Explores the impact of expert witnessing on the integrity of forensic scientific information. Complaints on the behavior of expert witnesses; Factors stimulating the susceptibility of experts to abandon their scientific integrity; Implications of the reliance of expert witnesses on ethics codes.

We examined the dilemmas posed by the involvement of expert witnesses in court cases and the institutional constraints on the ethics of expert testimony. The causes for the incorporation of bad science into legal decisions, potential solutions to this dilemma, and the limitations of these solutions are considered. We concluded that law, science, and experts must respond to the problems posed by expert witnessing.

Psychiatric residents and psychiatrists have little difficulty in making judgments about a clinical course of action to take with patients. However, making ethical clinical decisions is more challenging, because psychiatric residents are usually provided little formal training in ethics. Further, many ethical dilemmas are complex, requiring knowledge of the psychiatric profession's ethics code, moral principles, law, and practice standards and of how they should be weighed in the decision-making process. The purpose of this article is to demonstrate this complexity in (...) regard to the identification of potential ethical dilemmas, understanding the issues that these dilemmas raise, and formulating potential solutions to them. Two common but important areas of treatment in which ethical dilemmas arise (informed consent and competence of care) are used as examples for our presentation. The article demonstrates that to successfully engage in ethical analysis in psychiatry is impossible without substantial formal training in the process. (shrink)

This article provides an overview of current and prospective ethical issues facing commercial (as opposed to leisure) travel agents. Industry wide ethical issues include conflicting pressures from suppliers and clients, competency requirements for agents and misleading advertising and sales claims (vaporware in industry jargon). Issues with travel suppliers include calculation and payment of commissions, fare loopholes, frequent flyer plans and the use and abuse of benefits directed to individual employees. Issues with corporate clients of travel agents include hidden preferred (...) carriers or suppliers, client pressure to use fare loopholes and hidden relationships with corporate travel consultants. Future issues include protecting client privacy, free riding, and divergent international business practices. (shrink)

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.

Legal decision-making emphasizes, in a very self-conscious way, the justificatory significance of reasons. This paper argues that the obligation to provide reasons for choices, which must be articulated and structured around a set of generally shared and publicly comprehensible categories of thought, can serve to make the space of possible choices ‘concept sensitive’ in a very useful way. In particular, concept sensitivity has the effect of restricting certain movements within the choice space so that some of the systematic difficulties in (...) achieving an equilibrium in social choice which arise out of an excess of rational doing are avoided. The resulting equilibrium is path dependent. But because it is dependent on a choice path which ‘makes sense’ (or is ordered by thought precisely because it is concept sensitive), it is not the sort of arbitary path-dependent social choice which originally concerned Kenneth Arrow. This paper illustrates these points with examples from criminal law procedure, contract law and constitutional law. (shrink)

Center for Humans and Nature, 109 West 77th Street, Suite 2, New York, NY 10024, USA. Tel.: 212 362 7170; Fax: 212 362 9592; Email: brucejennings{at}humansandnature.org ' + u + '@' + d + ' '//--> . Abstract A fundamental question for the ethical foundations of public health concerns the moral justification for limiting or overriding individual liberty. What might justify overriding the individual moral claim to non-interference or to self-realization? This paper argues that the libertarian justification for limiting individual (...) liberty known as the ‘harm principle’ or the ‘Millian paradigm’ is inadequate as a basis of public health ethics and policy. But simply pitting some collectivist value or utilitarian criterion over against individual liberty is not theoretically satisfactory, either. John Stuart Mill himself was not a Millian, in this sense, and his utilitarianism does not pit itself against individual liberty as a situation of balancing conflicting values. A reconsideration of Mill, particularly in light of the later work of Berlin on liberty, points toward a conception of relational liberty that is crucial for public health ethics because it contains within itself the basis for its own moral limitation. CiteULike Connotea Del.icio.us What's this? (shrink)

Many working in bioethics today are engaging in forms of normative interpretation concerning the meaningful contexts of relational agency and institutional structures of power. Using the framework of relational bioethics, this article focuses on two significant social practices that are significant for health policy and public health: the practices of solidarity and the practices of care. The main argument is that the affirming recognition of, and caring attention paid to, persons as moral subjects can politically motivate a society in three (...) respects. The recognition of solidarity and the attention of care can prompt progressive change toward a democratic willingness: (a) to provide for equal respect for rights and dignity; (b) to provide the social resources and services needed for just health and well‐being; and (c) to focus its creativity and wealth on the actualization of potential flourishing of each and all. Solidarity is discussed as a morally developmental stance that moves from standing up for another, standing up with another, and standing up as another. Care is discussed as a morally developmental stance that moves from the attentive rehabilitation of another, attentive companionship with and for another, and attentive commitment to another. (shrink)

