The purpose of this paper is to provide an overview of the most recent public policy and ethical issues as they relate to the growing usage of nonunion employment arbitration particularly in relation to financial services firms and professional firms. In this era of increasing employment-related litigation, it is wise from an employer’s point of view to find alternative procedures that offer assurances of fairness yet provide expeditious means for resolving disputes. From an employee’s vantage point, however, it is essential (...) that the fundamental issue of procedural and substantive due process be maintained and guaranteed. Therefore, a number of strategic ethical issues arise: How should employment arbitration procedures be designed following the Due Process Protocol of the Task Force on Alternative Dispute Resolution in Employment? How should arbitration procedures follow the national rules for the resolution of employment disputes of the American Arbitration Association? Do recent court decisions shed light on these issues? What ethical principles can be gleaned from these public policy pronouncements? A final objective of this paper is to study some of the current initiatives on this topic. (shrink)

BackgroundInaccurate, false or incomplete research publications may mislead readers including researchers and decision-makers. It is therefore important that such problems are identified and rectified promptly. This usually involves collaboration between the research institutions and academic journals involved, but these interactions can be problematic.MethodsThese recommendations were developed following discussions at World Conferences on Research Integrity in 2013 and 2017, and at a specially convened 3-day workshop in 2016 involving participants from 7 countries with expertise in publication ethics and research integrity. The (...) recommendations aim to address issues surrounding cooperation and liaison between institutions and journals about possible and actual problems with the integrity of reported research arising before and after publication.ResultsThe main recommendations are that research institutions should: develop mechanisms for assessing the integrity of reported research that are distinct from processes to determine whether individual researchers have committed misconduct;release relevant sections of reports of research integrity or misconduct investigations to all journals that have published research that was investigated;take responsibility for research performed under their auspices regardless of whether the researcher still works at that institution or how long ago the work was done;work with funders to ensure essential research data is retained for at least 10 years.Journals should: respond to institutions about research integrity cases in a timely manner;have criteria for determining whether, and what type of, information and evidence relating to the integrity of research reports should be passed on to institutions;pass on research integrity concerns to institutions, regardless of whether they intend to accept the work for publication;retain peer review records for at least 10 years to enable the investigation of peer review manipulation or other inappropriate behaviour by authors or reviewers.ConclusionsVarious difficulties can prevent effective cooperation between academic journals and research institutions about research integrity concerns and hinder the correction of the research record if problems are discovered. While the issues and their solutions may vary across different settings, we encourage research institutions, journals and funders to consider how they might improve future collaboration and cooperation on research integrity cases. (shrink)

Contrary to the popular belief that feminism has gained a foothold in the many disciplines of the academy, the essays collected in Theorizing Backlash argue that feminism is still actively resisted in mainstream academia. Contributors to this volume consider the professional, philosophical, and personal backlashes against feminist thought, and reflect upon their ramifications. The conclusion is that the disdain and irrational resentment of feminism, even in higher education, amounts to a backlash against progress.

Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its ...

In Why Some Things Should Not Be for Sale, philosopher Debra Satz takes a penetrating look at those commodity exchanges that strike most of us as problematic. What considerations, she asks, ought to guide the debates about such markets? What is it about a market involving prostitution or the sale of kidneys that makes it morally objectionable? How is a market in weapons or pollution different than a market in soybeans or automobiles? Are laws and social policies banning the (...) more noxious markets necessarily the best responses to them? Satz contends that categories previously used by philosophers and economists are of limited utility in addressing such questions because they have assumed markets to be homogenous. Accordingly, she offers a broader and more nuanced view of markets--one that goes beyond the usual discussions of efficiency and distributional equality--to show how markets shape our culture, foster or thwart human development, and create and support structures of power. (shrink)

Little is known about the consequences of moral distress. The purpose of this study was to identify clinical situations that caused nurses to experience moral distress, to understand the consequences of those situations, and to determine whether nurses would change their practice based on their experiences. The investigation used a descriptive approach. Open-ended surveys were distributed to a convenience sample of 204 critical care nurses employed at a university medical center. The analysis of participants’ responses used an inductive approach and (...) a thematic analysis. Each line of the data was reviewed and coded, and the codes were collapsed into themes. Methodological rigor was established. Forty-nine nurses responded to the survey. The majority of nurses had experienced moral distress, and the majority of situations that caused nurses to experience moral distress were related to end of life. The nurses described negative consequences for themselves, patients, and families. (shrink)

