By the middle of the nineteenth century science was developing into a profession demanding advanced training and devotion to research. American institutions, however, were still better suited to an earlier stage of popular science. Many of the difficulties and frustrations for would-be scientists created by the time lag in institutional change are illustrated in the career of Cleveland Abbe. In the fifteen years between 1856 and 1871 his attempts to become an astronomer touched upon many significant aspects of (...) American science as a profession, including the American observatory movement, the creation of graduate education, government support for science, and the tension between the joint goals of the increase and the diffusion of knowledge. (shrink)

Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and (...) that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Eco nomic Development's Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the "moral imperialism" argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States' enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and "grease" payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery. (shrink)

The devastating impact of the national opioid epidemic has given rise to hundreds of lawsuits. This article details the extremely broad range of legal claims, compares the opioid cases to other public health litigation efforts, including tobacco, and describes the special mechanism — a multidistrict litigation — through which more than 700 opioid-related cases have been consolidated thus far, with settlement almost certain to follow.

Spatial localization, often demarcated by food miles, has emerged as the dominant theme in movements for more socially just and environmentally benign alternative food systems, especially in industrialized countries such as the United States. We analyze how an emphasis on spatial localization, combined with the difficulty of defining and measuring adequate indicators for alternative food systems, can challenge efforts by food system researchers, environmental writers, the engaged public, and advocacy groups wanting to contribute to alternative food systems, and facilitates exploitation (...) by the mainstream players using “localwash” to maintain the status quo. New indicators are urgently needed because research shows that spatial localization in general and minimized food miles in particular are not adequate or even required for most of the goals of alternative food systems. Creating indicators to operationalize goals for alternative, local food systems requires asking the right questions to make sure indicators are not misleading us: What are the goals of alternative food systems? What actions and policies will most effectively achieve those goals? What is the potential of reducing food miles as an action and a policy for achieving goals? What are the best indicators for measuring progress toward goals? We discuss how these questions can be answered for a wide range of alternative food system goals via four categories according to the role of food miles reduction as an action and policy in promoting them: necessary and sufficient, necessary but not sufficient, potentially important, and potentially supportive. (shrink)

Within the context of a critique of volitionism, Trying Without Willing articulates a new philosophy of the mind and its role in intentional action, based on the notion of de re intentionality. This book will be of interest to anyone seriously interested in the philosophy of mind, the nature of intentional action and mental causation, or the influence of Cartesianism in contemporary analytic philosophy.

Aquinas’s doctrine that infused virtues accompany sanctifying grace raises many questions. We examine one: how do the infused virtues relate to the acquired virtues? More precisely, can the person with the infused virtues possess the acquired virtues? We argue for an answer consistent with and informed by Aquinas’s writings, although it goes beyond textual evidence, as any answer to this question must. There are two plausible, standard interpretations of Aquinas on this issue: the coexistence view and transformation view. After explaining (...) the views, we present plausible reasons for and against each view. The evidence suggests, we argue, that the acquired virtues are both present and absent in the Christian. We then survey Aquinas’s account of virtual presence. Finally, we argue that the case of the presence of acquired virtues in the Christian is a good candidate for virtual presence. (shrink)

"A major transformation in thought took place during the Southern Sung (1127-1279). A new version of Confucian teaching, Tao-hsueh Confucianism (what modern scholars sometimes refer to as Neo-Confucianism), became state orthodoxy, a privileged status which it retained until the twentieth century." "Existing studies of the new Confucianism generally depict a single line of development to and from Chu Hsi (1130-1200), the greatest theoretician of the tradition. In this study of unprecedented scope, however, Hoyt Cleveland Tillman offers an integrated intellectual (...) history of the development of Tao-hsueh Confucianism which for the first time places Chu Hsi within the context of his contemporaries. Tillman's methodological strategy allows a rich, complex picture of the Tao-hsueh movement to emerge - one that is sure to transform the field of Sung Confucianism." "To reconstruct the evolution of the Tao-hsueh group, Tillman studies a number of Confucians from four distinct periods, reflecting the basic diversity that existed among them. His discussion is deeply grounded in political and philosophical history and in research on the social networks that joined the members of the Tao-hsueh group. Within this framework, he provides a vivid account of the changing scope of the movement, tracing its development into a "fellowship" and at times a political faction and demonstrating its movement from diversity to gradually increasing exclusiveness, particularly under the influence of Chu Hsi. Close attention is given to confrontational writings and debates within the group, which covered such issues as humaneness, the function of the mind, uses of the Book of Changes, social welfare programs, teaching methods, expediency, and the grounds for knowledge and authority." "A superbly erudite work, Confucian Discourse and Chu Hsi's Ascendancy is an invaluable contribution to the study of the history of Confucian thought in China."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

