Teachers and teenage students are becoming involved in inappropriate sexual relationships, often leading to devastation and arrest. Teacher-Student Relationships: Crossing into the Emotional, Physical, and Sexual Realms addresses the reasons these relationships develop, considers the roles of modern technology in the development, and offers solutions from within the profession.

For corrective justice, liability is the consequence of the parties' being correlatively situated as the doer and sufferer of an injustice, and the remedy is seen as undoing that injustice to the extent possible. Combining consideration of legal doctrine and private law theory, this article applies the framework of corrective justice to gain-based damages for torts. Within this framework, restitutionary damages ought to be available only insofar as they correspond to a constituent element in the injustice that the defendant has (...) done to the plaintiff. The radical proposal that allows restitutionary damages for any wrongful gain is unsatisfactory because it fails to link the damages that the plaintiff receives to the normative quality of the defendant's wrong. In contrast, dealings in another's property give rise to such damages because the idea of property includes within the owner's entitlement the potential gainsfrom the property's use or alienation. Restitutionary damages should not be seen as serving a deterrent or punitive function; such a function cannot account for why the plaintiff, of all people, is entitled to the defendant's gain. Properly understood, even situations where the plaintiff's wilfulness or calculation increases the damage award fit within the framework of corrective justice. The corrective justice approach thus repudiates the notion that restitutionary damages are occasions for the promotion of social purposes extrinsic to the juridical relationship between the parties. (shrink)

This chapter contains sections titled: Transfer of Value The Transfer Elements of Liability Unjustness Correctively Unjust Enrichment References.

Ownership combines the owner's right to exclude others from the owned object and the owner's liberty to use that object. This article addresses the relationship between using and excluding, by presenting Grotius's and Kant's classic accounts of ownership. Grotius's approach treats use and exclusivity as separate notions, with the latter evolving out of the former. For Kant, in contrast, use and exclusivity are integrated aspects of ownership as a right within a regime of equal reciprocal freedom. This article offers a (...) Kantian critique of Grotius's account of the original right to use, and then presents Kant's notion of usability as the basis for his integration of use and exclusivity. (shrink)

. In Aristotle's account, corrective and distributive justice are not particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it (...) against Kelsen's allegations of emptiness. The article concludes with the suggestion that corrective justice, as the conceptual pattern that makes private law what it is, can be considered the formal and final cause of private law. (shrink)

This chapter contains sections titled: The Project of Formalism The Nature of Justification The Structures of Justification The Ground of Justification The Immanent Intelligibility of Law Conclusion References.

This article summarizes a virtual live‐streamed panel event that occurred in August 2020 and was cosponsored by the International Philosophy of Nursing Society (IPONS) and the University of California, Irvine's Center for Nursing Philosophy. The event consisted of a series of three self‐contained panel discussions focusing on the past, present and future of IPONS and was moderated by the current Chair of IPONS, Catherine Green. The first panel discussion explored the history of IPONS and the journal Nursing Philosophy. The (...) second panel involved a reflection on the challenges of doing nursing philosophy in a research‐intensive context of a Canadian university and the history and current movements in nursing philosophy in the Nordic countries. The final panel involved presentations on the future potential for philosophy in/and for nursing, the critical connections between nursing philosophy and nursing theory, dismantling racism in nursing and the potential for process philosophy to help explore nursing's unique efficacy in creating possibilities for health. The panels were followed by a lively Q&A session with participants, of which there were 252 registrants from across the globe. The event underscored the wide and diverse interests of nurses in philosophical discussion and the need for more virtual events and other connective modalities bringing nurses together to discuss and analyze the value and potential of philosophy to better understand and advance nursing theory and practice. (shrink)

Plato's Crito is not a treatise on obedience to the law, but a dialogue whose interpretation is not determined by its surface meaning. The initial dream is not mere ornamentation; rather it points to the range of possibilities in Socrates' situation. The speeches of the Laws, with which the dialogue closes, are not intended to be philosophically cogent, since they are inconsistent with the principles laid out in the preceding conversation between Socrates and Crito. The arguments of the Laws are (...) rather directed towards Crito, Socrates' decent and unphilosophic friend. (shrink)

From Character to Color was written to explore Critical Race Theory from logical, moral, and educational standpoints, as these relate to history, people and racial groups.

Over the last few decades, corrective justice has established itself as central to serious academic discussion of the normative dimension of tort liability. This article describes the consensus about corrective justice that is presently emerging, as is evident from work of the author and from recent work of other tort theorists. The framework for discussing this emerging consensus is what the article calls "the juridical conception of corrective justice." The juridical conception seeks to explicate the most general ideas implicit in (...) liability as a normative practice in which the plaintiff makes a claim against the defendant. Under the juridical conception, corrective justice is the synthesis of two complementary abstractions: correlativity and personality. Correlativity articulates at the most general level the relationship between the interacting parties as doer and sufferer of the same injustice. Personality, i.e., the idea of purposiveness regardless of one's particular purposes, similarly articulates at the most general level the conception of the interacting parties that is presupposed in a regime of rights and their correlative duties. The leitmotif of the emerging consensus is the idea of correlativity, which is now effectively accepted by all of the theorists mentioned, even by those who initially rejected it. Personality, on the other hand, has gained less support, because of the apprehension that it implies that rational agency, as elaborated by Kant or Hegel, is a philosophical truth from which tort theory can be derived. This reason for dismissing personality is insufficient. Corrective justice comes into view not by being derived from a notion of rational agency but by reflection on the most general ideas implicit in liability as a normative practice. Personality is merely the abstraction that represents the parties as the bearers of rights and their correlative duties. Like correlativity, it owes its status within corrective justice to its being implicit in the law's doctrines and institutions. Consequently, whether the Kantian or Hegelian notion of rational agency is plausible is a philosophical question that lies beyond tort theory and that does not affect the place of personality within a corrective justice approach to liability. Moreover, if correlativity and personality are indeed complementary, acceptance of the former should lead to acceptance of the latter. Such acceptance would provide the theorists who now reject it with a concept that would be serviceable for their own formulations. In any case, the consensus about the highly structured notion of correlativity indicates that the main lines of the corrective justice approach to tort law are now firmly established. Although refinements inevitably remain to be made, radical revisions are unlikely to result from further reworking the standard material of corrective justice tort theory. Scholarly attention should instead turn to the examination of the place of corrective justice within the legal order as a whole and to the expansion of the corrective justice analysis from tort law to other bases of liability. (shrink)

