In the past the law relating to involuntary manslaughter has been the subject of much criticism and controversy, though surprisingly it has received comparatively little attention during the recent review of the homicide law by the Law Commission and the Ministry of Justice. As far as the authors are aware, there has hitherto been no objective empirical research into cases of involuntary manslaughter in England and Wales. Based on data collected from case files maintained by HM Court Service and the (...) Crown Prosecution Service, this article provides a brief analysis of a sample of 127 recent cases. As well as the usual criminological analysis (of offender and offence characteristics), the article focuses on the variations in offenders’ moral culpability for causing death; the relationship between murder and manslaughter (especially those manslaughters at the ‘upper end’ of the seriousness scale); the categorization of different species of involuntary manslaughter, and the sentencing of convicted manslayers. (shrink)

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

Background Duty to care is integral to nursing practice. Personal obligations that normally conflict with professional obligations are likely amplified during a public health emergency such as COVID-19. Organizations can facilitate a nurse’s ability to fulfill the duty to care without compromising on personal obligations. Research Aim The study aimed to explore the relationships among duty to care, perception of supportive environment, perceived stress, and COVID-19-specific anxieties in nurses working directly with COVID-19 patients. Research Design The study design was a (...) cross-sectional descriptive study using an online survey. It was conducted at an ANCC Magnet® designated 385-bed acute care teaching hospital located in a suburban area. Participants and Research Context Included in this study were 339 medical surgical nurses working directly with COVID-19 patients during the early phase of the pandemic. Ethical Considerations The study was reviewed by the institution’s clinical research committee and determined to be exempt. A survey invitation letter with a voluntary implied consent agreement was sent to participants with a description of the research study attached to the anonymous survey. Results Nurses with specific COVID-19-related anxieties were more likely to agree that it was ethical to abandon the workplace during a pandemic. Conclusions Organizations can and ought to mitigate the negative effects of COVID-19 on duty to care in future pandemics and healthcare emergencies by incorporating several recommendations derived from this study. (shrink)

Abstract The values of the healthcare sector are fairly ubiquitous across the globe, focusing on caring and respect, patient health, excellence in care delivery, and multi-stakeholder collaboration. Many individual pharmacists embrace these core values. But their ability to honor these values is significantly determined by the nature of the system they work in. -/- The paper starts with a model of the prevailing pharmacist workforce model in Scotland, in which core roles are predominantly separated into hierarchically disaggregated jobs focused on (...) one professional ‘pillar’: Clinician /Practice Provider; Educator; Leader/Manager; and Researcher. This is the ‘Atomistic’ Model. This skills-segregation yields a workforce of individuals working in isolation rather than collaborating together, and lacking a shared information flow, purpose and identity. Key strategic flaws include suboptimal responsiveness to population and subpopulation needs, inconsistency and inequity of care, an erosion of professional agency, and lower job satisfaction. It is conjectured that this results from a lack of congruence between values, professional ethos, and organizational structure. ‘Atomism’ culminates in a syndrome of widespread professional-level cognitive dissonance. -/- The paper contrasts this with a new emerging workforce vision, The Collaborative Care Model. This new model defines a systems-first-approach, built on the principle that all jobs must include all four professional ‘pillars’. Vertical skills integration, involving education and task sharing, will support sustainability and succession planning. Horizontal skills integration (across practice, leadership and research) is included to improve responsiveness to population need and individual professional agency. The working conditions, supportive ethos, and career structure needed to make the model work are described. Moral theory and workforce theory are used to justify why the model may be more effective for population health, delivering greater job satisfaction for individuals and ultimately helping systematically realize and honor healthcare values. Finally, the paper sketches the first steps needed to implement the model at the national level, starting with the operationalization of new multi-pillar professional curricula across the career spectrum. Potential pitfalls and challenges are also discussed. -/- Co-Authors: 1. Paul Forsyth (PF) Lead Pharmacist Clinical Cardiology, Pharmacy, NHS Greater Glasgow & Clyde. Contribution: Conceptualization; Model Curation; Model Theory; Model Visualization; Writing - original draft (lead author), Writing - review & editing (lead author) 2. Andrew Radley (AR), Consultant in Public Health Pharmacy, NHS Tayside. Contribution: Conceptualization; Model curation; Model Theory; Writing - review & editing 3. Gordon Rushworth (GR), MPharm MSc FFRPS FRPharmS (Consultant). Programme Director, Highland Pharmacy Education & Research Centre, NHS Highland, Inverness. Contribution: Model curation; Writing - review & editing 4. Fiona Marra (FM) National Lead Clinician Scottish Infection and Immunology Network (SPAIIN) / Advanced Pharmacist HCV / HIV, NHS Greater Glasgow & Clyde. Contribution: Model curation; Writing - review & editing 5. Susan Roberts (SR) Associate Postgraduate Pharmacy Dean, NHS Education for Scotland. Contribution: Model curation; Writing - review & editing 6. Roisin O’Hare (RO) Lead Teacher Practitioner Pharmacist, Northern Ireland University Network, Southern Health and Social Care Trust. Contribution: Model curation; Writing - review & editing 7. Catherine Duggan (CD) Chief Executive Officer, International Pharmaceutical Federation (FIP). Contribution: Model curation; Writing - review & editing 8. Barry Maguire (BM) Senior Lecturer, School of Philosophy, Psychology and Life Sciences, The University of Edinburgh. Contribution: Conceptualization; Model Curation; Model Theory; Model Visualization; Supervision; Writing - original draft (senior academic supervisor), Writing - review & editing (senior academic supervisor) -/- . (shrink)

