_A concise history of “just price,” from Aristotle to the present day_ The question of what constitutes a fair price has been at the center of market interactions since the time of Aristotle. Should a seller sell to the highest bidder, or is there some other standard, such as a morally defined price, to be applied? Charles R. Geisst traces the ways that philosophers, religious leaders, and economists have sought to answer that question, from antiquity through the modern (...) era. Aristotle’s thinking on usury influenced the idea of pricing well into the Renaissance. In his view, money was barren and should not be used to beget more money. As trade became more extensive, the strictures placed on pricing by Aristotelian thinking began to fall away, replaced by Roman and common-law conceptions of value and interest. Geisst’s book follows the evolution of that thought—influenced along the way by figures such as Copernicus, Fibonacci, Adam Smith, Marx, Cassel, and Keynes—and charts parallel developments in European and Islamic notions of fair pricing. Today, pricing is seen as an economic inevitability, dictated by the laws of supply and demand. But this has not always been the case. As Geisst argues, the idea of a just price was once a moral concept, long before it was an economic one. (shrink)

Professor Flathman's main aim in this interesting paper is to set forth what we might call the “moderation thesis.” It holds that there may be occasions when the best thing to do, all things considered, is to violate a right – at least if the violation takes the form of what Flathman calls “civil encroachment” or “civil non-enforcement.” Moreover, it would be desirable, in a society whose practices include rights, for this belief to be generally accepted, so that those who (...) engaged with good reason in “civil encroachment” would receive the sympathetic support of the community. Let me begin by trying to explain the source of the problem to which this thesis is a response. As Flathman notes, rights have a discretionary character: if I have a right to do or to have something, it is up to me whether to do it or to have it. Having a right, I am entitled to make a choice. Since we cannot say, in advance, what choice I will make, we cannot say, in advance, what will be the state of the world after I make it. But since it seems plain that some states of the world are more desirable than others, it will always be possible that the consequences of my choice will be worse, on the whole, than the consequences of some other choice that I might have made but did not. To moderate rights is apparently to act in ways that redress or compensate for the undesirable results of their exercise. (shrink)

The collapse of historicism was not merely the demise of an academic tradition but signified a shift in the understanding of hermeneutics and metaphysics. Whereas earlier books have explored the rise and dominance of historicism within academic history, this is the first to trace its collapse and to show how it was shaped by larger philosophical and scientific concerns. Charles R. Bambach's lucid account of the demise of historicism within the context of German metaphysics provides a rich new perspective (...) on the development of the young Heidegger's concept of "historicity" and on the origins of postmodern thought. Bambach reconstructs the methodological debates arising from a pervasive sense of crisis among German philosophers in the late nineteenth century. He details the divergent attempts by the Neo-Kantians, Nietzsche, and Dilthey to overcome the limitations of historical relativism. Heidegger's view of "historicity," Bambach shows, radically transforms the problematic of historicism into a discourse concerning the crisis of philosophical modernity. (shrink)

This book is meant to help resolve a couple of uncertainties.

In this revised edition of his 1979 classic Political Theory and International Relations, Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a theory of international (...) politics should include a revised principle of state autonomy based on the justice of a state’s domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Nihilism, Nietzsche and the Doppelganger Problem Was Nietzsche a nihilist? Yes, because, like J. L. Mackie, he was an error-theorist about morality, including the elitist morality to which he himself subscribed. But he was variously a diagnostician, an opponent and a survivor of certain other kinds of nihilism. Schacht argues that Nietzsche cannot have been an error theorist, since meta-ethical nihilism is inconsistent with the moral commitment that Nietzsche displayed. Schacht’s exegetical argument parallels the substantive argument (advocated in recent years (...) by Wright and Blackburn) that Mackie’s error theory can’t be true because if it were, we would have to give up morality or give up moralizing. I answer this argument with a little bit of help from Nietzsche. I then pose a problem, the Doppelganger Problem, for the meta-ethical nihilism that I attribute to Mackie and Nietzsche. (If A is a moral proposition then not-A is a moral proposition: hence not all moral propositions can be false.) I solve the problem by reformulating the error theory and also deal with a variant of the problem, the Reinforced Doppelganger, glancing at a famous paper of Ronald Dworkin’s. Thus, whatever its demerits, the error theory, is not self-refuting, nor does it require us to give up morality. (shrink)