Prolife theorists typically hold to the claim that all human beings possess equal moral status from conception and consequently possess a right to life. This, they believe, entails that abortion is impermissible in all circumstances. Critics characterize this as an extreme anti-abortion position, as it prima facie allows no exceptions, even in cases of rape. Here, I examine whether the prolife claim regarding equal moral status is compatible with a more attractive moderate stance that permits an exception in the case (...) of rape. I show that Judith Jarvis Thomson's analysis of rights can be used to modify the prolife position in this way, but that doing so involves concessions that prolife theorists are unlikely to find acceptable. (shrink)

Morphological elements, or structures, are sorted into four categories depending on their level of anatomical isolation and the presence or absence of intrinsically identifying characteristics. These four categories are used to highlight the difficulties with the concept of structure and our ability to identify or define structures. The analysis is extended to the concept of homology through a discussion of the methodological and philosophical problems of the current concept of homology. It is argued that homology is fundamentally a similarity based (...) concept rather than a phylogenetic concept, and a proposal is put forth to return to a comparative context for homology. It is shown that for both the concepts of structure and homology ana priori assumption of stable underlying patterns (i.e. archetypes) is essential. (shrink)

A comprehensive introductory study of the key concepts and problems in traditional and contemporary metaphysics. Aune presents and defends a point of view that is naturalistic, nominalistic and pragmatic-an approach that has the overall advantage of providing a coherent, structured view of the topics he discusses.

Heartbeat bills are laws prohibiting abortion in most circumstances once a fetal heartbeat can be detected, and are common in US states. They have been criticised as poorly designed and disingenuous. In this letter to the editor I examine these criticisms.

Innovation is fundamental to cumulative culture, allowing progressive modification of existing technology. The authors define innovation as an asocial process, uninfluenced by social information. We argue that innovation is inherently social – innovation is frequently the product of modifying others' outputs, and successful innovations are acquired by others. Research should target examination of the cognitive underpinnings of socially-mediated innovations.

Our essay will be focused in the epistolary relation that Elise Reimarus (1735-1805) maintained with Moses Mendelssohn (1729-1786) and F.H. Jacobi (1743-1819) because of the discussion begun by Jacobi after claiming G.E. Lessing (1729-1783) to be a “spinozist”. The analysis of Reimarus’ intervention will be divided in two parts: in the first one, we will shortly contextualize de discussion by giving the tenets of Lessing’s thought that justify Jacobi’s claim; secondly, we will offer an sketch of Elise’s biography in order (...) to proceed afterwards to judge her role within the debate. (i) By showing the way Elise took part in such intellectual affairs and (ii) by noting the relevance of her contributions, (iii) we will close the essay with a reflection on what tools and strategies are to be considered in order to include women when writing history of philosophy and thought. (shrink)

Performing reason: Mendelssohn on Judaism and enlightenment -- Jacobi and Mendelssohn: the tragedy of a messianic friendship -- In the year of the Lord 1800: Rosenzweig and the Spinoza quarrel -- Reinhold and Kant: the quest for a new religion of reason -- Beautiful life: Mendelssohn, Hegel, and Rosenzweig -- Mendelssohn, Rosenzweig, and political theology: beyond sovereign violence -- Beyond 1800: an immigrant Rosenzweig.

Bruce Ellis Benson puts forward the surprising idea that Nietzsche was never a godless nihilist, but was instead deeply religious. But how does Nietzsche affirm life and faith in the midst of decadence and decay? Benson looks carefully at Nietzsche's life history and views of three decadents, Socrates, Wagner, and Paul, to come to grips with his pietistic turn. Key to this understanding is Benson's interpretation of the powerful effect that Nietzsche thinks music has on the human spirit. Benson (...) claims that Nietzsche's improvisations at the piano were emblematic of the Dionysian or frenzied, ecstatic state he sought, but was ultimately unable to achieve, before he descended into madness. For its insights into questions of faith, decadence, and transcendence, this book is an important contribution to Nietzsche studies, philosophy, and religion. (shrink)