Suppose you perform two actions. The first imposes a risk of harm that, on its own, would be excessive; but the second reduces the risk of harm by a corresponding amount. By pairing the two actions together to form a set of actions that is risk-neutral, can you thereby make your overall course of conduct permissible? This question is theoretically interesting, because the answer is apparently: sometimes Yes, sometimes No. It is also practically important, because it bears on the moral (...) status of practices such as offsetting personal greenhouse gas (GHG) emissions. In this article we propose a criterion for distinguishing between cases where pairing risk-increasing and risk-reducing actions makes each action permissible, and those where it does not: the Principle of Aggregate Risk-Imposition. We work towards this by considering a range of examples that illustrate various illegitimate ways of pairing risk-increasing actions with risk-reducing ones, and asking what goes wrong in each case. We then use this criterion to evaluate GHG offsetting. Is offsetting a legitimate way of removing the risk-imposition associated with GHG emissions, or not? Controversially, we argue that this turns out to depend on the form that the offsetting takes. (shrink)

Traditionally, attempts at resolving the problem of accounting for the possibility of human freedom against the background of determinism have assumed that the options available are to: endorse determinism and deny human freedom, deny determinism in order to make room for human freedom, or find a compatibilist reconciliation. Commonly, the problem is addressed from an 'externalist' perspective. In the dissertation, the issue is refocused upon the positions of 'internalists' such as Frankfurt, Watson, Taylor, and Wolf. Their compatibilist approaches emphasize the (...) importance of first person, psychological characteristics of agents as the salient determinants of human freedom. But each of these internalist approaches are found to be wanting. Consequently, the dissertation considers an alternative internalist view, that of Spinoza. I examine in detail Spinoza's concept of freedom, as it emerges from his overall metaphysical system, and note that his compatibilism not only affirms determinism, but further holds that a certain kind of necessity is a prerequisite to any coherent account of freedom. I then proceed to show that, by comparison with the views of the aforementioned contemporary compatibilists, only Spinoza's concept of freedom can account for a 'developmental' view of human nature, one which depicts the self as engaged in a process of liberation from the sort of psychological determinism which feeds upon ignorance. (shrink)