In his celebrated 'Good and Evil' (l956) Professor Geach argues as against the non-naturalists that ‘good’ is attributive and that the predicative 'good', as used by Moore, is senseless.. 'Good' when properly used is attributive. 'There is no such thing as being just good or bad, [that is, no predicative 'good'] there is only being a good or bad so and so'. On the other hand, Geach insists, as against non-cognitivists, that good-judgments are entirely 'descriptive'. By a consideration of what (...) it is to be an A, we can determine what it is to be a good A, even where the ‘A’ in question is ‘human being’. These battles are fought on behalf of naturalism, indeed, of an up-to-date Aristotelianism. Geach plans to 'pass' from the 'purely descriptive' man to good/bad man, and from human act to good/bad human act. I argue: (l) That the predicative 'good' does have a genuine sense and that it is a mistake to suppose that ‘good’ is a purely attributive adjective. This does not entail that the predicative good (as used by Moore) denotes a non-natural property, but his mistake, if any is metaphysical or ontological not conceptual. (2) That the attributive 'good' cannot be used to generate a naturalistic ethic. It is difficult to extract a set of biologically based requirements out of human nature that are a) reasonably specific; b) rationally binding or at least highly persuasive; and c) morally credible. -/- On the way I protest against Geach’s tendency to try to win arguments by affecting not to understand things. -/- My views to some extent anticipate those of Kraut in *Against Absolute Goodness*. (shrink)

In February 1993, Judge Charles R. Richey of the United States District Court issued a summary judgment in the case of Animal Legal Defense Fund, et al. v. The Secretary of Agriculture, et al. The decision, which was in favor of the Animal Legal Defense Fund, requires the U.S. Department of Agriculture to withdraw its current regulations governing exercise for dogs and the psychological well-being of nonhuman primates used for biomedical research and to issue new regulations containing only minimum, (...) measurable standards. Both plaintiffs and defendants contended that they were seeking the best interests of the laboratory animals. The issue at stake is whether animals are better protected if the government establishes limited minimal standards or is allowed to require institutions to provide additional standards, which will be judged on the basis of their effectiveness in maintaining healthy animals. The Court avoided this dispute, however, by placing primary emphasis on applying the Administrative Procedures Act and stating that it was merely interpreting the "plain meaning" of the Animal Welfare Act, as amended. In this article, arguments are presented for interpreting the law in a far more flexible way than Judge Richey did. The conclusion is also reached that there were no winners in the Animal Legal Defense Fund case and that the real losers are the laboratory animals. (shrink)

Shannon's theory lays the foundation for understanding the flow of information from world into brain: There must be a set of possible messages. Brain structure determines what they are. Many messages convey quantitative facts. It is impossible to consider how neural tissue processes these numbers without first considering how it encodes them.

Proponents of the view that social structures are ontologically distinct from the people in whose actions they are immanent have assumed that structures can stand in causal relations to individual practices. Were causality to be no more than Humean concomitance correlations between structure and practices would be unproblematic. But two prominent advocates of the ontological account of structures, Bhaskar and Giddens, have also espoused a powers theory of causality. According to that theory causation is brought about by the activity of (...) particulars, in the social psychological case, individuals of some sort. Consistence would demand that structure be those individuals. But neither Giddens nor Bhaskar wish to reify structure to the extent that would fit it for a role as a powerful particular. If only human beings can be powerful particulars in these contexts, the only way that structures can be real must be as properties of conversational interactions. Human action is social just in so far as people direct themselves to engage well in joint activities with others. (shrink)

The myth of the homeland -- The Nietzschean self-assertion of the German University -- The geo-politics of Heidegger's Mitteleuropa -- Heidegger's Greeks and the myth of autochthony -- Heidegger's "Nietzsche".