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

Having a self is associated with important advantages for an organism.These advantages have been suggested to include mechanisms supporting elaborate capacities for planning, decision-making, and behavioral control. Acknowledging such functionality offers possibilities for obtaining traction on investigation of neural correlates of selfhood. A method that has potential for investigating some of the brain-based properties of self arising in behavioral contexts varying in requirements for such behavioral guidance and control is functional brain imaging. Data obtained with this method are beginning to (...) converge on a set of brain areas that appear to play a significant role in permitting conscious access to representational content having reference to self as an embodied and independent experiencer and agent. These areas have been identified in a variety of imaging contexts ranging from passive state conditions in which they appear to manifest ongoing activity associated with spontaneous and typically ‘self-related’ cognition, to tasks targeting explicitly experienced properties of self, to demanding task conditions where activity within them is attenuated in apparent redirection of cognitive resources in the service of task guidance and control. In this paper, these data will be reviewed and a hypothesis presented regarding a significant role for these areas in enabling degrees of self-awareness and participating in the management of such behavioral control. (shrink)

Neuroenhancement involves the use of neurotechnologies to improve cognitive, affective or behavioural functioning, where these are not judged to be clinically impaired. Questions about enhancement have become one of the key topics of neuroethics over the past decade. The current study draws on in-depth public engagement activities in ten European countries giving a bottom-up perspective on the ethics and desirability of enhancement. This informed the design of an online contrastive vignette experiment that was administered to representative samples of 1000 respondents (...) in the ten countries and the United States. The experiment investigated how the gender of the protagonist, his or her level of performance, the efficacy of the enhancer and the mode of enhancement affected support for neuroenhancement in both educational and employment contexts. Of these, higher efficacy and lower performance were found to increase willingness to support enhancement. A series of commonly articulated claims about the individual and societal dimensions of neuroenhancement were derived from the public engagement activities. Underlying these claims, multivariate analysis identified two social values. The Societal/protective highlights counter normative consequences and opposes the use enhancers. The Individual/proactionary highlights opportunities and supports use. For most respondents these values are not mutually exclusive. This suggests that for many neuroenhancement is viewed simultaneously as a source of both promise and concern. (shrink)

While it is generally assumed that large corporations today give rhetorical support for basic human rights in public relations documents, skepticism continues toarise about the behavior of these firms. Do company actions support their rhetoric? This paper provides the initial analysis of our study of both rhetoric and practice regarding human rights in a small sample of large U.S. firms. At this point in the analysis, UNGC membership does not appear to have much influence on corporate rhetoric, but may be (...) partially correlated with several measures of corporate performance on human rights issues. (shrink)

Although World of Warcraft utilizes ethnic and gender stereotypes in the construction of its playable characters, the structure of the gaming environment provides a modest utopian vision that is structurally just, maximizing both liberty and equality among participants in a way consistent with John Rawls's Theory of Justice. As a result, class, race, and gender are much more a matter of human (humanoid) variety, rather than a tool for hierarchically differentiation. Nevertheless, in players' engagement with the game, class, race, and (...) gender differences take on meaning well beyond the strucuture of the Warcraft universe demonstrating how real world values infect our imagination. (shrink)

A multidisciplinary collection which brings together cutting edge research about the cultural politics of space.