The `fact' of pluralism in science is nosurprise. Yet, if science is representing andexplaining the structure of the oneworld, why is there such a diversity ofrepresentations and explanations in somedomains? In this paper I consider severalphilosophical accounts of scientific pluralismthat explain the persistence of bothcompetitive and compatible alternatives. PaulSherman's `Levels of Analysis' account suggeststhat in biology competition betweenexplanations can be partitioned by the type ofquestion being investigated. I argue that thisaccount does not locate competition andcompatibility correctly. I then defend anintegrative (...) model for understanding pluralism. This view is based on taking seriously both thecomplexity and contingency of biologicalorganization and the idealized character ofbiological models. On this view, explanationbecomes, among other things, the location forthe integration of diverse models. I explicatemy argument by an analysis of explanations ofdivision of labor in social insects. (shrink)

Cross-sector social partnerships (CSSPs) are relevant units of analysis for understanding sustainable business models (SBMs). This research examines how organizations value their motivations to participate in large sustainability-focused partnerships, how they perceive the value captured, and their structures implemented to address sustainability partnerships. Two hundred and twenty-four organizations partnering within four large sustainability CSSPs were surveyed using an augmented resource-based view (RBV) theoretical framework. Results show that partners were motivated by and captured value related to sustainability-, organizational-, and human-oriented resources, (...) and that organizations prefer more informal than formal structural elements to implement their partnerships’ sustainability strategies. Contributions to SBM and CSSP fields are revealed. SBM thinking is a provocation toward seeking integrated sustainable value creation, helping show the value of large CSSPs. Conversely, by conceiving of large, pluralistic CSSPs as “collaborative SBMs,” we extend the idea of the “business model” to the societal level, exploring how value is captured in partnership. (shrink)

Critiques -- Methodology -- Moral epistemology -- Aesthetics.

Robust stakeholder engagement in health research requires broad communicative integration, not only of patients but also other stakeholders such as health system leaders, clinicians, and researcher...

This article examines the theoretical status of the three CSR models of William C. Frederick. Using the method of systematics, it disaggregates the elements of the three models and suggests one integrative means of re-sorting them. The article argues the need to develop a theoretical logic to understand behavior in this area and supplies one in the form of the beginnings of an explicit theory of normative referencing. The processes of normative referencing, including normative selection, normative commitment, normative instruction, normative (...) implementation, normative administration, normative outcomes production, normative accounting, and normative adjustment are described. (shrink)

The appeal of materialism lies precisely in this, in its claim to be natural metaphysics within the bounds of science. That a doctrine which promises to gratify our ambition (to know the noumenal) and our caution (not to be unscientific) should have great appeal is hardly something to be wondered at. (Putnam (1983), p.210) Materialism says that all facts, in particular all mental facts, obtain in virtue of the spatio- temporal distribution, and properties, of matter. It was, as Putnam says, (...) “metaphysics within the bounds of science”, but only so long as science was thought to say that the world is made out of matter.1 In this century physicists have learned that there is more in the world than matter and, in any case, matter isn’t quite what it seemed to be. For this reason many philosophers who think that metaphysics should be informed by science advocate physicalism in place of materialism. Physicalism claims that all facts obtain in virtue of the distribution of the fundamental entities and properties –whatever they turn out to be- of completed fundamental physics. Later I will discuss a more precise formulation. But not all contemporary philosophers embrace physicalism. Some- and though a minority not a small or un-influential one- think that physicalism is rather the metaphysics for an unjustified scientism; i.e. it is scientistic metaphysics. Those among them that think that physicalism can be clearly formulated think that it characterizes a. (shrink)

The concept of scientific field lacks a definition in a form allowing the distinction of whether a particular academic area of study is or is not a true scientific field. Starting with the classic definition by Whitley of a field as a “reputational work organization,” this essay extracts eleven explicit and implied features of a field from Whitley’s definition and discussion, extending his analysis. The article reviews Hambrick and Chen’s model of field formation as an “admittance-seeking social movement.” Hambrick and (...) Chen argue that strategic management followed that model with success, offering the SIM Division of the Academy of Management as an unsuccessful example. The article notes errors in their assessment of SIM, argues that Hambrick and Chen are really offering a model of what I term condensation and promulgation of a field and that their model cannot be used to determine whether a field exists. The article applies the extended Whitley model of a field to examine three candidate fields within SIM: corporate social responsibility (CSR)/corporate social performance (CSP), stakeholder theory, and corporate political activity (CPA). I conclude that none is technically a field, and considering as well the comments of three senior scholars who contributed to the symposium, the article discusses the potential trajectory of fields in SIM. (shrink)

