While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

Postmodernism, a poorly defined term, is nevertheless influencing art, architecture, literature and philosophy. And despite its definitional ambiguities, some philosophers see in postmodernism a reason for the rise and interest in business ethics. This view is challenged on two grounds: (I) its philosophical source in Europe; and (2) its vocabulary. Martin Heidegger, one of the major forces in postmodernism’s rise, left a confusing legacy. In his early years, Heidegger advocated moral subjectivism; in his later years, he argued that moral standards (...) could be found in the lives of human gods whose pronouncements would replace the precepts of a Western Civilization he found decadent.Contemporary postmodernism seems to take inspiration from the views of both the younger and older Heidegger even though he, himself, saw contradictions between them. The confusion is compounded by incorporation of Neitzsche’s God-is-dead thesis into Heideggerian thought, thereby, confronting philosophers with a dilemma: if God is out of the picture, and if objective rules derived from human nature do not exist, what human gods can lead us? Will they come from a political or cultural elite? How should we know them? Why should we trust them? Unless-and until-these questions are answered, it is unwise to build business ethics on a postmodern foundation.Another-and seemingly insignificant-reason for rejecting postmodernism ethics is the esoteric vocabulary used by its expositors to advance it. More jargon will not help philosophers who try to respond to moral questions raised by business managers themselves. (shrink)

During an outbreak or pandemic involving a novel disease such as COVID-19, infected persons may need to undergo strict medical isolation and be separated from their families for public health reasons. Such a practice raises various ethical questions, the characteristics of which are heightened by uncertainties such as mode of transmission and increasingly scarce healthcare resources. For example, under what circumstances should non-infected parents be allowed to stay with their infected children in an isolation facility? This paper will examine ethical (...) issues with three modes of “family presence” or “being there or with” a separated family member during the current COVID-19 pandemic: physical, virtual, and surrogate. Physical visits, stays, or care by family members in isolation facilities are usually prohibited, discouraged, or limited to exceptional circumstances. Virtual presence for isolated patients is often recommended and used to enable communication. When visits are disallowed, frontline workers sometimes act as surrogate family for patients, such as performing bedside vigils for dying patients. Drawing on lessons from past outbreaks such as the 2002-2003 SARS epidemic and the recent Ebola epidemic in West Africa, we consider the ethical management of these modes of family presence and argue for the promotion of physical presence under some conditions. (shrink)

The first thorough examination of C. Wright Mills's intellectual roots, this book also is the first to present Mills's full analysis in his unpublished as well as published writings of the work of his precursors, mentors, and critics. Mills' intellectual line of descent is traced from the American institutional economists, especially Thorstein Veblen and Clarence Ayres, and the American pragmatists, especially John Dewey and George H. Mead—an evolution influenced though not determined by ideas from Europe. Always the critic and (...) gadfly, Mills subjected all theories to his special brand of analysis and synthesis. For example, his books on U.S. social stratification are seen by Tilman as a trilogy updating Veblen with ideas from the pragmatists, spiced with a good bit of Max Weber but very little Man. Power, his other chief concern, also was subjected to his creative American eclecticism. As a lifelong seeker of knowledge, Mills studied the great European social thinkers—notably Marx, Mosca, Pareto, Michels, Weber, Mannheim, and Freud—until his untimely death. Explaining Mills's self-description as a "plain Marxist," Tilman writes that it "amounted to little more than a willingness to use Marx's values, vocabulary, and model when these seemed relevant and to ignore them when they did not." Regarding alleged affinities between Freud and Mills, Tilman argues these were "tenuous at best and, although the linkage with the neo-Freudians was stronger, Mills remained critical of Homey and Fromm because they had "not succeeded in entirely overcoming Freud's biological metaphysic." Although the American radical tradition is complex and varied, the heritage that most influenced Mills, Tilman contends, contains elements of evangelical Protestantism and of liberal pragmatism. "It was Charles Wright Mills more than any other thinker in recent years," he concludes, "who synthesized these strands of thought and then wove them into an authentic American radical theory.". (shrink)

