This article is about decision making by juries in capital cases. A jury is a collection of individuals who may possess differing views about factors relevant to the task before them, but who must, nonetheless, arrive collectively at a decision. As such, the members of the jury face a classic social choice problem. We investigate how this problem is likely to be resolved under various institutional regimes, differentiated by the set of individuals who are allowed to participate and the decision (...) rule controlling their activities. As in our previous paper analyzing decision making by juries, we focus here on an aspect of the process that has been neglected in judicial opinions and academic scholarship: namely to what extent, and how, persistent disagreement among jurors can and will be resolved. (shrink)

In his most recent article, “The Appeals Process as a Means of Error Correction,” Steven Shavell asks a very important question: Why do we use a hierarchical court structure? The flip side of this inquiry is whether we might not be better off simply making our trial courts more efficient. Although I certainly applaud the recent efforts of Shavell and other law and economics scholars to examine issues of institutional design, this particular attempt suffers from two major flaws. The first (...) involves the asymmetric treatment of litigants before trial courts and appeals courts: Appellants can choose to either appeal cases or not, but the population of cases before the trial courts is assumed to be exogenous. This severely limits the ability to improve the efficiency of trial courts, leading to an overestimation of the value added from an appeals process. The second problem involves the behavior of judges, who are assumed to behave as automatons. Allowing judges to behave rationally dramatically changes the nature of the model's results, most fatally leading to the elimination of the separation equilibrium that Shavell wishes to achieve. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

College students and suburban residents completed questionnaires designed to examine the tendency of scientific explanations of undesirable behaviors to mitigate perceived culpability. In vignettes relating behaviors to an explanatory antecedent, we manipulated the uniformity of the behavior given the antecedent, the responsiveness of the behavior to deterrence, and the explanatory antecedent-type offered- physiological (e.g., a chemical imbalance) or experiential (e.g., abusive parents). Physiological explanations had a greater tendency to exonerate actors than did experiential explanations. The effects of uniformity and deterrence (...) were smaller, and the latter had a significant effect on judgment only when physiological rather than experiential antecedents were specified. Physiologically explained behavior was more likely to be characterized as "automatic", and willpower and character were less likely to be cited as relevant to the behavior. Physiological explanations of undesirable behavior may mitigate blame by inviting nonteleological causal attributions. Keywords: person perception, volition, moral attribution, responsibility. (shrink)

On the True Sense of Art collects essays by philosophers responding to John Sallis's Transfigurements: On the True Sense of Art as well as his other works on the philosophy of art, including Force of Imagination and Logic of Imagination. Each of the chapters, by some of the leading thinkers in Continental philosophy, engages Sallis's work on both ancient and new senses of aesthetics--a transfiguration of aesthetics--as a beginning that is always beginning again. With a responsive essay by Sallis himself, (...) On the True Sense of Art forms a critical introduction to the thought of this generation's most important aesthetician. (shrink)

The Continental tradition has always placed great emphasis on the Logos. The Gift of Logos: Essays in Continental Philosophy celebrates and situates this emphasis in the genre of the gift and its giving. The process of receiving, or giving, of the gift overcomes the existential alienation and separation that is so present in the human condition. To ritualize giving and its gifting is to provide a syntax of solidarity that bespeaks our desire for cohesion and need for identities beyond our (...) own. To give a gift is to befriend. The gift of logos is more than a gift from the gods and goddesses; it is an act of giving for those friends of wisdom for those philosophers who give to each other and to their worlds and receive the blessings of logos from each other. The increasing objectification of human being has mobilized a regressive narcissism that shows the ego's reassertion in the light of the meaningless quantifying forces from without. By not reflecting deeply enough upon its conditions of existence in the modern world and on its orginary moments, philosophy itself has not been immune from this besotted sense of self. Although not an invective against thinking nor against modern and contemporary philosophy's genuine advances, The Gift of Logos portends to shed the delusion that theoretical re-description is somehow the same as transforming who we are. This transformation is our greatest gift to each other. To give it voice is the gift of Logos and what this collection of essays commemorates. (shrink)

