, on natural law. That title is indeed misleading since it is clear that, in Theron's eyes, natural law, or the law of our natural reason, is derivative and secondary, dependent for its lawfulness on the prior recognition of divine law. But all this must be false. Our recognition of divine law and of its binding force presupposes the validity of the workings of our own reason, for only by reason can we have this recognition. But if we could only admit the validity of our own reason after we have recognized the divine and reason's dependence on it, then we really are caught in an infinite regress, for this recognition would itself have to presuppose the prior validity of reason. And so on and so on. What is first for... (shrink)

This book discusses how Plato, one the fiercest legal critics in ancient Greece, became – in the longue durée – its most influential legislator. Making use of a vast scholarly literature, and offering original readings of a number of dialogues, it argues that the need for legal critique and the desire for legal permanence set the long arc of Plato’s corpus—from the Apology to the Laws. Modern philosophers and legal historians have tended to overlook the fact that Plato was the (...) most prolific legislator in ancient Greece. In the pages of his Republic and Laws, he drafted more than 700 statutes. This is more legal material than can be credited to the archetypal Greek legislators—Lycurgus, Draco, and Solon. The status of Plato’s laws is unique, since he composed them for purely hypothetical cities. And remarkably, he introduced this new genre by writing hard-hitting critiques of the Greek ideal of the sovereignty of law. Writing in the milieu in which immutable divine law vied for the first time with volatile democratic law, Plato rejected both sources of law, and sought to derive his laws from what he called ‘political technique’. At the core of this technique is the question of how the idea of justice relates to legal and institutional change. Filled with sharp observations and bold claims, Platonic Legislations shows that it is possible to see Plato—and our own legal culture—in a new light “In this provocative, intelligent, and elegant work D. L. Dusenbury has posed crucial questions not only as regards Plato’s thought in the making, but also as regards our contemporaneity.”—Giorgio Camassa, University of Udine “There is a tension in Greek law, and in Greek legal thinking, between an understanding of law as unchangeable and authoritative, and a recognition that formal rules are often insufficient for the interpretation of reality, and need to be constantly revised to match it. Dusenbury’s book illuminates the sophistication of Plato’s legal thought in its engagement with this tension, and explores the potential of Plato’s reflection for modern legal theory.”—Mirko Canevaro, The University of Edinburgh. (shrink)

Kant famously insisted that “the idea of the will of every rational being as a universally legislative will” is the supreme principle of morality. Recent interpreters have taken this emphasis on the self-legislation of the moral law as evidence that Kant endorsed a distinctively constructivist conception of morality according to which the moral law is a positive law, created by us. But a closer historical examination suggests otherwise. Kant developed his conception of legislation in the context of his opposition to (...) theological voluntarist accounts of morality and his engagement with conceptions of obligation found in his Wolffian predecessors. In order to defend important claims about the necessity and immediacy of moral obligation, Kant drew and refined a distinction between the legislation and authorship of the moral law in a way that precludes standard theological voluntarist theories and presents an obstacle to recent constructivist interpretations. A correct understanding of Kant's development and use of this distinction reveals that his conception of legislation leaves little room for constructivist moral anti-realism. (shrink)

Student-instructor relationships outside of the classroom have existed for hundreds of years and remain an important topic in the literature. Universities are increasingly concerned with legislating student-instructor relationships. Few empirical investigations of undergraduate student-instructor relationships are reported in the literature, and such relationships are often considered only in the context of sexual harassment or ethics policies. Most of the writings are opinion based or seated in anecdotal evidence, and seldom are students' opinions considered. In this study, 480 undergraduate students (...) attending a medium-sized Western university were surveyed for their opinions about a variety student-instructor relationships. Factor analysis revealed 5 types of student-faculty relationships: sexual, group activities, doing favors, spending time alone with a faculty member, and business relationships. The students' opinions about these relationships varied, with sexual relationships considered inappropriate, whereas group activities were considered very appropriate. These data suggest that university officials who are building policy regarding faculty-student relationships need to consider different types of relationships along with students' developing autonomy. (shrink)