Narrative analysis is well established as a means of examining the subjective experience of those who suffer chronic illness and cancer. In a study of perceptions of the outcomes of treatment of cancer of the colon, we have been struck by the consistency with which patients record three particular observations of their subjective experience: the immediate impact of the cancer diagnosis and a persisting identification as a cancer patient, regardless of the time since treatment and of the presence or absence (...) of persistent or recurrent disease; a state of variable alienation from social familiars, expressed as an inability to communicate the nature of the experience of the illness, its diagnosis and treatment; and a persistent sense of boundedness, an awareness of limits to space, empowerment and available time. These subjectivities were experienced in varying degree by all patients in our study. Individual responses to these experiences were complex and variable. The experiences are best understood under the rubric of a category we call “liminality”. We believe that all cancer patients enter and experience liminality as a process which begins with the first manifestations of their malignancy. An initial acute phase of liminality is marked by disorientation, a sense of loss and of loss of control, and a sense of uncertainty. An adaptive, enduring phase of suspended liminality supervenes, in which each patient constructs and reconstructs meaning for their experience by means of narrative. This phase persists, probably for the rest of the cancer patient’s life. The experience of liminality is firmly grounded in the changing and experiencing body that houses both the disease and the self. Insights into the nature of the experience can be gained from the Existentialist philosophers and from the history of attitudes to death. Understanding liminality helps us to understand what it is that patients with cancer seek from the system to which they turn for help. Its explication should therefore be important for those who provide health care, those who educate health care workers and those concerned to study and use outcomes as administrative and policy making instruments. (shrink)

This book explores the political, economic, social, and environmental health relations and politics of the global tech and electronics industry. Peter Little argues that, in the digital age, we need greater synthesis of political ecology, ethnography, and technocapital critique.

High-dose chemotherapy and autologous stem cell transplantation is used to treat some advanced malignancies. It is a traumatic procedure, with a high complication rate and significant mortality. ASCT patients and their carers draw on many sources of information as they seek to understand the procedure and its consequences. Some seek information from beyond orthodox medicine. Alternative beliefs and practices may conflict with conventional understanding of the theory and practice of ASCT, and ‘contested understandings’ might interfere with patient adherence to the (...) strict and demanding protocols required for successful ASCT.The present study, conducted in Sydney, Australia, examines narrative-style interviews with 10 sequentially recruited ASCT patients and nine of their carers conducted at the time of transplant and three months later. Transcripts were read for instances of mention of alternative advice, and for instances of contested understanding of information relevant to the transplant.Patients and carer pairs expressed closely concordant views about alternative advice. Five pairs were consulting alternative practitioners. Contested understanding was expressed in four domains—understandings of the transplant itself and its underlying theory, of the relationship between the components of the ‘transplant’, of the nature and role of stem cells, and of beliefs about bodily function and life-style. Contested understandings of the transplant treatment were expressed as predominantly personal interpretations of orthodox informationPatients and carers seemed to recognise that alternative and conventional systems were discordant, yet they were able to separate the two, and adhere to each practice without prejudicing their medical treatment. A single case of late, post-transplant repudiation of Western medicine is discussed to emphasise some of the possible determinants of dissonance when it does occur. (shrink)

Illness narratives from patients with colorectal cancer commonly record patterns of change in social relationships that follow the diagnosis and treatment of the condition. We believe that these changes are best explained as a process of facework, which reflects losses of face on the part of the patient, and which assists in the creation of new faces that convey new senses of identity. Facework is familiar in the work by E. Goffman (1955) and has been extensively reworked since his time. (...) There is considerable agreement that face is a pervasive and universal constituent of all social interaction, and that it expresses the subject's view of the way he or she would like to be considered by others in interactions. Ho's concept of multiple faces negotiated dynamically according to social context is particularly useful in understanding the purpose and techniques of facework (D. Y.-F. Ho, 1994). We propose a model of face that uses dignity as the face-expression of personal attributes and acquisitions, and honor as the face-expression of systemic capabilities and attainments. This model can be used to examine individual variations in response and adaptation to colon cancer and its treatment, and it provides a useful means of teaching health care workers about the experience of illness. (shrink)