It is not justifiable to accuse Darwin of conscious or unconscious plagiarism. This charge is contrary to the historical evidence and to the extensive information that we have about his character. When Darwin listed the writers on the origin of species by natural selection before himself, he did not mention Blyth, and this omission did not disturb the cordial relations between Darwin and Blyth. Blyth continued to supply Darwin with information which Darwin used in his later publications with due acknowledgment (...) to Blyth. For example, in The Descent of Man, Darwin cited Blyth: “Mr. Blyth, as he informs me, saw Indian crows feeding two or three of their companions which were blind.”63 Blyth felt no resentment. If he did, he would have so informed Darwin. Blyth did not regard himself as in any sense a predecessor of Darwin and he certainly did not resent Darwin as a plagiarizer of himself. Moreover, Darwin went to a great deal of trouble to find his own predecessors and to give them proper credit.64After Darwin had completed his work on natural selection, he wrote a letter to the Reverend Baden Powell in which he clearly showed recognition of the contribution of others to his own work:No educated person, not even the most ignorant, could suppose I mean to arrogate to myself the origination of the doctrine that species had not been independently created. The only novelty in my work is the attempt to explain how species became modified, and to a certain extent how the theory of descent explains certain large classes of facts; and in these respects I received no assistance from my predecessors.65 *** DIRECT SUPPORT *** A8402011 00002. (shrink)

Ethics & Behavior, Volume 21, Issue 5, Page 428-430, September-October 2011.

Troubadour of truth, by R. E. Brennan.--Reflections on necessity and contingency, by Jacques Maritain.--Intellectual cognition, by Rudolf Allers.--The problem of truth, J. K. Ryan.--The ontolgical roots of Thomism, by Hilary Carpeuter.--The role of habitus in the Thomistic metaphysics of potency and act, by V. J. Bourke.--The nature of the angels, by J. O. Riedl.--The dilemma of being and unity, by A. C. Pegis.--Prudence, the incommunicable wisdom, by C. J. O'Neil.--A question about law, by M. J. Adler.--The economic philosophy of Aquinas, (...) by J. A. Ryan.--Beyond the crisis of liberalism, by Y. R. Simon.--The fate of representative government, by Walter Farrell.--The Thomistic concept of education, by R. J. Slavin.--The perennial theme of beauty, by Immanuel Chapman.--Epilogue, by H. T. Schwartz.--Bibliography (p.[363]-419). (shrink)

In his interesting comment on my recent article, “The Appeals Process as a Means of Error Correction,” Edward Schwartz makes two criticisms of my analysis. The criticisms have essentially to do with my assumption that an appeals court judge will base his or her decisions only on what happened at trial, and not on any inference that can be drawn from the fact that an appeal was brought. Before explaining why I do not find Schwartz's criticisms problematic, (...) it will be helpful for me to restate the main features of the model that I examined in the article. (shrink)

This is a major contribution to the theory of rational choice which will be of particular interest to philosophers and economists. The author sets out the foundations of rational choice, and then sketches a dynamic choice framework in which principles of ordering and independence follow from a number of apparently plausible conditions. However, there is potential conflict among these conditions, and when they are weakened to avoid it the usual foundations of rational choice no longer prevail. The thrust of the (...) argument is to suggest that the theory of rational choice is less deterministic than many suppose. (shrink)

The author describes an interpreted modal language and produces some clear examples of logical and analytic truths that are not necessary. These examples: (a) are far simpler than the ones cited in the literature, (b) show that a popular conception of logical truth in modal languages is incorrect, and (c) show that there are contingent truths knowable ``a priori'' that do not depend on fixing the reference of a term.

Preface and Postscript Combining a Preface with a Postscript seems a particularly apposite way to introduce (and conclude) a collection of essays on ...