This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of (...) the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

"The Austin of the Jurisprudence of Administrative Law" This book originated as a series of lectures presented at Johns Hopkins in 1915. It proposes a method to supplement the established doctrine of constitutional law, which enforces legislative norms through negation and review, by a system of positive principles that would guide the making of statutes and give more definite meaning and content to the concept of due process. Highly regarded since its original publication in 1917 and the winner of Harvard (...) Law School's Ames Prize in 1919, it went on to become a standard work. It was recommended, to cite two examples, in Roscoe Pound's Introduction to American Law (1919) and Arthur Vanderbilt's Studying Law (1945). A comment published at the end of Freund's career summarizes a general opinion: "The great quality which Ernst Freund brought to the study of administrative law was his capacity for analysis. He was the Austin of the jurisprudence of administrative law." -W.I.J., Law Quarterly Review 49 (1933): 588. Ernst Freund [1864-1932] was Professor of Jurisprudence and Public Law at the University of Chicago. He is widely considered to be responsible for the development of administrative law in the United States. (shrink)

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...) to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship (employer, not employee; landlord, not tenant) is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities (as in cases involving the NAACP or the Boy Scouts), but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws. (shrink)

To evaluate the moral awareness of college students regarding artificial intelligence (AI) systems, we have examined 467 surveys collected from 152 Japanese and 315 non-Japanese students in an international university in Japan. The students were asked to choose a most significant moral problem of AI applications in the future from a list of ten ethical issues and to write an essay about it. The results show that most of the students (n = 269, 58%) considered unemployment to be the major (...) ethical issue related to AI. The second largest group of students (n = 54, 12%) was concerned with ethical issues related to emotional AI, including the impact of AI on human behavior and emotion and robots’ rights and emotions. A relatively small number of students referred to the risk of social control by AI (6%), AI discrimination (6%), increasing inequality (5%), loss of privacy (4%), AI mistakes (3%), malicious AI (3%), and AI security breaches (3%). Calculation of the z score for two population proportions shows that Japanese students were much less concerned about AI control of society (− 3.1276, p < 0.01) than non-Japanese students, but more concerned about discrimination (2.2757, p < 0.05). Female students were less concerned about unemployment (− 2.6108, p < 0.01) than males, but more concerned about discrimination (2.4333, p < 0.05). The study concludes that the moral awareness of college students regarding AI technologies is quite limited and recommends including the ethics of AI in the curriculum. (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

In order to improve education and teaching methods and meet the “heart” needs of college students in the era of big data, this paper analyzes the application of data mining technology in college mental health education, and introduces database technology and decision tree algorithm to support college mental health work. This process verifies the feasibility of this kind of system with the help of an example. Using the test standards outlined in this document, 1.5 previous test tasks were completed within (...) the timeframe. During the system test, the error rate was 14% and the number of tests was 7%.However, the error rate in the development stage is 11%, which is lower than 19% of the old version. The error rate in the acceptance stage is 14%, which is lower than 5% of the old version. That is to say, most of the errors were found in time in the system analysis and design stage. 14% of the problems found in the development stage are basically small problems in the interface display, which do not need major changes. However, the old version also includes design defects found in the development stage, and only large-scale rewriting of the involved modules. In the research process, the work of mental health in Colleges and universities has been promoted. At this time, the law of psychological changes of college students has been summarized. Therefore, the support of data mining technology can better meet the needs of mental health education in Colleges and universities. (shrink)

Researchers have consistently identified the disparity between teachers’ practical and legal knowledge regarding teachers’ right to discipline students. However, few studies have investigated teachers’ construction processes that form construction outcomes, which would help navigate the role of legislation in school discipline. This study contributes to a holistic picture of the neglected disciplinary rights that teachers construct in teaching practice and their underexplored attitude toward the law, using an interview-based constructionist method on twelve teachers of Lvliang city in a Chinese K-12 (...) context. The findings suggest that the participants prefer to acquire discipline knowledge by interacting with multiple power relations in their local environment and that their knowledge is historically and culturally specific. Although the disciplinary right they construct is never static, balanced, or essentialised, the participants’ constructions are commonly not in line with legal provisions or the aims of the law. Furthermore, school discipline legislation plays a silent role in empowering teachers to discipline students, but it is more visible in holding back teachers’ use of corporal punishment. These findings illustrate the complexity of implementing school disciplinary law as a universal national policy. (shrink)

