Childhood obesity is in important respects a result of legal policies that influence both dietary intake and physical activity. The law must shift focus away from individual risk factors alone and seek instead to promote situational and environmental influences that create an atmosphere conducive to health. To attain this goal, advocates should embrace a population-wide model of public health, and policymakers must critically examine the fashionable rhetoric of consumer choice.

PREFACE This volume is a sequel to yet independent of our Paranoia: A Study in Diagnosis, Reidel, Dordrecht and Boston, 1976. Whereas our first book centered on diagnosis, this centers on treatment. In our first volume, all discussions of nosology (theory of illness) and of treatment was ancillary to our discussion of diagnosis; similarly all discussion of this volume dealing with nosology - there is very little on diagnosis here - is ancillary to our discussion of psychotherapy. It is still (...) our profoundest conviction that to speak of treatment without diagnosis is meaningless, if not irresponsible, since otherwise one does not know what one is talking about. Hence, our present study, though it centers on theories of treatment, links psychotherapy with psychopathology. It is the rationale of psychotherapy which is of importance, and the rationale dwells in this link. We wish our present study to be self-contained and understood by readers who are not familiar with our first book - or with any specific literature. Our discussion of medicine in general, meaning the rationale of therapy in general, helps the uninitiated reader, as well as the initiated, we hope: it certainly has helped us. We did not see how else can we study a branch of medicine; we felt the need for some idea of how medicine is supposed to work. (shrink)

My dissertation is an exploration of two theories of political judgment that are inspired by Kant's Critique of Judgment. Both Hannah Arendt and Jean Francois Lyotard appropriate different versions of Kantian reflective judgment as a model for making political decisions because it allows for differences in thought and action, and does not reduce politics to a fabrication guided by a universal conception. This dissertation examines the viability of both theories of judgment, and assesses the relation between political judgment, politics, and (...) history. ;I begin by briefly summarizing the Critique of Judgment, and examining the factors of Kant's universal moral philosophy that are rejected by Arendt and Lyotard, in order to better understand the aspects that they appropriate for political judgment. I then explore Arendt's theory of political judgment based upon judgments of beauty. Through her theory of judgment, Arendt seeks to maintain the balance between valuing plurality, but at the same time, allowing the spectators to come to a political judgment based upon the good of the whole community. The relation between her theory of judgment and the philosophy of history is also discussed in light of her criticisms of instrumental reasoning. Next, I investigate Lyotard's theory of judgment that is based upon Kant's judgments of the sublime. Lyotard focuses upon the incommensurability of phrase genres that are manifested in his analysis of the differend . The differend concerns a wrong that cannot currently be expressed and is signaled by the feeling of the sublime. The link between the feeling of the sublime and history is explored, as well as the implications of Lyotard's theory of judgment upon his politics. Finally, I conclude with a discussion of five major differences between Arendt's and Lyotard's theories of judgment, focusing upon the temporality of judgment, the influence of the holocaust on their respective political theories, the difference between the beautiful and the sublime governing judgment, Lyotard's interpretation of Arendt's thought, and the connection between their theories of judgment and political action. Although their political strategies are important, the success of both of their theories of judgment are provisional because neither can settle the issues surrounding political agency and action that have arisen in the debate between modern and postmodern theories of politics. (shrink)

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic (...) moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. (shrink)

Various explanations are offered to explain why employees increasingly work longer hours: the combined effects of technology and globalization; people are caught up in consumerism; and the "ideal worker norm," when professionals expect themselves and others to work longer hours. In this article, we propose that the processes of employer recruitment and selection, employee self-selection, cultural socialization, and reward systems help create extended work hours cultures (EWHC) that reinforce these trends. Moreover, we argue that EWHC organizations are becoming more prevalent (...) and that organizations in which long hours have become the norm may recruit for and reinforce workaholic tendencies. Next, we offer spiritual leadership as a paradigm for organizational transformation and recovery from the negative aspects of EWHC to enhance employee wellbeing and corporate social responsibility without sacrificing profitability, revenue growth, and other indicators of financial performance. Finally, we will offer suggestions for future theory, research, and practice. (shrink)

Alvin Plantinga proposes that mathematical objects and propositions are divine thoughts. This position, which I call divine psychologism, resonates with some remarks by contemporary thinkers. Plantinga claims several advantages for his position, and I add another: it helps to explain the glory of mathematics. But my main purpose is to issue a challenge to divine psychologism. I argue that it has an implausible consequence: it identifies an entity with God’s relation to that entity. I consider and rebut several ways in (...) which a divine psychologist might argue that this is not really a consequence, or that the identification is plausible. (shrink)

My topic is authenticity in or perhaps as painting, not the authenticity of paintings; I know next to nothing about the problem of verifying claims of authorship. I am interested in another kind of genuineness and fraudulence, the kind at issue when we say of a person that he or she is false, not genuine, inauthentic, lacks integrity, and, especially when we say he or she is playing to the crowd, playing for effect, or is a poseur. These are not (...) quite moral distinctions (no one has a duty to be authentic), but they are robustly normative appraisals, applicable even when such falseness is not a case of straight hypocrisy but of lack of self-knowledge or of self-deceit. (A person can be quite sincere and not realize the extent of her submission to the other’s expectations and demands.) This sort of appraisal also has a long history in post-Rousseauist reflections on the dangers of uniquely modern forms of social dependence, and they are prominent worries in the modern novel. (shrink)