Discourse communities are groups of people who share common ideologies, and common ways of speaking about things. They can be sharply or loosely defined. We are each members of multiple discourse communities. Discourse can colonize the members of discourse communities, taking over domains of thought by means of ideology. The development of new discourse communities can serve positive ends, but discourse communities create risks as well. In our own work on the narratives of people with interests in health care, for (...) example, we find that patients speak of their illness experiences as victims of circumstance; policy makers construct adverse experiences and challenges as opportunities to be taken; health care workers speak from a mixed perspective, seeing themselves as both victims and opportunists depending on context. To be trapped within the discourse of a particular community is to put at risk the ability to communicate across discourses. Membership of a discourse community can impair the habit of critique, and deny opportunities for heteroglossic discourse. Privileging critique as a mode of discourse perhaps might define the ethical community, suggesting that ethical community may be an antidote to the constraining effects of conventional discourse community. (shrink)

Mating motivation likely plays a role in bias to attractive individuals, but there are other complementary theories drawn from the evolutionary literature related to competition, friendship, and leadership selection that also make relevant predictions concerning biases towards attractive individuals. The relative balance of these factors will be context dependent and so help explain why the pattern of bias is sometimes variable.

More's Latin reply to Bugenhagen, given here with a facing English translation, is a comparatively brief but intense rebuttal of the principal points of Lutheran teaching concerning scripture ant tradition, faith and works, grace and free will, clerical celibacy, and the sacraments. It presents arguments elaborated at much greater length in More's other polemical works. _Supplication of Souls_ refutes _A Supplication for the Beggars_, an anticlerical pamphlet by Simon Fish which Henry VIII seems to have regarded with some favor. More (...) places his response in the mouths of the souls in purgatory. In the first book, he contemptuously demolished Fish's loose railery with accurate statistics and historical analysis. In the second, he defends the traditional doctrine of purgatory with brief arguments drawn from reason and a detailed analysis of scriptural passages. _Letter against Frith_ answers John Frith's Zwinglian arguments against the physical presence of Christ in the more. Written to an unknown correspondent, it is the briefest and mildest of More's polemical works and anticipates arguments presented moer elaborately in More's _The Answer to a Poisoned Book_. Besides full introductions and commentaries, a glossary, and an index, this volume contains seven appendices giving the works to which More is replying and other thematic, historical, and bibliographical matter closely related to the three works by More. (shrink)

Self-resemblance has been found to have a context-dependent effect when expressing preferences for faces. Whereas dissimilarity preference during mate choice in animals is often explained as an evolutionary adaptation to increase heterozygosity of offspring, self-resemblance can be also favored in humans, reflecting, e.g., preference for kinship cues. We performed two studies, using transformations of facial photographs to manipulate levels of resemblance with the rater, to examine the influence of self-resemblance in single vs. coupled individuals. Raters assessed facial attractiveness of other-sex (...) and same-sex photographs according to both short-term and long-term relationship contexts. We found a preference for dissimilarity of other-sex and same-sex faces in single individuals, but no effect of self-resemblance in coupled raters. No effect of sex of participant or short-term vs. long-term attractiveness rating was observed. The results support the evolutionary interpretation that dissimilarity of other-sex faces is preferred by uncoupled individuals as an adaptive mechanism to avoid inbreeding. In contrast, lower dissimilarity preference of other-sex faces in coupled individuals may reflect suppressed attention to attractiveness cues in potential alternative partners as a relationship maintenance mechanism, and its substitution by attention to cues of kinship and psychological similarity connected with greater likelihood of prosocial behavior acquisition from such persons. (shrink)