Although in the US there have been dozens of subpoenas seeking information gathered by academic researchers under a pledge of confidentiality, few cases have garnered as much attention as the two sets of subpoenas issued to Boston College seeking interviews conducted with IRA operatives who participated in The Belfast Project, an oral history of The Troubles in Northern Ireland. For the researchers and participants, confidentiality was understood to be unlimited, while Boston College has asserted that it pledged confidentiality only “to (...) the extent American law allows.” This a priori limitation to confidentiality is invoked by many researchers and universities in the United States, Canada and Great Britain, but there has been little discussion of what the phrase means and what ethical obligations accompany it. An examination of the researchers’ and Boston College’s behaviour in relation to the subpoenas provides the basis for that discussion. We conclude that Boston College has provided an example that will be cited for years to come of how not to protect research participants to the extent American law allows. (shrink)

Purpose of the article American university and college campus law enforcement, like their peers in American munipal law enforcement agencies, find themselves interacting frequently with civilians experiencing mental health disturbances. An innovative model for law enforcement, the Crisis Intervention Team model, has been developed to address the difficulties law enforcement professionals and civilians in mental health crisis face during encounters. This article explores how CIT can enhance police response to mental health crisis on the college campus. Methodology/methods Methods of applied (...) research were conducted, borrowing from a benchmarking model and including interviews with multiple key informants representing law enforcement and mental health. Informants were affiliated with three universities and multiple municipal jurisdictions in Virginia, USA. Scientific goal The goal was to assess the relevance of CIT on the college campus and explore creative approaches to enhancing campus police response to mental health crisis. Findings The results supported the scholarly literature regarding the efficacy of the CIT model. Creative adaptations to the CIT model for campus possibly can be implemented to address concerns of mental health crisis on campus. Conclusions CIT is a highly innovative model requiring extensive collaboration between law enforcement, mental health agencies, and mental health advocates. As standard qualitative research was not conducted, the sample size of key informants may not have reached saturation. However, findings from the interviews support the body of literature on CIT. The implementation of CIT on the college campus could possibly help to alleviate difficulties on campus arising from mental health crisis, including reducing inappropriate arrest or disciplinary action, improving campus safety, addressing concerns related to threat assessment and management, and enhancing collaborative efforts on campus and with resources in the broader community. (shrink)

The truth-conditional theory of sense holds that a theory of truth for a natural language can serve as a theory of sense: if knowledge of a theory of truth for a language L is sufficient for understanding utterance of L-sentences, the T-sentences of the theory 'show' the sense of the uttered object-language sentences. In this paper I aim to show that indexicals create a serious problem for this prima facie attractive theoretical option. The so-called 'instantiation problem' is that a truth-theory (...) for indexical languages needs to contain universal statements that show how the reference of indexicals depends on features of the utterance context. Now one can deduce from such statements T-sentences that do not show the sense of an indexical sentence on an occasion of use. I survey proposed solutions to the instantiation problem by Evans and Sainsbury and, unfortunately, find them all wanting. Perhaps there is nothing like the sense-giving truth-condition for an indexical sentence. (shrink)

When I first heard of the Massachusetts state legislation, two things came to mind. One of them was a piece of Canadian history little known to Americans: universal care in that country began with the Canadian provinces, gradually spreading to its federal government. Is that kind of development possible in the United States? The other was the famous 1932 phrase of Supreme Court Justice Louis Brandeis that the states are the “laboratories of democracy.” Could the Massachusetts law serve as a (...) laboratory for national universal health care? While the two questions are related, they raise different issues. The Canadian example bears on the direction and trajectory of health care reform, not on its content. Brandeis’s phrase encompasses the nature of the reforms. The Massachusetts law is encouraging on both counts, but there are reasons to be hesitant in one’s hopes. (shrink)