In lieu of an abstract, here is a brief excerpt of the content:Update on Waiving Informed Consent in Emergency ResearchCharles R. McCarthyMadam: The closing statement of my article on Waiving Informed Consent in Emergency Research published in the June 1995 issue of the Kennedy Institute of Ethics Journal was: "No doubt we shall hear more of this issue."Indeed, we have heard much more on this issue. (1) In May 1995, after my article had already gone to press, the Food and (...) Drug Administration (FDA) and the National Institutes of Health (NIH) jointly published a report on the Public Forum on Informed Consent in Clinical Research Conducted in Emergency Circumstances. (2) On July 26, 1995, the Department of Health and Human Services (HHS) published in the Federal Register a Notice of Action Related to Emergency Research Activity (60 FR 38353-54). This action constituted a waiver of the requirement to obtain prior informed consent from subjects, as required by the Department's Regulations for the Protection of Human Subjects (45 CFR 46), for one specific NIH-funded project under strictly defined circumstances. (3) On September 21, 1995, FDA published a proposed rule to amend its current informed consent regulations (21 CFR 50) to permit harmonization of federal policies on emergency research and to reduce confusion as to when such research can proceed without obtaining prior informed consent from research subjects. The proposed regulation provides a narrow exception to the requirement for obtaining and documenting informed consent from each human research subject.The HHS waiver (a harbinger of a proposed amendment to its regulations) and the FDA proposed rule are intended to be harmonized so that an Institutional Review Board (IRB) in compliance with one set of regulations relative to the waiver of informed consent will be, ipso facto, in compliance with the other set of regulations.In brief: The FDA proposed amendments will allow an IRB to waive informed consent in emergency situations when:1. The human subjects are in a life threatening condition;2. Obtaining informed consent is not feasible because: (i) the subjects will not be able to provide consent because of their medical condition, (ii) the intervention must be administered before consent from legally authorized representatives is feasible, (iii) there is no reasonable way to identify prospectively the individuals likely to become eligible for the research because the emergence of the condition to be studied cannot be predicted reliably in particular individuals; [End Page 385]3. The opportunity to participate is in the interest of the subjects because: (i) a life threatening situation necessitates intervention, (ii) the risk of the intervention is reasonable in the light of what is known about the medical condition and the patient, the risks and benefits of current therapy, if any, and what is known about the risks and benefits of the proposed intervention or activity;4. The research could not practicably be carried out without the waiver;5. Additional protection of the rights and welfare of the subjects will be provided including, at least: (i) consultation (which may include consultation carried out by the IRB itself) with representatives of the communities from which the subjects will be drawn, (ii) public disclosure prior to commencement of the study sufficient to describe the study and its risks and benefits, (iii) public disclosure of sufficient information following completion of the study to apprise the community and researchers of the study and its results, and (iv) the establishment of an independent data and safety monitoring board;6. The IRB has reviewed and approved an informed consent document for use with subjects or legal representatives in situations in which obtaining such consent may be feasible for some subjects.The preamble to the proposed amendments to the regulations and the amendments themselves contain much more information than is presented here. Readers are therefore encouraged to study the proposals carefully. The public comment period ended November 6, and the FDA is expected to issue a final rule in 1996.Charles R. McCarthyKennedy Institute of Ethics Georgetown University Washington, DCCopyright © 1995 The Johns Hopkins University Press... (shrink)

Philosophical attention to problems about global justice is flourishing in a way it has not in any time in memory. This paper considers some reasons for the rise of interest in the subject and reflects on some dilemmas about the meaning of the idea of the cosmopolitan in reasoning about social institutions, concentrating on the two principal dimensions of global justice, the economic and the political.