In its approach to fiction and fictional discourse, pretense theory focuses on the behaviors that we engage in once we pretend that something is true. These may include pretending to name, pretending to refer, pretending to admire, and various other kinds of make-believe. Ordinary discourse about fictions is analyzed as a kind of institutionalized manner of speaking. Pretense, make-believe, and manners of speaking are all accepted as complex patterns of behavior that prove to be systematic in various ways. In this (...) paper, I attempt to show: (1) that this systematicity is captured in the basic distinctions and representations that are central to the formal theory of abstract objects, and (2) that this formal theory need not be interpreted platonistically, but may instead have an interpretation on which the `objects' of the theory are things that pretense theorists already accept, namely, complex patterns of linguistic behavior. The surprising conclusion, then, is that a certain Wittgensteinian approach to meaning (e.g., the meaning of a term like `Holmes' is constituted by its pattern of use) bears an interesting relationship to a formal metaphysical theory and the semantic analyses of discourse constructed in terms of that theory---the former offers a naturalized interpretation of the latter, yet the latter makes the former more precise. (shrink)

This entry introduces the reader to the main ideas in Frege's philosophy of logic, mathematics, and language.

In the course of his long development, Kant's concept of matter changed somewhat, while his concept of scientific explanation changed considerably. Both developments achieved a coherent integration in Kant's Metaphysical Foundations of Natural Science. Using this developmental background, the present paper argues that the Foundations should be interpreted as an attempted rational reconstruction of the mechanics of Newton and Euler. Kant attempted to do this by constructing a concept of matter that would confer a Leibnizian intelligibility on Newtonian mechanics, and (...) also accord with Kant's theories on the nature of concepts and their role in scientific explanation. (shrink)

Natural philosophy encompassed all natural phenomena of the physical world. It sought to discover the physical causes of all natural effects and was little concerned with mathematics. By contrast, the exact mathematical sciences were narrowly confined to various computations that did not involve physical causes, functioning totally independently of natural philosophy. Although this began slowly to change in the late Middle Ages, a much more thoroughgoing union of natural philosophy and mathematics occurred in the seventeenth century and thereby made the (...) Scientific Revolution possible. The title of Isaac Newton's great work, The Mathematical Principles of Natural Philosophy, perfectly reflects the new relationship. Natural philosophy became the 'Great Mother of the Sciences', which by the nineteenth century had nourished the manifold chemical, physical, and biological sciences to maturity, thus enabling them to leave the 'Great Mother' and emerge as the multiplicity of independent sciences we know today. (shrink)

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Linguists rely on intuitive conceptions of structure when comparing expressions and languages. In an algebraic presentation of a language, some natural notions of similarity can be rigorously defined (e.g. among elements of a language, equivalence w.r.t. isomorphisms of the language; and among languages, equivalence w.r.t. isomorphisms of symmetry groups), but it tums out that slightly more complex and nonstandard notions are needed to capture the kinds of comparisons linguists want to make. This paper identihes some of the important notions of (...) structural similarity, with attention to similarity claims that are prominent in the current linguistic tradition of transformational grammar. @ 2002 Elsevier Science B.V. All rights reserved. (shrink)

This is a book grounded in the real ethical challenges of modern business practice, with a world-religious perspective so necessary in an era of globalization.

ABSTRACT According to comparativism, comparative confidence is more fundamental than absolute confidence. In two recent AJP papers, Stefánsson has argued that comparativism is capable of explaining interpersonal confidence comparisons. In this paper, I will argue that Stefansson’s proposed explanation is inadequate; that we have good reasons to think that comparativism cannot handle interpersonal comparisons; and that the best explanation of interpersonal comparisons requires thinking about confidence in a fundamentally different way than that which comparativists propose: specifically, we should think of (...) confidence as a dimensionless quantity. (shrink)

In this paper, the author shows how one can independently prove, within the theory of abstract objects, some of the most significant claims, hypotheses, and background assumptions found in Kripke's logical and philosophical work. Moreover, many of the semantic features of theory of abstract objects are consistent with Kripke's views — the successful representation, in the system, of the truth conditions and entailments of philosophically puzzling sentences of natural language validates certain Kripkean semantic claims about natural language.

CHAPTER I INTRODUCTION: A NEW UNIVERSITY AND THE CHALLENGE OF THE NEW SCIENCE Despite the recent and continuing controversy concerning the proper role of ...