Two terms, student privacy and Massive Open Online Courses, have received a significant amount of attention recently. Both represent interesting sites of change in entrenched structures, one educational and one legal. MOOCs represent something college courses have never been able to provide: universal access. Universities not wanting to miss the MOOC wave have started to build MOOC courses and integrate them into the university system in various ways. However, the design and scale of university MOOCs create tension for privacy (...) laws intended to regulate information practices exercised by educational institutions. Are MOOCs part of the educational institutions these laws and policies aim to regulate? Are MOOC users students whose data are protected by aforementioned laws and policies? Many university researchers and faculty members are asked to participate as designers and instructors in MOOCs but may not know how to approach the issues proposed. While recent scholarship has addressed the disruptive nature of MOOCs, student privacy generally, and data privacy in the K-12 system, we provide an in-depth description and analysis of the MOOC phenomenon and the privacy laws and policies that guide and regulate educational institutions today. We offer privacy case studies of three major MOOC providers active in the market today to reveal inconsistencies among MOOC platform and the level and type of legal uncertainty surrounding them. Finally, we provide a list of organizational questions to pose internally to navigate the uncertainty presented to university MOOC teams. (shrink)

In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This (...) dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a new theoretical model that classifies civil law on the basis of its purpose-to protect religious liberty, engage or fortify the religious sector, or to advance universal norms-the author examines the impact of the three different types of legislation upon religious freedom and the individual autonomy of religious minorities in Sweden, an aggressively secularized industrial society. The author concludes that, viewed from the standpoint of a religious nonconformist, there is no discernible difference between living in a society that is overtly ruled by religious law (e.g., an Islamic state) and living in a "secular” society that is ruled by civil law either embedded with religious norms or designed to facilitate state appropriation of the religious sector as a complementary means of social control. In either environment, the author argues, the religious nonconformist will be forced to conform to the religious norms of the predominant religious group. (shrink)

Although many studies have revealed the importance of study skills for students' first?year performance and college retention, the extent of the impact of study skills preparation on students' academic achievement is less clear. This paper explores the impact of pre?university study skills preparation on students' first?year study experiences, academic achievement and persistence. The setting for this study is a large law school in the Netherlands which attracts students from more than 100 schools for secondary education. The results show that the (...) perceived study skills preparation concerning time management and learning skills does have a positive impact on college students' first?year study behaviour and academic achievement. However, the study also shows that the impact of perceived college preparation is far less important for college retention than other factors such as satisfaction about the chosen degree programme and tutorial attendance. (shrink)

Studies on end-of-life care reveal different practices regarding withholding and/or withdrawing life-sustaining treatments between countries and regions. Available data about physicians’ practices regarding end-of-life care in ICUs in Egypt is scarce. This study aimed to investigate physicians’ attitudes toward end-of-life care and the reported practice in adult ICUs in Ain Shams University Hospitals, Cairo, Egypt. 100 physicians currently working in several ICU settings in Ain Shams University Hospitals were included. A self-administered questionnaire was used for collection of data. Most of (...) the participants agreed to implementation of “do not resuscitate” (DNR) orders and applying pre-written DNR orders (61% and 65% consecutively), while only 13% almost always/often order DNR for terminally-ill patients. 52% of the participants agreed to usefulness of limiting life-sustaining therapy in some cases, but they expressed fear of legal consequences. 47% found withholding life-sustaining treatment is more ethical than its withdrawal. 16% almost always/often withheld further active treatment but continued current ones while only 6% almost always/often withdrew active therapy for terminally-ill patients. The absence of legislation and guidelines for end-of-life care in ICUs at Ain Shams University Hospitals was the main influential factor for the dissociation between participants’ attitudes and their practices. Therefore, development of a consensus for end-of-life care in ICUs in Egypt is mandatory. Also, training of physicians in ICUs on effective communication with patients’ families and surrogates is important for planning of limitation of life-sustaining treatments. (shrink)