Some theories of personal identity allow some variation in what it takes for a person to survive from context to context; and sometimes this is determined by the desires of person-stages or the practices of communities.This leads to problems for decision making in contexts where what is chosen will affect personal identity.‘Temporal Phase Pluralism’ solves such problems by allowing that there can be a plurality of persons constituted by a sequence of person stages. This illuminates difficult decision making problems when (...) persons have to choose between different life-altering choices. (shrink)

In [4], Kunen used iterated ultrapowers to show that ifUis a normalκ-complete nontrivial ultrafilter on a cardinalκthenL[U], the class of sets constructive fromU, has only the ultrafilterU∩L[U] and this ultrafilter depends only onκ. In this paper we extend Kunen's methods to arbitrary sequencesUof ultrafilters and obtain generalizations of these results. In particular we answer Problem 1 of Kunen and Paris [5] which asks whether the number of ultrafilters onκcan be intermediate between 1 and 22κ. If there is a normalκ-complete ultrafilterUonκsuch (...) that {α <κ: α is measurable} ∈Uthen there is an inner model with exactly two normal ultrafilters onκ, and ifκis super-compact then there are inner models havingκ+ +,κ+or any cardinal less than or equal toκnormal ultrafilters.These methods also show that several properties ofLwhich had been shown to hold forL[U] also hold forL[U]: using an idea of Silver we show that inL[U] the generalized continuum hypothesis is true, there is a Souslin tree, and there is awell-ordering of the reals. In addition we generalize a result of Kunen to characterize the countaby complete ultrafilters ofL[U]. (shrink)

Colors are of philosophical interest for two kinds of reason. One is that colors comprise such a large and important portion of our social, personal and epistemological lives and so a philosophical account of our concepts of color is highly desirable. The second reason is that trying to fit colors into accounts of metaphysics, epistemology and science leads to philosophical problems that are intriguing and hard to resolve. Not surprisingly, these two kinds of reasons are related. The fact that colors (...) are so significant in their own right, makes more pressing the philosophical problems of fitting them into more general metaphysical and epistemological frameworks. (shrink)

According to Brentano's theory of boundaries, no boundary can exist without being connected with a continuum. But there is no specifiable part of the continuum, and no point, which is such that we may say that it is the existence of that part or of that point which conditions the boundary. - An adequate theory of the continuum must now recognize that boundaries be boundaries only in certain directions and not in others. This leads to consequences in other areas, too.

Mentalistic (or Lockean) accounts of personal identity are normally formulated in terms of causal relations between psychological states such as beliefs, memories, and intentions. In this paper we develop an alternative (but still Lockean) account of personal identity, based on phenomenal relations between experiences. We begin by examining a notorious puzzle case due to Bernard Williams, and extract two lessons from it: first, that Williams's puzzle can be defused by distinguishing between the psychological and phenomenal approaches, second, that so far (...) as personal identity is concerned, it is phenomenal rather than psychological continuity that matters. We then consider different ways in which the phenomenal approach may be developed, and respond to a number of objections. That with which the consciousness of this present thinking thing can join itself, makes the same person, and is one self with it, and with nothing else; and so attributes to itself and owns all the actions of that thing, as its own, as far as that consciousness reaches, and no farther; as every one who reflects will perceive. Locke, Essay Concerning Human Understanding [II.xxvii.17]. (shrink)

A normative criterion identifying the conditions for a desirable corporate reputation, “reputational optimality,” or “reputational bliss,” is described, and a case developed for its utility and reasonableness as a criterion to apply to real world phenomena. The paper discusses some behavioral patterns under alternative moral positions taken by observers and the firm, critiques some alternative moral principles, and considers some dynamics of moving toward, defending and maintaining, and breaching or breaking reputational bliss.