In 1958, economist A. W. Phillips published an article describing what he observed to be the inverse relationship between inflation and unemployment; subsequently, the "Phillips curve" became a central concept in macroeconomic analysis and policymaking. But today's Phillips curve is not the same as the original one from fifty years ago; the economy, our understanding of price setting behavior, the determinants of inflation, and the role of monetary policy have evolved significantly since then. In this book, some of the top (...) economists working today reexamine the theoretical and empirical validity of the Phillips curve in its more recent specifications. The contributors consider such questions as what economists have learned about price and wage setting and inflation expectations that would improve the way we use and formulate the Phillips curve, what the Phillips curve approach can teach us about inflation dynamics, and how these lessons can be applied to improving the conduct of monetary policy. ContributorsLawrence Ball, Ben Bernanke, Oliver Blanchard, V. V. Chari, William T. Dickens, Stanley Fischer, Jeff Fuhrer, Jordi Gali, Michael T. Kiley, Robert G. King, Donald L. Kohn, Yolanda K. Kodrzycki, Jane Sneddon Little, Bartisz Mackowiak, N. Gregory Mankiw, Virgiliu Midrigan, Giovanni P. Olivei, Athanasios Orphanides, Adrian R. Pagan, Christopher A. Pissarides, Lucrezia Reichlin, Paul A. Samuelson, Christopher A. Sims, Frank R. Smets, Robert M. Solow, Jürgen Stark, James H. Stock, Lars E. O. Svensson, John B. Taylor, Mark W. Watson. (shrink)

In this commentary we suggest that Fincher & Thornhill's (F&T's) parasite-stress theory of social behaviors and attitudes can be extended to mating behaviors and preferences. We discuss evidence from prior correlational and experimental studies that support this claim. We also reanalyze data from two of those studies using F&T's new parasite stress measures.

U.S. researchers and scholars often point to two legal factors as significant obstacles to the inclusion of pregnant women in clinical research: the Department of Health and Human Services’ regulatory limitations specific to pregnant women's research participation and the fear of liability for potential harm to children born following a pregnant woman's research participation. This article offers a more nuanced view of the potential legal complexities that can impede research with pregnant women than has previously been reflected in the literature. (...) It reveals new insights into the role of legal professionals throughout the research pathway, from product conception to market, and it highlights a variety of legal factors influencing decision-making that may slow or halt research involving pregnant women. Our conclusion is that closing the evidence gap created by the underrepresentation and exclusion of pregnant women in research will require targeted attention to the role of legal professionals and the legal factors that influence their decisions. (shrink)

The ninth volume of the new edition of the Opera omnia of Erasmus is the third tome of the fourth ordo 'moralia continens' and entirely devoted to the edition of the Moriae encomium by Clarence H. Miller. It was Erasmus' own wish that the Moriae encomium should be published under this 'ordo'; v. Ep. I to Botzheim, 30 January 15 2 3, p. 40, II. 9-10; and Ep. 2283 to Boece, 15 March 1530, 1. 1°4. For the editorial principles (...) of the new Erasmus edition we refer the reader to the General introduction of volume 1,1 and to the Prefaces of the other volumes published until now. To our deep regret we have to report the death of Professor S. L. Greenslade, a member ofthe 'Conseil International', and of Professor Myron P. Gilmore. The passing away of these eminent scholars and devoted friends of our new edition is a heavy loss to our project. As new members of the 'Conseil International' were elected C. Augustijn, Amsterdam, Ch. Bene, Grenoble, V. Branca, Venice, Mrs. M. Cytowska, Warsaw, F. Heinimann, Basle. The editorial board was also enlarged; the new membres are: C. L. Heesakkers, Leyden, H. J. de Jonge, Leyden, J. Trapman, The Hague Ooint-Secretary). The editorial board and the editor of the present volume thank all libraries who put books, photostats, microfilms and bibliographical material at their disposal. Referring to the copyright notice on the verso of the title page, and to the agreements made with the authors, the editorial board feels bound to repeat that no part of the volumes which have appeared or will appear under its responsibility can be published without prior permission of the copyright owner. (shrink)

Avoiding whinges from various and potentially conflicting stakeholders is a major challenge for sustainable development and for the identification of sustainability scenarios or policies for biodiversity and ecosystem services. It turns out that independently complying with whinge thresholds and constraints of these stakeholders is not sufficient because dynamic ecological-economic interactions and uncertainties occur. Thus more demanding no whinge standards are needed. In this paper, we first argue that these new boundaries can be endogenously exhibited with the mathematical concepts of viability (...) kernel and viable controls. Second, it is shown how these no whinge kernels have components, such as harvesting of resources, that should remain within safe corridor while some other components, in particular biodiversity, have only lower conservation limits. Thus, using radar charts, we show how this no whinge kernels can take the shape of a tree that we name viability tree. These trees of viability capture the idea that the unbounded renewal potential of biodiversity combined with a bounded use of the different ecosystem services are crucial ingredients for the sustainability of socio-ecosystems and the design of no whinge policies reconciling the different stakeholders involved. (shrink)