Throughout his philosophical career, Eric Voegelin had much to say about literature in both his published work and his private letters. Many of his most trenchant comments regarding the analysis of literature appear in his correspondence with critic Robert Heilman, and, through his familiarity with that exchange, Charles Embry has gained extraordinary insight into Voegelin’s literary views. _The Philosopher and the Storyteller_ is the first book-length study of the literary dimensions of Voegelin’s philosophy—and the first to use his philosophy (...) to read specific novels. Bringing to bear a thorough familiarity with both Voegelin and great literature, Embry shows that novels—like myths, philosophy, and religious texts—participate in the human search for the truth of existence, and that reading literature within a Voegelinian framework exposes the existential and philosophical dimensions of those works. Embry focuses on two key elements of Voegelin’s philosophy as important for reading literature: metaxy, the in-between of human consciousness, and metalepsis, human participation in the community of being. He shows how Voegelin’s philosophy in general is rooted in literary-symbolic interpretation and, therefore, provides a foundation for the interpretation of literature. And finally he explores Voegelin’s insistence that the soundness of literary criticism lies in the consciousness of the reader. Embry then offers Voegelinian readings that vividly illustrate the principles of this approach. First he considers Graham Swift’s _Waterland_ as an example of the human search for meaning in the modern world, then he explores the deformation and recovery of reality in Heimito von Doderer’s long and complex novel _The Demons,_ and finally he examines how Flannery O’Connor’s _The Violent Bear It Away_ mythically expresses the flux of divine presence in what Voegelin calls the Time of the Tale. _The Philosopher and the Storyteller_ unites fiction and philosophy in the common quest to understand our nature, our world, and our cosmos. A groundbreaking exploration of the connection between Voegelin and twentieth-century literature, this book opens a new window on the philosopher’s thought and will motivate readers to study other novels in light of this approach. (shrink)

James's Fairness in Trade seeks to offer an account of fair trade that is “internal” to an existing practice he describes as “mutual market reliance.” This paper distinguishes several senses of the distinction between “internal” and “external” that occur in the book and asks how, in its various senses, the distinction shapes and influences judgments about the fairness of the practice.

Hebb's conception of instinctive behavior permits the conclusion that it is just not human nature to be instinctive: while the ant brain is built for instinctive behavior, the human brain is built for intelligent behavior. Since drives cannot be instincts, even when a human driver becomes driven, human motives are not instincts either. This understanding allows us to dismiss the determinism of the old instinctivism found in Freud's bio-psychological unconscious, and of the new instinctivism, exemplified by Wilson's sociobiology. The latter (...) entails an explanatory shift from instincts to genes, in which the deterministic character of instincts is carried over to genes. Since genes are not instincts this is a mistake. (shrink)

Major topics: the nature and moral stutus of animals, animal experimentation and alternatives, use of animals for food, and environmental ethics. A bibliography of works historically important to animal rights and a list of 181 animal rights and animal welfare organizations worldwide enhance the book's usefulness. Annotation copyrighted by Book News, Inc., Portland, OR.

This new heuristic model of perceptual analysis raises interesting issues but in the end falls short. Its arguments are more in the Cartesian than Gestalt tradition. Much of the argument is based on setting up theoretical straw men and ignores well known perceptual and brain science. Arguments are reviewed in light of known physiology and traditional Gestalt theory.

This paper details a three-credit-hour undergraduate ethics course that was delivered using traditional, distance, and compressed formats. OLS 263: Ethical Decisions in Leadership is a 200-level course offered by the Department of Organizational Leadership and Supervision in the Purdue School of Engineering and Technology at Indiana University Purdue University Indianapolis (IUPUI). Students in engineering, technology, business, nursing, and other majors take the course. In an effort to determine student perceptions of course and instructor effectiveness, end-of-course student survey data were compared (...) using data from traditional, distance, and compressed sections of the course. In addition, learning outcomes from the final course project were evaluated using a standardized assessment rubric and scores on the course project. (shrink)