Litigation cannot solve a public health crisis. But litigation can be an effective complementary tool to regulation by increasing the salience of a public health issue, eliciting closely guarded information to move public opinion, and prompting legislative action. From tobacco to opioids, litigants have successfully turned to courts for monetary relief, to initiate systemic change, and to hold industry accountable For years, litigators have been trying to push firearm suits into their own litigation moment. But litigation against the gun industry (...) poses special challenges. Not only has the regulatory regime failed to prevent a public safety hazard, Congress has consistently underfunded and understaffed the relevant regulatory actors. And in 2005 it legislatively immunized the gun industry from suit with the Protection of Lawful Commerce in Arms Act. This paper surveys the field of litigation in response to gun violence, tracking the limited successes of victims and stakeholders suing the gun industry. We find that victories remain confined to individual actors and unlike high-impact public litigations in other areas, aggregate class actions and major public litigation led by state attorneys general are noticeably absent in the firearm context. (shrink)

Irony is nothing new to philosophy; quite the contrary, it is as familiar as the figure of Socrates. Yet when, for example, Socrates asks Euthyphro to teach him about piety because of Euthyphro's obvious knowledge of the subject, Socrates‘ irony has little philosophical significance. Socrates says something contrary to what he means, and Euthyphro in his arrogance takes the statement literally. Plato uses Socratic irony to dramatic affect by allowing the events of the drama to unfold in such a way (...) that it becomes clear that Socrates’ literal praise of Euthyphro’s knowledge is incongruous with the results of the discussion taking place, although Euthyphro is hardly aware of the incongruity. The significance of this literary technique is that the reader be made conscious of the possibility of his own arrogance and the hindrance this would create to true philosophical understanding. As important as this use of irony is to Plato's Socratic dialogues, the irony is not the philosophical thesis. (shrink)

This article presents a holistic framework for understanding the scienceof plant breeding, as an alternative to the common objectivist andconstructivist approaches in studies of science. It applies thisapproach to understanding disagreements about how to deal with yieldstability. Two contrasting definitions of yield stability are described,and concomitant differences in the understanding and roles ofsustainability and of selection, test, and target environments areexplored. Critical questions about plant breeding theory and practiceare posed, and answers from the viewpoint of the two contrastingdefinitions of yield (...) stability are analyzed, based on key publicationsin the field. Differences in answers to these questions appear to resultboth from the contingencies of plant breeders' experiences withparticular crop varieties and growing environments, and from differencesin social and institutional settings – plant breeding science isboth objective truth and social construction. The goal of using aholistic framework is to encourage discussion among plant breeders,farmers, social scientists, and others, of the bases for disagreementswithin plant breeding, in order to facilitate plant breeding'scontribution to a more environmentally, economically, and sociallysustainable agriculture. (shrink)

Our question “How many chickens does it take to make an egg?” was inspired by the successful replacement of egg-based mayonnaise with plant-based mayonnaise in general dining at the University of California, Santa Barbara, in order to increase animal welfare. Our indicator of improved animal welfare due to decreased egg consumption was the reduction in number of chickens in the stressful and unhealthy conditions of the US egg industry. To measure this we calculated the ratio of chickens to eggs and (...) found it takes 6.3 chickens to make 1000 eggs. This equals 158 eggs per chicken, less than half the amount of eggs per laying hen because of mortality from hatching to entering the laying flock, including the disposal of male chicks. In addition, greenhouse gas emissions, irrigation water, reactive nitrogen, and land use would be reduced 43–98% from that of eggs. While the impact of plant-based mayonnaise was relatively small, we also estimated the substitution of eggs with tofu, which had a much greater impact: substituting 50% of eggs with tofu in first-year student breakfasts on all UC campuses would reduce the number of chickens in the egg industry by 9245. If this substitution was made by the US population, the welfare and environmental benefits would be 29 thousand times greater. Reducing egg consumption would greatly improve chicken welfare even if welfare certified eggs are replaced, since the requirements of the most commonly used chicken welfare certification programs do relatively little to reduce chicken suffering. (shrink)

This volume reaffirms the indispensable place of the arts in any coherent curriculum. The author hopes that the specific arguments formulated in the book will advance the conservationist post-Modernist aesthetic.

Eleonore Stump insightfully develops Aquinas’s theodicy to account for a significant source of human suffering, namely the undermining of desires of the heart. Stump argues that what justifies God in allowing such suffering are benefits made available to the sufferer through her suffering that can defeat the suffering by contributing to the fulfillment of her heart’s desires. We summarize Stump’s arguments for why such suffering requires defeat and how it is defeated. We identify three problems with Stump’s account of how (...) such suffering is defeated and offer solutions to each. We defend and strengthen Stump’s response to the hardest cases for her view, and explain what her view demands of God. (shrink)

Theologian, social psychologist, and activist Christena Cleveland draws on her journey to dismantle the cultural "whitemalegod" and discover the Sacred Black Feminine, weaving together personal story and research to introduce a Black Female God who imbues us with hope, trust, and presence.