The People of Plato is the first study since 1823 devoted exclusively to the identification of, and relationships among, the individuals represented in the complete Platonic corpus. It provides details of their lives, and it enables one to consider the persons of Plato's works, and those of other Socratics, within a nexus of important political, social, and familial relationships. Debra Nails makes a broad spectrum of scholarship accessible to the non-specialist. She distinguishes what can be stated confidently from what (...) remains controversial and--with full references to ancient and contemporary sources--advances our knowledge of the men and women of the Socratic milieu. Bringing the results of modern epigraphical and papyrological research to bear on long-standing questions, The People of Plato is a fascinating resource and valuable research tool for the field of ancient Greek philosophy and for literary, political, and historical studies more generally. In discrete sections, Nails discusses systems of Athenian affiliation, significant historical episodes that link lives and careers of the late fifth century, and their implications for the dramatic dates of the dialogues. The volume includes a rich array of maps, stemmata, and diagrams, plus a glossary, chronology, plan of the agora in 399 B.C.E., bibliography, and indices. (shrink)

Hoop residuation algebras are the {, 1}-subreducts of hoops; they include Hilbert algebras and the {, 1}-reducts of MV-algebras (also known as Wajsberg algebras). The paper investigates the structure and cardinality of finitely generated free algebras in varieties of k-potent hoop residuation algebras. The assumption of k-potency guarantees local finiteness of the varieties considered. It is shown that the free algebra on n generators in any of these varieties can be represented as a union of n subalgebras, each of which (...) is a copy of the {, 1}-reduct of the same finite MV-algebra, i.e., of the same finite product of linearly ordered (simple) algebras. The cardinality of the product can be determined in principle, and an inclusion-exclusion type argument yields the cardinality of the free algebra. The methods are illustrated by applying them to various cases, both known (varieties generated by a finite linearly ordered Hilbert algebra) and new (residuation reducts of MV-algebras and of hoops). (shrink)

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, (...) and his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

Recent scholarship in science, technology, and society has emphasized the neoliberal character of science today. This article draws on the history of US science and technology policy to argue against thinking of recent changes in science as fundamentally neoliberal, and for thinking of them instead as reflecting a process of “economization.” The policies that changed the organization of science in the United States included some that intervened in markets and others that expanded their reach, and were promoted by some groups (...) who were skeptical of free markets and others who embraced them. In both cases, however, new policies reflected growing political concern with “the economy” and related abstractions and a new understanding of S&T as inputs into a larger economic system that government could manipulate through policy. Understanding trends in US S&T policy as resulting from economization, not just neoliberalism, has implications for thinking about the present and likely future of science and S&T policy. (shrink)

Agora, Academy, and the Conduct of Philosophy offers extremely careful and detailed criticisms of some of the most important assumptions scholars have brought to bear in beginning the process of (Platonic) interpretation. It goes on to offer a new way to group the dialogues, based on important facts in the lives and philosophical practices of Socrates - the main speaker in most of Plato's dialogues - and of Plato himself. Both sides of Debra Nails's arguments deserve close attention: the (...) negative side, which exposes a great deal of diversity in a field that often claims to have achieved a consensus; and the positive side, which insists that we must attend to what we know of these philosophers' lives and practices, if we are to make a serious attempt to understand why Plato wrote the way he did, and why his writings seem to depict different philosophies and even different approaches to philosophizing. From the Preface by Nicholas D. Smith. (shrink)

Dissecting Bioethics, edited by Tuija Takala and Matti Hayry, welcomes contributions on the conceptual and theoretical dimensions of bioethics. The department is dedicated to the idea that words defined by bioethicists and others should not be allowed to imprison people’s actual concerns, emotions, and thoughts. Papers that expose the many meanings of a concept, describe the different readings of a moral doctrine, or provide an alternative angle to seemingly self-evident issues are particularly appreciated. To submit a paper or to discuss (...) a suitable topic, contact Tuija Takala [email protected].:This article examines some of the assumptions and implications associated with the Belmont era context in which the concept of therapeutic misconception was forged. We argue that the justification of therapeutic misconception should be reconsidered based on less paternalistic and more participatory models of research. Finally, we identify conceptual and practical approaches that might better reflect contemporary research practice. (shrink)

Philosophy is one of the most intimidating and difficult of disciplines, as any of its students can attest. This book is an important entry in a distinctive new series from Routledge: The Great Philosophers . Breaking down obstacles to understanding the ideas of history's greatest thinkers, these brief, accessible, and affordable volumes offer essential introductions to the great philosophers of the Western tradition from Plato to Wittgenstein. In just 64 pages, each author, a specialist on his subject, places the philosopher (...) and his ideas into historical perspective. Each volume explains, in simple terms, the basic concepts, enriching the narrative through the effective use of biographical detail. And instead of attempting to explain the philosopher's entire intellectual history, which can be daunting, this series takes one central theme in each philosopher's work, using it to unfold the philosopher's thoughts. (shrink)

Citing a lifelong engagement with Marxism, critic and writer Marshall Berman reveals the movement's positive points and suggests a new beginning for Marxism may be on the horizon with its recent 150th anniversary attention.