Objective: Compassion has been associated with eudaimonia and prosocial behavior, and has been regarded as a virtue, both historically and cross-culturally. However, the psychological study of compassion has been limited to laboratory settings and/or standard survey assessments. Here, we use an experience sampling method (ESM) to compare naturalistic assessments of compassion with standard assessments, and to examine compassion, its variability, and associations with eudaimonia and prosocial behavior. -/- Methods: Participants took a survey which included standard assessments of compassion and eudaimonia. (...) Then, over four days, they were repeatedly asked about their level of compassion, eudaimonia, and situational factors within the moments of daily life. Finally, prosocial behavior was tested using the Dual Gamble Task and an opportunity to donate task winnings. -/- Results: Analyses revealed within-person associations between ESM compassion and eudaimonia. ESM compassion also predicted eudaimonia at the next ESM time point. While not impervious to situational factors, considerable consistency was observed in ESM compassion in comparison with eudaimonia. Further, ESM compassion along with eudaimonia predicted donating behavior. Standard assessments did not. -/- Conclusion: Consistent with virtue theory, some individual’s reports displayed a probabilistic tendency toward compassion, and ESM compassion predicted ESM eudaimonia and prosocial behavior toward those in need. (shrink)

The purpose of this article is to describe the development of a model of moral distress in military nursing. The model evolved through an analysis of the moral distress and military nursing literature, and the analysis of interview data obtained from US Army Nurse Corps officers (n = 13). Stories of moral distress (n = 10) given by the interview participants identified the process of the moral distress experience among military nurses and the dimensions of the military nursing moral distress (...) phenomenon. Models of both the process of military nursing moral distress and the phenomenon itself are proposed. Recommendations are made for the use of the military nursing moral distress models in future research studies and in interventions to ameliorate the experience of moral distress in crisis military deployments. (shrink)

This new edition of Charles Fried's Medical Experimentation includes a general introduction by Franklin Miller and the late Alan Wertheimer, a reprint of the 1974 text, an in-depth analysis by Harvard Law School scholars I. Glenn Cohen and D. James Greiner, and a new essay by Fried reflecting on the original text and how it applies to the contemporary landscape of medicine and medical experimentation.

In this paper I explore the nature, varieties, causes and meanings of comebacks related to sport. I argue that comebacks have an axiological dimension, and that the best comebacks involve personal growth. I attempt to show that a major reason that comebacks connected to sport are often inspiring is that we are all in need of a comeback at some point in our lives. When improbable comebacks occur in the world of sport, they expand our sense of possibility.

Despite the rekindling of an often bitter debate as to the meaning of Martin Heidegger’s involvement with National Socialism, little has been done to address afresh the texts themselves of the period in question and the problematic to which Heidegger conceived he was applying himself. Defying Enlightenment universalism, Heidegger asserts that meaningful human existence requires a belonging in a particular historical community whose integrity must be sustained in what he calls “Auseinandersetzung,”---confrontation. This paper attempts to show how “Auseinandersetzung,” itself Heidegger’s (...) translation of the Greek word “polemos,” underlies central concepts of Heidegger”s ontology, influencing his views on work, art, and great creators. The current controversy lends us an opportunity to reflect on the meaning of fascism and the foundation for politics in a global era. (shrink)

Objective: To examine current research payment practices and to inform development of clearer guidelines for researchers and ethics committees.Design: Exploratory email based questionnaire study of current research participant reimbursement practices. A diverse sample of organisations and individuals were targeted.Setting: Australia.Participants: Contacts in 84 key research organisations and select electronic listservers across Australia. A total of 100 completed questionnaires were received with representations from a variety of research areas .Main measurements: Open-ended and fixed alternative questions about type of research agency; type (...) of research; type of population under study; whether payment is standard; amounts and mechanisms of payment; factors taken into account when deciding on payment practices; and whether payment policies exist.Results: Reimbursement practice is highly variable. Where it occurs it is largely monetary and is for time and out-of-pocket expenses. Ethics committees were reported to be often involved in decision making around reimbursement.Conclusions: Research subject payment practices vary in Australia. Researchers who do provide payments to research participants generally do so without written policy and procedures. Ethics committees have an important role in developing guidelines in this area. Specific guidelines are needed considering existing local policies and procedures; payment models and their application in diverse settings; case study examples of types and levels of reimbursement; applied definitions of incentive and inducement; and the rationale for diverse payment practices in different settings. (shrink)