A milestone in Wittgenstein scholarship, this collection of essays ranges over a wide area of the philosopher's thought, presenting divergent interpretations of his fundamental ideas. Different chapters raise many of the central controversies that surround current understanding of the Tractatus, providing an interplay that will be particularly useful to students. Taken together, the essays present a broader and more comprehensive view of Wittgenstein's intellectual interests and his impact on philosophy than may be found elsewhere.The thirteen chapters treat topics from both (...) periods of Wittgenstein's work: More than half are devoted to his early thought, the Tractatus Logico-Philosophicus of 1921, reflecting a growing interest today among philosophers in reexamining this seminal book, while three chapters treat the Philosophical Investigations, published posthumously in 1953. The remaining chapters discuss such "nonstandard" topics as philosophy of religion, aesthetics, and anthropology.Contents: The Early Wittgenstein and the Middle Russell, Kenneth Blackwell; Frege and Wittgenstein, Michael Dummett; Wittgenstein and the Theory of Types, Hide Ishiguro; The So-called Realism of Wittgenstein's Tractatus, Brian McGuinness; The Logical Independence of Elementary Propositions, David Pears; The Rise and Fall of the Picture Theory, Peter Hacker; The Picture Theory and Wittgenstein's Later Attitude to It, Erik Stenius; Wittgenstein's Early Philosophy of Mind, Anthony Kenny; A Theory of Language?, G. E. M. Anscombe; Im Anfang war die Tat, Peter Winch; Wittgenstein's Full Stop, D. Z. Phillips; Quote: Judgments from Our Brain, Paul Ziff; Wittgenstein and the Fire Festivals, Frank Cioffi, Index.Irving Block is Associate Professor in the Philosophy Department at The University of Western Ontario. (shrink)

Bioethics became applied ethics when it was assimilated to moral philosophy. Because deduction is the rationality of moral philosophy, subsuming facts under moral principles to deduce conclusions about what ought to be done became the prescribed reasoning of bioethics, and bioethics became a theory comprised of moral principles. Bioethicists now realize that applied ethics is too abstract and spare to apprehend the specificity, particularity, complexity and contingency of real moral issues. Empirical ethics and contextual ethics are needed to incorporate these (...) features into morality, not just bioethics. The relevant facts and features of problems have to be identified, investigated and framed coherently, and potential resolutions have to be constructed and assessed. Moreover, these tasks are pursued and melded within manifold contexts, for example, families, work and health care systems, as well as societal, economic, legal and political backgrounds and encompassing worldviews. This naturalist orientation and both empirical ethics and contextual ethics require judgment, but how can judgment be rational? Rationality, fortunately, is more expansive than deductive reasoning. Judgment is rational when it emanates from a rational process of deliberation, and a process of deliberation is rational when it uses the resources of non-formal reason: observation, creative construction, formal and informal reasoning methods and systematic critical assessment. Empirical ethics and contextual ethics recognize that finite, fallible human beings live in complex, dynamic, contingent worlds, and they foster creative, critical deliberation and employ non-formal reason to make rational moral judgments. (shrink)

"I have come to think that the laws of physics are real because my experience with the laws of physics does not seem to me to be very different in any fundamental way from my experience with rocks. For those who have not lived with the laws of physics, I can offer the obvious argument that the laws of physics as we know them work, and there is no other known way of looking at nature that works in anything like (...) the same sense.". (shrink)

Many population axiologies avoid the Repugnant Conclusion by endorsing Superiority: some number of great lives is better than any number of mediocre lives. But as Nebel shows, RC follows from the Intrapersonal Repugnant Conclusion: a guaranteed mediocre life is better than a sufficiently small probability of a great life. This result is concerning because IRC is plausible. Recently, Kosonen has argued that IRC can be true while RC is false if small probabilities are discounted to zero. This article details the (...) unique problems created by combining Superiority with discounting. The resultant view, Superiority Discounting, avoids the Repugnant Conclusion only at the cost of the Preposterous Conclusion: near-certain hell for arbitrarily many people is better than near-certain heaven for arbitrarily many people. (shrink)