This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

l. There is an antinomy in Hare's thought between Ought-Implies-Can and No-Indicatives-from-Imperatives. It cannot be resolved by drawing a distinction between implication and entailment. 2. Luther resolved this antinomy in the l6th century, but to understand his solution, we need to understand his problem. He thought the necessity of Divine foreknowledge removed contingency from human acts, thus making it impossible for sinners to do otherwise than sin. 3. Erasmus objected (on behalf of Free Will) that this violates Ought-Implies-Can which he (...) supported with Hare-style ordinary language arguments. 4. Luther a) pointed out the antinomy and b) resolved it by undermining the prescriptivist arguments for Ought-Implies-Can. 5. We can reinforce Luther's argument with an example due to David Lewis. 6. Whatever its merits as a moral principle, Ought-Implies-Can is not a logical truth and should not be included in deontic logics. Most deontic logics, and maybe the discipline itself, should therefore be abandoned. 7. Could it be that Ought-Conversationally-Implies-Can? Yes - in some contexts. But a) even if these contexts are central to the evolution of Ought, the implication is not built into the semantics of the word; b) nor is the parallel implication built into the semantics of orders; and c) in some cases Ought conversationally implies Can, only because Ought-Implies-Can is a background moral belief. d) Points a) and b) suggest a criticism of prescriptivism - that Oughts do not entail imperatives but that the relation is one of conversational implicature. 8. If Ought-Implies-Can is treated as a moral principle, Erasmus' argument for Free Will can be revived (given his Christian assumptions). But it does not 'prove' Pelagianism as Luther supposed. A semi-Pelagian alternative is available. (shrink)

"The Moral Standing of States" is the title of an essay Michael Walzer wrote in response to four critics of the theory of nonintervention defended in "Just and Unjust Wars." It states a theme to which he has returned in subsequent work. Beitz offers four sets of comments.

In lieu of an abstract, here is a brief excerpt of the content:To Be or Not to Be:Waiving Informed Consent in Emergency ResearchCharles R. McCarthy (bio)The requirements for prior, legally authorized informed consent constitute a necessary condition for recruiting subjects into biomedical or behavioral research. However, informed consent requirements pose a serious problem for most research conducted in emergency care settings. For this reason, the Food and Drug Administration's (FDA) regulations governing investigational devices and the Department of Health and Human (...) Services' (HHS) regulations for the protection of human subjects allow narrow exceptions to the general requirements of informed consent. In a joint effort to clarify the applicability of the current FDA regulations and to better understand the intent of the HHS regulations as they apply to emergency research, the FDA and the National Institutes of Health (NIH) cosponsored a public forum on the ethical conduct of emergency research in January 1995.Although the forum was not designed as a consensus conference and participants vigorously disagreed on some of the details, a broad consensus emerged on several major points: (1) both HHS and FDA regulations should, in the immediate future, be interpreted to allow for randomized clinical trials in emergency situations so long as the subjects are carefully protected; and (2) consideration should be given to producing new, closely harmonized regulations from both agencies that will provide greater clarity concerning what kinds of emergency research may be allowed without obtaining prior informed consent.The FDA-NIH forum in January was occasioned primarily by controversy about the hypothermia research protocol described below, but it is obvious that many other kinds of emergency research also await the outcome of deliberations concerning waiver of informed consent in emergency situations. These include research into the care and treatment of: occlusive stroke; subarachnoid hemorrhage due to intracranial aneurysm; metabolic coma; status epilepticus; cardiac arrest; myocardial infarction; cardiac arrhythmia; hemorrhagic shock; pulmonary embolism; acute asthmatic attack; and poisoning. All of these conditions [End Page 155] are encountered in emergency settings where obtaining informed consent from the patient-subjects to participate in research is seldom possible, and obtaining consent from legally authorized representatives of the subjects is either not feasible, or, if obtained, is of doubtful validity.The Hypothermia Research Case and HHS RegulationsA $7.2 million grant for research on the use of hypothermia in the treatment of severe head trauma, the largest award ever made to the University of Texas Health Sciences Center at Houston, is in danger of expiring before the study is completed. The protocol, which involves the use of cooling blankets to induce hypothermia in patients suffering from severe head injuries, is designed to test the hypothesis that: "Early lowering of the body temperature of patients suffering from severe head trauma to approximately 91 degrees Fahrenheit will slow patients' metabolism and will/will not, as a consequence, reduce the rates of both morbidity and mortality in these patients." The protocol was approved by seven Institutional Review Boards (IRBs), each of which waived the requirement to obtain informed consent from research subjects in accordance with Sec. 46. 116(d) of the HHS Regulations for the Protection of Human Subjects.1However, NIH's Office for Protection from Research Risks (OPRR), which is responsible for assuring compliance with the HHS regulations, has taken a controversial regulatory position by requiring informed consent from a legally authorized representative of each subject to be entered in the hypothermia trial. Because the obtaining of surrogate consent has proved to be very difficult, OPRR's position has slowed the research to a point where it may have to be terminated.At issue in the controversy is a fundamental question of ethics and public policy. Is it ever permissible to involve incompetent subjects in research without either their consent, or the consent of their legally authorized representatives? Pertinent HHS regulations for the protection of human subjects seem to answer the question affirmatively by allowing local IRBs to waive some or all of the elements of informed consent under carefully limited circumstances (45 CFR 46 116(d)). Nevertheless, OPRR has signalled the research community that use of the informed consent waiver provision for the Houston hypothermia study is not permitted under the regulations. OPRR judged that the risks... (shrink)