Matthew Rimmer, ACIPA, The Australian National University, College of Law, Canberra, ACT, 0200, Australia. Tel.: (02) 61254164; Email: matthew.rimmer{at}anu.edu.au ' + u + '@' + d + ' '//--> Abstract This article considers the significance of the first export of essential medicines under the WTO General Council Decision 2003. In July 2007, Rwanda became the first country to provide a notification under the WTO General Council Decision 2003 of its intent to import a fixed-dose, triple combination HIV/AIDS drug manufactured by (...) the Canadian generic pharmaceutical manufacturer Apotex, Inc. In September 2007, Apotex was granted the first compulsory licence application under Canada's Access to Medicines Regime. This article considers the convoluted and protracted negotiations between the Government of Rwanda, Apotex and three patent holders, GlaxoSmithKline, Boehringer Ingleheim Canada and Shire BioChemical, Inc. It questions the efficiency of this process. This article considers the review of the Jean Chrétien Pledge to Africa Act 2004 (Canada). It is critical of the refusal of the Conservative Government of Canada to make any amendments to the legislation to improve the cost-effective delivery of essential medicines. This article queries the proposed Hong Kong Amendment to the TRIPS Agreement 1994, given the concerns of the Africa Group. It is submitted that it is undesirable to codify the WTO General Council Decision 2003, given its failure to provide a speedy, efficient and cost-effective delivery of essential medicines. CiteULike Connotea Del.icio.us What's this? (shrink)

In December 1998, the Office of Inspector General and the Health Care Financing Administration solicited comments from health care providers regarding the federal anti-patient dumping statute, the Emergency Medical Treatment and Active Labor Act. EMTALA is a federal health care law of unprecedented breadth—the first universal benefit guaranteed by the federal government. It requires Medicare-participating hospitals with public emergency rooms, emergency physicians, and ancillary surgical and medical specialists to render adequate stabilizing treatment to whoever requests it. The 1998 Special Advisory (...) Bulletin sought input on four principal dimensions of EMTALA: the statutory obligation to furnish adequate medical screening to anyone who visits an emergency room; the responsibilities of health care providers towards enrollees of managed care organizations ; the prior authorization and payment rules for Medicare and Medicaid; and what practices would promote hospital compliance with EMTALA. (shrink)

In the early years of Mendelism, 1900-1910, William Bateson established a productive research group consisting of women and men studying biology at Cambridge. The empirical evidence they provided through investigating the patterns of hereditary in many different species helped confirm the validity of the Mendelian laws of heredity. What has not previously been well recognized is that owing to the lack of sufficient institutional support, the group primarily relied on domestic resources to carry out their work. Members of the group (...) formed a kind of extended family unit, centered on the Batesons' home in Grantchester and the grounds of Newnham College. This case illustrates the continuing role that domestic environments played in supporting scientific research in the early 20th century. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

From sex abuse scandals to the treatment of adjunct professors, universities are mired in thorny ethical questions. In this book, Keenan exposes the problems that arise from the lack of professional ethics in the college environment, then proposes concrete solutions for issues ranging from athletics and adjuncts to tuition and salaries.

In medieval texts the term ius naturale can mean either natural law or natural right; for the latter sense see the article Natural Rights ”. Ius naturale in the former sense, and also lex naturalis, mean the universal and immutable law to which the laws of human legislators, the customs of particular communities and the actions of individuals ought to conform. It is equivalent to morality thought of as a system of law. It is called “natural” either (a) because it (...) is taught by natural instinct, i.e. some capacity innate in human beings, or (b) because it is accessible to “natural reason”, i.e. to personal reflection independent of any special revelation from God (such as the Christian faith claims to be) and independent of the moral authority of other human beings; or for both reasons. (shrink)