Consciousness exists in time, but time is also to be found within consciousness: we are directly aware of both persistence and change, at least over short intervals. On reflection this can seem baffling. How is it possible for us to be immediately aware of phenomena which are not (strictly speaking) present? What must consciousness be like for this to be possible? In "Stream of Consciousness" I argued that influential accounts of phenomenal temporality along the lines developed by Broad and Husserl (...) were fundamentally flawed, and proposed a quite different account: the overlap model. While recognizing that the latter has merits, Gallagher argues that it too is fundamentally flawed; he also takes issue with some of my claims concerning Broad and Husserl. My reply comes in three main parts. I start by clarifying my use of certain terms, in particular realism and anti-realism as applied to theories of phenomenal temporality in general, and the accounts of Broad and Husserl in particular. I then turn to Gallagher’s main criticisms of the overlap theory. Gallagher argues that the theory is sunk by a problem with ongoing contents, that if our experience possessed the structures I ascribe to it, we would be aware of contents as having longer durations than is actually the case. I suggest otherwise: the version of the overlap theory which is afflicted by this difficulty is not the version I put forward, as becomes clear when two distinct forms of overlap are distinguished. Gallagher is also concerned that the theory lacks phenomenological grounding, and has difficulties with experiential holism. The latter worry, I argue, is completely misplaced. While the former has more warrant, it too is rooted in a misconception: the overlap theory was intended only to provide an account of the most basic sensory components of our short-term experience of temporality, and can easily be expanded to accommodate other aspects. I supply a sketch an augmented theory to back up this claim. I conclude with an assessment of the intentional account of time-consciousness Gallagher ascribes to Husserl. A meaning-based account of this kind is incapable of accounting for experienced sensory continuity, or so I argue. I also suggest that both Broad and Husserl may have had leanings towards the Simple Conception of consciousness. -/- . (shrink)

Biomedical research is increasingly a matter of the navigation through large computerized information resources deriving from functional genomics or from the biochemistry of disease pathways. To make such navigation possible, controlled vocabularies are needed in terms of which data from different sources can be unified. One of the most influential developments in this regard is the so-called Gene Ontology, which consists of controlled vocabularies of terms used by biologists to describe cellular constituents, biological processes and molecular functions, organized into hierarchies (...) via the relation of class subsumption. Here we seek to provide a rigorous account of the logic of classification that underlies GO and similar biomedical ontologies. Drawing on Aristotle, we develop a system of axioms and definitions for the treatment of biological classes and instances. (shrink)

According to many forms of Externalism now popular in the Philosophy of Mind, the contents of our thoughts depend in part upon our physical or social milieu.1 These forms of Externalism leave unchallenged the thesis that the ~non-factive! attitudes we bear towards these contents are independent of physical or social milieu. This paper challenges that thesis. It is argued here that publicly forwarding a content as a supposition for the sake of argument is, under conditions not themselves guaranteeing the existence (...) of that state, sufficient for occupancy of the intentional state of supposing that content. Because a saying may literally create an intentional state, whether one is in such a state does not depend solely upon how things are within one’s skin. Rather, even leaving content fixed, the attitude borne toward that content depends in part upon what norms are in force in one’s milieu. (shrink)

Many moral theories hold individuals responsible for their marginal impact on massive patterns (for instance overall value or equality of opportunity) or for following whichever rules would realise that pattern on the whole. But each of these injunctions is problematic. Intuitively, the first gives individuals responsibility for too much, and the second gives them responsibility for too little. I offer the outlines of a new approach to ethics in collective action contexts. I defend a new collaborative principle that assigns recognisably (...) worthwhile responsibilities to agencies wherever possible. This principle supports a fractal model of moral responsibility, one that favours restructuring divisions of labour in ways that enhance the prospects of recognition at every level of social organisation. This essay is programmatic: starting from a conjecture about the moral significance of recognition, it sketches a new way of approaching a range of collective action problems that combines the importance of the perspectives of both moral and political philosophy. (shrink)

Ordinary language analysis can be used to illustrate usage that is involved with morality in an African culture and thereby systematic thinking about ethical issues that are relevant to academic philosophy.