Plato put housing second only to a secure food supply in the order of business of an emerging polis [Republic 2.369d); we argue, without quibbling over rank, that adequate housing ought to have fundamental priority, with health and education, in civil societies' planning, budgets, and legislative agendas. Something made explicit in the Platonic Laws, and often reiterated by today's poor — but as often forgotten by bureaucrats— is that human wellbeing, eudaimonia, is impossible for the homeless. That is, adequate housing (...) is valuable to human societies independently of its instrumental role in supporting the safety, health, and education of the populace. Currently, governments all too frequently end up undermining their own health and education programs as a direct result of neglecting the housing needs of the poor. Finally, we argue that governments ought now to be using the low-cost ways that already exist to provide, or to promote the provision of, better housing for their increasingly urbanized populations; further, even in those circumstances where it is necessary to subsidize housing, governments' most important role is to develop just regulatory and enforcement systems within which public- and private-sector investment can operate. (shrink)

In this article, Satz critiques "both Pogge's use of the causal contribution principle as well as his attempt to derive all of our obligations to the global poor from the need to refrain from harming others.".

This article is concerned with the complex role of assessment in the character development of graduate students in seminary education. It presents the current curricular approach of Denver Seminary to mentored, contextual formation and the variety of assessment strategies that support the growth of individual students and a culture of integrated learning in the institution. Rather than directing assessment strategies on individual character qualities, we argue for the efficacy of assessing the enabling conditions for character growth expressed in the andragogic (...) elements of adult learning skills. Within this model, learning proves to be expansive enough for the contemporary seminary student who has a sense that it is up to them to prepare for and create the work they dream of within a changing culture. (shrink)

In 1993, my first full year as a master’s student studying rhetoric at the University of Tennessee, the venerable George Kennedy visited campus. He was part of a star-studded interdisciplinary symposium on rhetoric (Page duBois and Thomas Cole were the other two guests), and if memory serves, the large crowd awaiting Kennedy’s talk stirred with anticipation; this event was two years after the publication of a much-needed and now indispensible translation of Aristotle’s Rhetoric. After the talk, it stirred with something (...) more like befuddlement. Kennedy’s talk, “A Hoot in the Dark,” shared a title with an essay he had published in Philosophy and Rhetoric the year prior. The subject? Animal rhetoric. I .. (shrink)

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to male victims (...) of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

Challenges Beauvoir's self-portrait and argues that she was a philosopher in her own right.

The politics of disgust weaponizes the bodily recoil of revulsion to legitimate sexist, anti-Semitic, colonial and genocidal violence. Citing the work of neurologists, psychologists, existentialists and phenomenologists, I argue that disgust can be severed from this politics to serve a politics of the body where the repugnance of disgust is reserved for those who repudiate the humanity of our intersubjective vulnerability.

This paper examines the cultural phenomenon of `new burlesque', a subculture in which young women take part in striptease performances which invoke the iconic styles and routines associated with mid-20th century cabaret. By reading burlesque websites alongside the celebrity culture and advertising, the article examines how the retro styles of dress and make-up associated with this subculture have circulated through a range of media sites as an alternative mode of femininity. By focusing on the intersections between online fan communities, popular (...) images of burlesque, fashion, and beauty, I argue that burlesque styles involve a reclaiming of traditionally normative sites of identity production and that computer technologies are an extension of the technologies of dress, cosmetics and movements through which femininity is produced. I go on to suggest a re-framing of burlesque as a site of parody and resistance which `troubles' critiques of femininity within both feminist theory and queer theory. (shrink)