Defeasible rules are said to allow for the following two-staged sequence, viz., that p → q and yet p & r → not-q. This is puzzling because in the logic of conditionals the sufficiency of p for q cannot normally be undermined if one adds to the antecedent a further proposition r. Critics argue that the better approach to comprehending defeasibility is explicitly to represent the limiting factor r in a single-stage articulation of the rule, viz., as p & not-r (...) → q. This is a more complete statement of the rule; where the old rule announced, confidently and without qualification, that in circumstances or class of cases p consequence q follows, the new rule admits from the outset that q only follows if we add the qualifier that limits the antecedent circumstances to the smaller class of cases p & not-r. This is not only more complete, the critics argue, it is also a more accurate or truthful statement of the rule. The rule p → q, articulated at the first stage of the defeasible process, is only a pretender encountered along the way to this more complete truth. In this paper I show how, and why, contrary to the critics, the process of private law adjudication supports the multi-staged structure and representation of defeasible legal rules. What matters when one party makes a claim against another party is not so much that the claim is true (or even that it is advanced as a legitimate claim under the rule that is most likely to be true), but rather that the claim is of the sort that the party can justifiably say is true. The latter, at least, is what carries the plaintiff past the initial burden of proof, and what calls for the defendant to reply if the plaintiff is not to carry the day. I illustrate the argument by way of the court’s reluctance in a tort case to entertain a purely statistical basis for a plaintiff’s claim that the defendant has caused her injury. Rather, the court will insist on direct evidence that appears to arise out of the particular circumstances of the case as the plaintiff alleges them to be, and even if, as a purely statistical matter, the latter sort of claim is less likely to be true than the claim grounded in pure statistical likelihood. I relate this argument for defeasible rules (and against rules that are more truthful) to some important arguments offered by the philosopher Stephen Darwall in his recent book The Second Person Viewpoint. Private law’s defeasible rules, I argue, capture the special respect (and interpersonal accountability) that attaches only to rights arising out of “second personal” claiming (and counterclaiming) and which are not realizable merely as a matter of “third personal” (moral) truth. (shrink)

I explore various ways in which the karma we create is believed to affect our environment, which in turn is instrumental in rewarding or punishing us according to our just deserts. I argue that the problem of explaining naturalistically the causal operation of the law of karma and of accounting for the precise moral calculation it requires point to the necessity of a theistic administrator. But this option faces a serious dilemma when attempting to specify the relation of God to (...) the law of karma. (shrink)

Recognition of legal personhood in contemporary international and domestic law is a matter of signs. Those signs identify the existence of the legal person: human animals, corporations and states. They also identify facets of that personhood that situate the signified entities within webs of rights and responsibilities. Entities that are not legal persons lack agency and are thus invisible. They may be acted on but, absent the personhood that is communicated through a range of indicia and shapes both legal and (...) popular understanding of powers and obligations, they lack standing in judicial fora. They are signified as entities that are the subjects of action by legal persons, for example exploitation through rights regarding natural resources or commodification of ‘wild’, companion and other non-human animals. They are also signified as members of a diverse class of non-persons such as ‘nature’ and ‘the environment’. This article explores the consequences of law’s signification of personhood and the natural world before asking whether we both should and could recognise domains such as specific rivers, forests or even Antarctica as a type of legal person. Recognition might acknowledge the salience of nature in the ontologies of colonised First Peoples. It might also underpin a global response to climate change as the existential crisis of the Anthropocene. In understanding law as a matter of signifiers and syntaxes the article cautions that ostensible recognition of some domains as persons has been aspirational rather than substantive, with observers misreading the sign as necessarily transforming power relationships. The article also cautions that personhood for nature or particular domains may be contrary to the self-determination of colonised First Peoples. (shrink)

This chapter contains sections titled: A‐theories, T‐theories, and P‐theories Problems with A‐theories and T‐theories Predication Advantages of P‐theories A New Look at Some Old Examples What are Concepts? Some Problems about DSTs More about Concepts The Plausibility of the P‐theory.

An analysis of the use of "necessary" in the cosmological argument reveals that the criticism of it, i.e., that its conclusion is self-contradictory because no existential proposition can be logically necessary, is due to the mistaken contention that the necessity involved is logical rather than conditional necessity.

I explore two positions on divine goodness: God is good because of his nature or is good because of his acts. The first is advanced by Thomas Aquinas through two basic arguments: that God is good because of his being as pure act, and that God is good because of God's desirableness. Goodness predicated because of being runs into conflict with divine freedom. The second leads to the view that God freely wills to do the good and as such could, (...) if he so chose, do evil. But though doing evil is a logical possibility, for God it is a moral impossibility, given his character and dispositions. I conclude by replying to four objections to this position. (1) If God deviated from the moral law, he would not be God. Hence, it is logically impossible for God to do wrong. (2) This view implies a standard of good independent of God. (3) We cannot term God as praiseworthy, for God is goodness itself. (4) That God is logically contingently good diminishes God's holiness. (shrink)