William Louis Poteat , a North Carolina intellectual of the Progressive Era, gained a reputation as a leading liberal in southern higher education. This book, which was recognized by a prestigious National Endowment for the Humanities publication grant, is useful for historians of science because it illustrates how scientific ideas, particularly Darwinism, were diffused into a rural and isolated society.From his student years to the end of his life, Poteat was intimately connected with a Southern Baptist college, Wake Forest. He (...) matriculated at Wake Forest and became a tutor there in 1878. Although almost entirely self‐taught in the sciences, he became a popular and respected professor of biology. As his knowledge of science came from reading contemporary papers and monographs rather than from traditional study, he developed a perspective more modern than that of most of his peers. He rose through the ranks, ultimately becoming president of Wake Forest in 1905.Relatively early in his career, Poteat began the work that earned him a place in southern history by writing articles and giving lectures on the ways in which science and religion were related. By the end of his first decade as a faculty member, he had become convinced of the importance of Darwin's theory of evolution and had decided that it posed no threat to traditional Christianity. In supporting this view, Poteat followed the lead of mainstream European and Northern American churches, which had no problem reconciling evolution with the Book of Genesis and its description of creation occurring in seven days. After all, who knew what a day meant in the mind of God? Many Southern Protestants, however, rejected this position.Randal Hall sees Poteat as an advocate of a liberal social philosophy fully in accord with the social gospel of the Progressive age. As a leading proponent for change in his state, Poteat “personified North Carolina Progressivism” , and his defense of Darwin was of a piece with his philosophy. But it is unclear whether Poteat's admiration for Darwin stemmed from an understanding of science or an obsession with eugenics, an obsession that in time came to dominate his thinking.Poteat vigorously used his position as president of the Southern Baptist Education Association to promote theories of eugenics. Although Darwin did not actively promote racism, followers of his thought such as Poteat could easily educe racist ideas from it. They could argue, for example, that individuals should speed up the process of producing superior humans by helping nature along through the process of selective breeding. Concerned with the large number of Americans who were institutionalized, and the even greater number who were barely educated, Poteat maintained that the government should control the right to reproduce and sterilize the unfit, including the “self‐centered, the coarse‐fibered, and the discourteous” . He thought that civilization would crumble unless such procedures were put in place, because there would be an “overproduction of under‐men” . Indeed, following this same line of thought, he opposed war because it foolishly wasted “our best blood” . He called for federal legislation to govern marriage and divorce, requiring applicants to meet his moral requirements and to pass a rigorous medical examination. Even in conservative North Carolina, these ideas provoked astonishment. A leading Raleigh newspaper accused Poteat of wanting to be the “boss of a human stock farm” .Although Randal Hall's book is primarily a biography of William Louis Poteat—and secondarily a history of Wake Forest as it evolved from a tiny Baptist school into a major college—it is also a study of the split personalities of Southern Progressives. On the one hand, they rejected rule by educated leaders; on the other, they wanted government to control the most intimate aspects of life, such as reproduction. Poteat thought that all these things should be overseen by a “genteel Christian community led by a liberal elite” . The complexity and cognitive dissonance of Southern Progressives are well illustrated in this book. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Basic Resources in Bioethics*Mary Carrington Coutts (bio)OrganizationsKennedy Institute of Ethics Georgetown University Washington, DC 20057 National Reference Center for Bioethics Literature 800-MED-ETHX or 202-687-3885The Hastings Center 255 Elm Road Briarcliff Manor, NY 10510 914-762-8500Society for Health and Human Values 6728 Old McLean Village Drive McLean, VA 22101 703-556-9222NOTE: There are numerous organizations in the United States and abroad that deal with bioethical issues. For a more comprehensive listing of (...) those organizations, see:American Hospital Association. Directory of Biomedical Ethics Organizations. Chicago: American Hospital Association, 1989.National Reference Center for Bioethics Literature. International Directory of Bioethics Organizations edited by Robert Iosco. Washington, DC: Georgetown University, 1986.Encyclopedia and DictionaryDictionary of Medical Ethics. Edited by A.S. Duncan, G.R. Dunstan, and R.B. Welborn. New rev. ed. New York: Crossroad, 1981. [End Page 75]Encyclopedia of Bioethics. Edited by Warren T. Reich. 4 vols. New York: Macmillan-Free Press, 1978; or 1982 reprint in 2 volumes available to members of the Kennedy Institute of Ethics through the membership office, 202-687-8099.Online DatabaseBioethicsline. Produced by the Kennedy Institute of Ethics for the National Library of Medicine. Searchable through the MEDLARS system. Focuses on questions of ethics and public policy in the fields of health care and biomedical research. Searches available upon request to the National Reference Center for Bioethics Literature. For information on securing a personal access code from the National Library of Medicine, call 800-638-8480.BibliographiesBibliography of Bioethics. Edited by LeRoy Walters and Tamar Joy Kahn. Washington, DC: Kennedy Institute of Ethics, Georgetown University. Issued annually since 1975. Corresponds to the BIOETHICSLINE database. Provides references to resources on ethical and public policy issues in medicine and biomedical research. Includes abstracts; arranged by broad subject categories.Ethics in Nursing. Edited by Terry Pence. 2nd ed. New York: National League for Nursing, 1986. An annotated bibliography of nursing ethics. Includes author and subject indexes.Goldstein, Doris M. Bioethics: A Guide to Information Sources. Detroit: Gale Research, 1982. A selected, annotated bibliography to the literature of bioethics.The Hastings Center's Bibliography of Ethics, Biomedicine and Professional Responsibility. Compiled by the staff of the Hastings Center. Frederick, MD: University Publications of America, 1984.Medical Ethics: An Annotated Bibliography. Edited by Mark Siegler, Peter A. Singer and David L. Schiedermayer. Philadelphia: American College of Physicians, 1988.Current Awareness ServicesNOTE: Several journals have sections where they highlight new publications. See, for example, the "In The Literature" section of the Hastings Center Report, or the "Medicolegal Reference Shelf" section of Law, Medicine and Health Care. Other services include:BioLaw. Edited by James F. Childress and Ruth D. Gaare. Frederick, MD: [End Page 76] University Publications of America, 1983 to present. Annual with bimonthly updates. (Previous title: Bioethics Reporter.) A compendium of articles and legal documents on ethical and legal issues in medicine, health care administration and human experimentation. Includes the text of important legal decisions in the Resources section.New Titles in Bioethics. Edited by Luanda Fitch Huttlinger. Washington, DC: National Reference Center for Bioethics Literature, Kennedy Institute of Ethics, Georgetown University. Published monthly 1975-1989; quarterly 1990—present. List of acquisitions by the National Reference Center for Bioethics Literature. Organized by subject categories. Includes ordering information for difficult-to-find items. Annual cumulation available.Scope Notes Series. Washington, DC: National Reference Center for Bioethics Literature, Kennedy Institute of Ethics, Georgetown University. A series of issue briefs including annotated bibliographies on the following popular bioethical topics:No 1. Dangerousness, September 1982, 5 p.No 2. Living Wills and Durable Powers of Attorney: Advance Directive Legislation and Issues, Revised February 1990, 15 p.No 3. Ethics Committees in Hospitals, Revised June 1989, 12 p.No 4. Diagnosis Related Groups and the Prospective Payment System, June 1984, 11 p.No 5. Baby Fae, January 1985, 19 p.No 6. Surrogate Mothers, Revised January 1988, 12 p.No 7. Withholding or Withdrawing Nutrition or Hydration, Revised September 1988, 12 p.No 8. AIDS: Law, Ethics and Public Policy, April 1988, 12 p.No 9. Bioethics Audiovisuals 1982 to Present, September 1988, 12 p.No 10. Ethical Issues in... (shrink)