The development of nursing ethics as a field of inquiry has largely relied on theories of medical ethics that use autonomy, beneficence, and/or justice as foundational ethical principles. Such theories espouse a masculine approach to moral decision-making and ethical analysis. This paper challenges the presumption of medical ethics and its associated system of moral justification as an appropriate model for nursing ethics. It argues that the value foundations of nursing ethics are located within the existential phenomenon of human caring within (...) the nurse/patient relationship instead of in models of patient good or rights-based notions of autonomy as articulated in prominent theories of medical ethics. Models of caring are analyzed and a moral-point-of-view (MPV) theory with caring as a fundamental value is proposed for the development of a theory of nursing ethics. This type of theory is supportive to feminist medical ethics because it focuses on the subscription to, and not merely the acceptance of, a particular view of morality. (shrink)

The basic disagreement between Richard Shiff and me is one of approach and ultimately of intellectual taste. What I tried to do in “Painting memories” was read Charles Baudelaire’s Salon of 1846 with a view to construing its central argument as rigorously as possible, which for me meant without appealing, except in one crucial, authorized instance, to other writings by Baudelaire or indeed anyone else. This seemed to me desirable, first, because on the strength of a long familiarity with the (...) Salon of 1846 I had become convinced that it was not the fragmented, somewhat incoherent, less than fully mature performance that many previous commentators had taken it to be but rather that it possessed a problematic consistency, even systematicness, which I wanted to explore; and second, because I had come to feel that one of the principal sources of the dreariness and predictability of much exegesis not only of that Salon but of Baudelaire’s art criticism generally was the tendency of many commentators to treat his art writing as a single, barely differentiated mass, to be supplemented when desired by selected passages from the lyric poems. Let me be as clear as I can. I am not claiming that the only fruitful approach to Baudelaire’s art criticism is to consider each of his writings in isolation from the rest. I am saying that the widespread tendency to read a particular Salon or article on the visual arts in the light of others has meant that insufficient attention has been paid to the workings of individual texts, with dismaying consequences both for our understanding of those texts and for our sense of the shape of Baudelaire’s intellectual career. Michael Fried, professor of humanities and the history of art and director of the Humanities Center at the Johns Hopkins University, is the author of Morris Louis and Absorption and Theatricality: Painting and Beholder in the Age of Diderot. He is currently at work on books on Gustave Courbet and on Thomas Eakins and Stephen Crane. His most recent contributions to Critical Inquiry are “The Structure of Beholding in Courbet’s Burial at Ornans” and “Paitnig Memories: On the Containment of the Past in Baudelaire and Manet”. (shrink)

Every day nurses are required to make ethical decisions in the course of caring for their patients. Ethics in Nursing Practice provides the background necessary to understand ethical decision making and its implications for patient care. The authors focus on the individual nurse’s responsibilities, as well as considering the wider issues affecting patients, colleagues and society as a whole. This third edition is fully updated, and takes into account recent changes in ICN position statements, WHO documents, as well as addressing (...) current issues in healthcare, such as providing for the health and care needs of refugees and asylum seekers, bioethics and the enforcement of nursing codes. (shrink)

This book presents an original and creative enactment of a confrontation between Heidegger and Plato. Gregory Fried outlines a new approach to ethics and politics combining skeptical idealism and what he calls polemical ethics, and goes on to apply polemical ethics to the crucial questions around fascism and racism.

s the 'telling' of defuturing, this text arrives as something confronting n impossibility and a necessity. What is impossible is the telling of the story, ...

Antonio Quesada (Public Choice 130:395–400, 2007) argues that a dictator has no more than two to three times the ‘average power’ of a non-dictatorial voter. If Quesada is correct, then his argument has major consequences for social choice theory; for instance, it warrants reconsidering the significance of Arrow’s Theorem. If Quesada is incorrect, however, then his position is dangerously misleading. This paper argues that Quesada is wrong. His argument depends on his own formal account of power, an account that is (...) implausible because it disregards a basic insight common to the standard characterisations of voting power: the idea that one has power over an outcome to the extent that one is able to change that outcome. Claims about power have a counterfactual component; to assert that an individual actually has determined an outcome is also to make an assertion about what would have been the case had that individual acted differently. We can employ David Lewis’s influential account of counterfactuals to show, contra Quesada, that in a dictatorship, nondictatorial individuals and groups cannot possibly determine a social preference. In short, Quesada is fundamentally mistaken about power, and thus also about the distribution of power in a dictatorship. (shrink)

The nonconsequentialist revival in tort theory has focused almost exclusively on one issue: showing that the rules governing compensation for acts reflect corrective justice rather than welfarist norms. The literature either is silent on what makes an act wrongful in the first place or suggests criteria that seem indistinguishable from some version of cost/benefit analysis. As a result, cost/benefit analysis is currently the only game in town for determining appropriate standards of conduct for socially useful but risky acts. This is (...) no small omission, and the failure of nonconsequentialists to acknowledge it or cure it can be traced to a number of recurring problems in the nonconsequentialist tort literature. Chief among them is the tendency to conflate prohibition and compensation, and to treat imposition of risk and imposition of harm as if they were distinct forms of conduct rather than the same conduct viewed from different temporal perspectives. (shrink)