The American Catholic Church has attempted to apply and extend the social teachings of the Universal Church in light of American conditions and political culture, most recently in the 1986 Pastoral Letter on Catholic Social Teaching and the U.S. Economy, promulgated after six: years of analysis, debate, and amendment. Moving from an emphasis on government responsibilities for economic well-being and social welfare to a family-centered social vision stressing mediating groups and voluntary service, the American Church asserted a perennial social doctrine (...) reaffirmed and extended in Pope John Paul II's Centesimus Annus. The latter calls on a century of experience that has demonstrated the failures of the bureaucratic state and "real socialism," the utility of a market economy in allocating resources efficiently, and the shift from a land-based social economy to one founded on knowledge and skill. (shrink)

This paper details efforts by the Purdue School of Engineering and Technology at Indiana University Purdue University Indianapolis to create a single instrument for honors science, technology, engineering and mathematics students wishing to demonstrate competence in the IUPUI Principles of Undergraduate Learning and Accreditation Board for Engineering and Technology Engineering Accreditation Criterion and Technology Accreditation Criterion 2, a through k. Honors courses in Human Behavior, Ethical Decision-Making, Applied Leadership, International Issues and Leadership Theories and Processes were created along with a (...) specific menu of activities and an assessment rubric based on PUL’s and ABET criteria to evaluate student performance in the aforementioned courses. Students who complete the series of 18 Honors Credit hours are eligible for an Honors Certificate in Leadership Studies from the Department of Organizational Leadership and Supervision. Finally, an accounting of how various university assessment criteria, in this case the IUPUI Principles of Undergraduate Learning, can be linked to ABET outcomes and prove student competence in both, using the aforementioned courses, menu of items, and assessment rubrics; these will be analyzed and discussed. (shrink)

Contemporary approaches to the science of communication and control show some striking conceptual parallels with traditional aristotelian-Thomistic thought and suggest the major themes treated in this study: (a) the intellectual validity and necessity of non-Empirical models of the universe, (b) the clarification of traditional concepts of "form" and "in-Form-Ation" brought by communications theory, (c) the relation of form to the sensible and intelligible "species", (d) possible modes of persistence of the individual human "psyche" as an integral information pattern unified in (...) a systemic whole by the "selfness" manifest in human consciousness. The concepts of "system" and "information" are employed to analyze formal hierarchical relations and evolutionary processes in terms of structural and functional complexity, Perception, Self-Regulation, And consciousness. (shrink)