Robert Roberts and Jay Wood criticize St Thomas Aquinas’ distinction between intellectual and moral virtues. They offer three objections to this distinction. They object that intellectual virtues depend on the will in ways that undermine the distinction, that the subject of intellectual virtues is not an intellectual faculty but a whole person, and that some intellectual virtues require that the will act intellectually. They hold that each of these is sufficient to undermine the distinction. I defend Aquinas’ distinction and respond (...) to each of their objections. I then briefly motivate why this is a distinction worth keeping. (shrink)

The present paper explores three interrelated topics in Popper's theory of science: (1) his view of conjecture, (2) the aim of science, and (3) his (never fully articulated) theory of meaning. Central to Popper's theory of science is the notion of conjecture. Popper writes as if scientists faced with a problem proceed to tackle it by conjecture, that is, by guesses uninformed by inferential considerations. This paper develops a contrast between guesses and educated guesses in an attempt to show that (...) there is more to scientific conjecture than conjecture. The suggestion is made that some inductive considerations enter into the process of educated guessing or scientific conjecture in such a way that the ‘context of discovery’ cannot be sharply separated from the ‘context of justification’. This discussion leads to a tension between Popper's negative method of conjecture and his realism. Given Popper's (implicit) theory of meaning it seems Popper's epistemology (the conjecture and refutation method) is incompatible with his metaphysical realism. (shrink)

An apparent paradox concerning courageous activity is that it seems to require both fear and fearlessness – on the one hand, mastering one’s fear, and, on the other, eliminating fear. I resolve the paradox by isolating three phases of courageous activity: the initial response to the situation, the choice of courageous action, and the execution of courageous action. I argue that there is an emotion that is proper to each of these phases and that each emotion positively contributes to the (...) performance of courageous activity in each of its phases. More specifically, I argue that fear, hope, and daring are necessary for complete courageous activity. My model of courageous activity explains why courage is a virtue that requires excellent emotion dispositions and resolves the paradox concerning the apparent need for both fear and fearlessness. Fear is required in the first phase and fearless daring in the third phase of courageous activity. (shrink)

At once provocative and inspiring_, Against the Flow_ is a work of polemic from an internationally respected writer and thinker on arts education. Peter Abbs argues that contemporary education ignores the aesthetic and ethical as a result of being in thrall to such forces as the market economy and managerial and functional dictates. He identifies the present education system as being inimical to creativity and authentic learning and instead, narrowly focused on the quantitative measuring of results. This absence of a (...) creative and ethical dimension in education has implications for art making in wider society. Art is shown as emerging from, and appealing to, the ironic postmodernist sensibility and mass media-led culture, while being devoid of philosophical significance. This book opens up a fresh and timely debate about the vital power of creativity in modern education. Drawing on examples from modern poetry, literature and visual art, it is an eloquent and passionate argument for the need to develop ethical and aesthetic energies to confront the growing vacuity of contemporary culture. (shrink)

The next steps in health reform, like all such efforts before it, will have to engage the issue of American health care federalism – the relationship between the federal and state governments in the realm of health law and policy. Since its enactment in 2010, the Patient Protection and Affordable Care Act has offered a robust example of modern federalism and revealed new complexities. This article recounts the findings of our five-year study of the federalist and nationalist features of ACA (...) implementation. Contrary to the claims of ACA opponents that the law marked a federal “takeover,” the ACA's governance structures have advanced rather than suppressed state power. But we also found that the advances in state power occurred seemingly independently of the statute's structural arrangements; that is, the ACA's nationalist and federalist features both enhanced state power over health policy. These findings raise questions about whether cherished American federalism values are unique to federalist structures; they also raise the question of what exactly health care federalism is for, and why we continue to design health policy with federalism front and center. It is not clear that enhanced state power has brought better health policy. If it has not, is federalism for its own sake worth the trade-off? (shrink)

I defend a broadly Aristotelian account of the virtue of magnanimity against the objection that Aristotelian magnanimity is an expression of the vice of pride and so cannot be a virtue. I identify the essential features of magnanimity on Aristotle’s account and argue that Aquinas preserves these essential features while identifying additional necessary conditions of the virtue of magnanimity that illuminate the virtue and show it to be incompatible with pride. I also show where two other attempts to defend Aquinas’s (...) development of Aristotelian magnanimity against the pride objection fail. (shrink)

Beyond Words argues that some works of fiction and poetry are especially, perhaps even best, suited to expanding our awareness and understanding into the nature of things otherwise unsayable and unconceived. Such literary works do philosophy, showing us something that a theoretical—scientific or philosophical—discourse cannot literally say.

The outcome of this is explored, in detail, in relation to the teaching of literature, creative writing and drama.