We are in a state of impending crisis. And the fault lies in part with academia. For two centuries or so, academia has been devoted to the pursuit of knowledge and technological know-how. This has enormously increased our power to act which has, in turn, brought us both all the great benefits of the modern world and the crises we now face. Modern science and technology have made possible modern industry and agriculture, the explosive growth of the world’s population, global (...) warming, modern armaments and the lethal character of modern warfare, destruction of natural habitats and rapid extinction of species, immense inequalities of wealth and power across the globe, pollution of earth, sea and air, even the aids epidemic (aids being spread by modern travel). All these global problems have arisen because some of us have acquired unprecedented powers to act, via science and technology, without also acquiring the capacity to act wisely. We urgently need to bring about a revolution in universities so that the basic intellectual aim becomes, not knowledge merely, but rather wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, thus including knowledge and technological know-how, but much else besides. (shrink)

We have examined the attitude and moral perception of 228 college students towards artificial intelligence in an international university in Japan. The students were asked to select a single most significant ethical issue associated with AI in the future from a list of nine ethical issues suggested by the World Economic Forum, and to explain why they believed that their chosen issues were most important. The majority of students chose unemployment as the major ethical issue related to AI. The second (...) largest group of students were concerned with ethical issues related to emotional AI, including the impact of AI on human behavior and emotion. The paper discusses the results in detail and concludes that, while policymakers must consider how to ameliorate the impact of AI on employment, AI engineers need to consider the emotional aspects of AI in research and development, as well. (shrink)

Various countries have alternative pathway policies for 2-year community college graduates to articulate to 2-year university study, forming a “2+2” pathway. However, few studies have explored university staff members’ perceptions of this “2+2” transfer pathway and their understanding of transfer students’ transition experiences. This descriptive qualitative study addressed this research gap. Forty-two academic and supporting staff participated in the focus group interviews. Specifically, the study explored the assets and challenges of the “2+2” pathway from the university staff perspective in Hong (...) Kong. The articulation pathway and TSs are highly recognized for their prior learning, academic performances, and the value of the second chance. However, while the university staff were sympathetic to the challenges filling these transfer pathways, their offering of help was limited by government funding and policies restrictions. It is recommended that policies should be established at government and university levels to recognize and tackle TSs’ unique needs to alleviate their heavy workloads through better articulation between community college and university studies. Improving articulation will allow TSs time for social involvement in university life and thus enhance their mental well-being. (shrink)

The author examines the paradox between madness and foolishness in early sixteenth century thought and in Biblical scholarship. He goes on to explore the seeming contradictions in the veneration of historical characters who adopted opposing views, particularly in the early 16th century.

Contemporary public art is still in the process of defining its artistic and legal identity. Indeed to juxtapose the terms public and art is a paradox. Art is often said to be the individual inquiry of the sculptor or painter, the epitome of self-expression and vision that may challenge conventional wisdom and values. The term public encompasses a reference to the community, the social order, self-negation: hence the paradox of linking the private and the public in a single concept. A (...) goal of any general or jurisprudential theory concerning government sponsorship or ownership of art in the public context must reconcile, through state institutions and law, this tension between art’s subjectivity with hits potential for controversy and government’s need to promote the public good.This essay critically examines and discusses existing contemporary legal doctrine and its failure to accommodate or even adequately define the issues and competing values at stake in the public art context. Such failure may be attributed in part to the fact that neither legal theory nor art policy have been inspired by the vision of or located in the broader context of a sociopolitical public realm. Barbara Hoffman practices arts and entertainment law in New York and is counsel to the College Art Association. She is a former professor of constitutional law at the University of Puget Sound, and she has served as chair of the Public Art Committee of the Art Law Committee of the Association of the Bar of the City of New York, and president of the Washington Volunteer Lawyers for the Arts. (shrink)

This article presents a stakeholder-based example of corporate social responsibility (CSR) within a university context. The first section provides a literature review that builds the case for CSR efforts by educational institutions. The next section details aspects of the focal corporate social responsibility program at the University of South Florida St. Petersburg (USFSP) from its early conception to its implementation. The Talking the Talk section describes the overarching mission of the larger university and its influence on the mission of the (...) newly formed College of Business which undertook an ambitious community outreach program in a downtown neighborhood. The execution of the program is discussed subsequently in the Walking the Walk section, with an emphasis on formation of advisory boards, development of appropriate coursework, relevant interactions with external constituencies, and plans for assessment and continuous improvement. The article closes with recommendations for universities considering similar endeavors. (shrink)