Saint Thomas More’s _Utopia_ is one of the most important works of European humanism and serves as a key text in survey courses on Western intellectual history, the Renaissance, political theory, and many other subjects. Preeminent More scholar Clarence H. Miller does justice to the full range of More’s rhetoric in this masterful translation. In a new afterword to this edition, Jerry Harp contextualizes More’s life and _Utopia_ within the wider frames of European humanism and the Renaissance. “Clarence (...) H. Miller’s fine translation tracks the supple variations of More’s Latin with unmatched precision, and his Introduction and notes are masterly. Jerry Harp’s new Afterword adroitly places More’s wonderful little book into its broader contexts in intellectual history.”—George M. Logan, author of _The Meaning of More’s “Utopia”_ “Sir Thomas More's _Utopia_ is not merely one of the foundational texts of western culture, but also a book whose most fundamental concerns are as urgent now as they were in 1516 when it was written. Clarence H. Miller's wonderful translation of More's classic is now happily once again available to readers. This is the English edition that best captures the tone and texture of More's original Latin, and its notes and introduction, along with the lively afterward by Jerry Harp, graciously supply exactly the kinds of help a modern reader might desire.”—David Scott Kastan, Yale University. (shrink)

The active debate about the return of incidental or secondary findings in research has primarily focused on return to research participants, or in some cases, family members. Particular attention has been paid to return of genomic findings. Yet, research may generate other types of findings that warrant consideration for return, including findings related to the pathology of donated biospecimens. In the case of deceased biospecimen donors who are also organ and/or tissue transplant donors, pathology incidental findings may be relevant not (...) to family members, but to potential organ or tissue transplant recipients. This paper will describe the ethical implications of pathology incidental findings in the Genotype-Tissue Expression project, the process for developing a consensus approach as to if/when such findings should be returned, possible implications for other research projects collecting postmortem tissues and how the scenario encountered in GTEx fits into the larger return of results/incidental findings debate. (shrink)

Excerpt from The Pragmatic Element in Knowledge And whatever our concepts or meanings may be, there is a truth about them just as absolute and just as definite and certain as in the case of mathematics. In other fields we so seldom try to think in the abstract, or by pure logic, that we do not notice this. But obviously it is just as true. Wherever there is any set of interrelated concepts, there, quite apart from all questions of application (...) or the things we use them of, we have generated a whole complex array of orderly relations or patterns of meaning. And there must be a truth about these - a purely logical truth, in abstracto, and a truth which is certain apart from experience - even though this is only a part of the truth which we want to discover, and the rest of it is of a quite different sort which depends upon experience. Ordinarily we do not separate out this a'priori truth, because ordinarily we do not distinguish the purely logical significance of concepts from the application of words to sensible things. In fact it is only the mathematician who is likely to do this at all. But I should like to indicate that this separation is always possible and that it is important for the understanding of knowledge. To this end, let me use the term 'concept' for this element of purely logical meaning. We can then discriminate the conceptual element in thought as the element which two minds must have in common - not merely may have or do have but absolutely must have in common - when they understand each other. I suppose it is a frequent assumption that we are able to apprehend one another's meanings because our images and sensations are alike. But a little thought will Show that this assumption is very dubious. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Over the last decades, education has shifted more clearly to a learner-centered understanding, including particularly constructivism, leaving little room conceptually for a substantive role for the teacher. This article develops a Levinasian framework for understanding the teacher as other. It begins by exploring the spatial metaphors of Levinas’s idea of the teacher as transcendent but shifts to Levinas’s idea of time as instants (durations) that come to the ego as a gift from the future. The article employs these temporal (...) metaphors to understand better the transcendence of the teacher. (shrink)

C. L. Herrick; The Passing of Scientific Materialism: Atomism and the Ether., The Monist, Volume 15, Issue 1, 1 January 1905, Pages 46–86, https://doi.org/10.58.