This timely book examines the interaction of health research and regulation with law through empirical analysis and the application of key anthropological concepts to reveal the inner workings of human health research. Through ground-breaking empirical inquiry, Regulatory Stewardship of Health Research explores how research ethics committees (RECs) work in practice to both protect research participants and promote ethical research.This thought-provoking book provides new perspectives on the regulation of health research by demonstrating how RECs and other regulatory actors seek to fulfil (...) these two functions by performing a role of 'regulatory stewardship'. This involves guiding researchers through stages of research approval, as well as seeking to maximise benefits for participants and society while minimising risks. Arguing that participant protection and research promotion should rightly be treated as twin objectives for health research regulators, this book asserts that there is a need for more overt recognition of the importance and function of the deliberative space in which RECs can negotiate the risks relevant to a research application.This book is a key resource for academics and students interested in health research and regulation, and the dynamic interaction of ethics and the law. Regulators and policy-makers will also find it to be an insightful and illuminating text for the practical insights that it reveals about research governance in action. (shrink)

The little-known story of the architectural project that lay at the heart of Paine's grand political vision for the United States. Thomas Jefferson praised Tom Paine as the greatest political writer of the age. The author of 'Common Sense' and Rights of Man, Paine helped make revolutions in America and France. But beyond his inspiring calls to action, Paine harbored a deeper political vision for his adopted country. It was embodied in an architectural project that he spent decades planning: an (...) iron bridge to span the Schuylkill River at Philadelphia. The bridge was Paine's answer to the political puzzle of the new nation: how to sustain a republic as large and geographically fragmented as the United States. Among its patrons were other giants of the time, including Benjamin Franklin and Edmund Burke, Paine's ideological opponent. Set against the background of the American Revolution, the story of his iron bridge reveals a new Tom Paine and connects this revolutionary to the vast program of internal improvements that soon transformed America"--Provided by publisher. (shrink)

Implicit in the scottish tradition is a metaphilosophy of commonsense which deserves as much attention as that recently given to scottish presentative realism and agent causality. The author articulates this metaphilosophy by (a) sketching a systematic metaphilosophy of commonsense, (b) considering to what extent thomas reid fits this pattern, And (c) deciding to what extent asa mahan, One of the ablest of the american realists, Fits it. The result is a characterization of a coherent scottish metaphilosophy still worthy of consideration. (...) He also explores the question whether the metaphilosophy that emerges from (b) and (c) is part of an ongoing tradition. It has been suggested that there are important similarities between the scottish view and g e moore's concept of analysis. While he agrees that there are analogies he stresses the disanalogies as more enlightening about the nature of both. (shrink)

The arguments of the dialetheists for the rejection of the traditional law of noncontradiction are not yet conclusive. The reason is that the arguments that they have developed against this law uniformly fail to consider the logic of encoding as an analytic method that can resolve apparent contradictions. In this paper, we use Priest [1995] and [1987] as sample texts to illustrate this claim. In [1995], Priest examines certain crucial problems in the history of philosophy from the point of view (...) of someone without a prejudice in favor of classical logic. For each of these problems, the logic of encoding offers an alternative explanation of the phenomena---this alternative is not considered when Priest describes what options there are in classical logic for analyzing the problem at hand. -/- The argument at heart of the case that Priest develops against the law of noncontradiction (i.e., the argument based on the paradoxes of self-reference) is then reanalyzed in light of encoding logic. After showing why the argument is inconclusive, the paper concludes both with a more general discussion of logic and predication and with the suggestion that there is no need to tamper with the logic of the traditional mode of predication if there is alternative mode of predication which is well-suited to the analysis of cases involving contradictory objects. (shrink)

Yet such a contrast fails to provide an adequate account of the full scope of either philosophy or psychoanalysis. On the one hand, philosophical inquiry is not wholly pre-empted by the question of reality; it may also extend into the realm of phantasy, as can be seen in Plato's effort to determine the epistemological value of eikasia or in Husserl's consideration of Phantasie as a basis of insight into essences. On the other hand, psychoanalysts are as concerned about reality as (...) they are about phantasy. Indeed, one of the key phrases of psychoanalytic therapy is "adaptation to reality." The reason for this concern with reality is clear: if phantasies are modifications or distortions of the real, it is imperative to discern what the character of reality is, especially since it is held out as the standard of a sound state of mental health. (shrink)

I The Question of the Authenticity of Responsibility The Prima Facie Explanatory Value of Rational Action When we act, something comes into being : in the...

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)