This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...) with distributive rather than corrective justice.Central to the Kantian approach is the impermissibility of self-preference. The two types of self-preference, self-preference in conception and self-preference in action can respectively account for the objective standard and the Learned Hand test, which are the two most characteristic features of negligence and which are generally (and wrongly) considered to be inescapably aggregative. This corrective justice conception of the negligence standard can then be compared to Epstein's corrective justice conception of strict liability, and arguments can be offered in favour of the superiority of the former. (shrink)

The philosolphy of strict finitism is a research programme containing developmental theory and mathematics as its main branches. The first branch is concerned with the ontogenetic and historicaldevelopment of various concepts of infinity. The frame work is Jean Piaget’s genetic epistemology. Based upon these develop mental studies, the mathematical branch introduces a new concept of infinity into mathematics. Cantor propagated the actual infinite, Brouwer and the constructivists the potential infinite. Still more radical is strict finitism, favoring the natural infinite, i.e. (...) the phenomena of the unsurveyable, unfeasible, unreachable. There exist by this time strict finitistic reconstructions for arithmetic, geometry, calculus, and even for infinitistic set theory. (shrink)

Evolutionary discussions regarding the relationship between social status and fertility in the contemporary U.S. typically claim that the relationship is either negative or absent entirely. The published data on recent generations of Americans upon which such statements rest, however, are solid with respect to women but sparse and equivocal for men. In the current study, we investigate education and income in relation to age at first child, childlessness, and number of children for men and women in two samples—one of the (...) general American population and one of graduates of an elite American university. We find that increased education is strongly associated with delayed childbearing in both sexes and is also moderately associated with decreased completed or near-completed fertility. Women in the general population with higher adult income have fewer children, but this relationship does not hold within all educational groups, including our sample with elite educations. Higher-income men, however, do not have fewer children in the general population and in fact have lower childlessness rates. Further, higher income in men is positively associated with fertility among our sample with elite educations as well as within the general population among those with college educations. Such findings undermine simple statements on the relationship between status and fertility. (shrink)

Background: Prior research has explored reasons why health care providers may or may not choose to seek an ethics consultation. Although low-quality communication is evident in many ethics consultations, it is unknown whether poor communication in clinical settings is related to health care providers' requests for ethics involvement. Objective: To assess the relationship between self-reported ratings of health care providers' inter- and intraprofessional communication and ethics consultation requests. Method: This cross-sectional survey was conducted using a self-administered questionnaire of physicians and (...) nurses in six intensive care units at one academic medical center in the United States. The questionnaire assessed perceptions about requesting ethics consultations and how health care providers perceive communication. Results: Two hundred sixty-two participants (228 nurses and 34 physicians) responded to the survey (response rate 55%; 59% for nurses and 41% for physicians). Requests for an ethics consult were positively associated with perceived quality of interprofessional communication (r =.13, p <.05), but perceptions of the number of ethical dilemmas that occur on participants' units each month were negatively associated with the perceived quality of intra-professional communication (r = −.17, p <.01). Conclusion: The relationship that was hypothesized between perceived poor communication and increased number of ethics consultations was not borne out by these data. Indeed, we found the opposite; these finding suggests that good inter- and intraprofessional communication may promote the use of outside resources, such as ethics, when they are needed. (shrink)

Molyneux’s question asks whether a person born blind who has learned to identify shapes by touch could, if suddenly granted sight, immediately identify shapes visually. This question has often been used to structure discussions of whether there is a “rational connection” between sight and touch—whether it is possible to rationally doubt whether the same shape properties are both seen and felt. I distinguish two questions under this general heading. The first concerns, roughly, whether the visual and haptic perception of shape (...) is rationally connected in normally sighted perceivers. The second concerns, roughly, whether the visual and haptic perception of shape is rationally connected in all possible perceivers. I argue that real-world implementations of Molyneux’s question are irrelevant to the first question, but potentially relevant to the second. However, I also argue that the second question does not have the philosophical significance it is sometimes claimed to have. In particular, it cannot be used to adjudicate debates about whether the phenomenal character of perceptual experience is primarily determined “externally” by the worldly properties we perceive, or “internally” by physiological or functional properties of our brains. (shrink)

We describe the educational character and leadership development processes used by the United States Air Force Academy that other educational institutions may find useful. Our processes include an integrated educational curriculum designed to complement and integrate the experiential learning that results in achieving specific organizational outcomes, co-curricular activities in cadet living, and a specific focus on the ethical development of leaders’ respect for human dignity and cultural competency as well as the mechanisms to assess and refine our processes.

Thepuzzle of cross‐modal shape experienceis the puzzle of reconciling the apparent differences between our visual and haptic experiences of shape with their apparent similarities. This paper proposes that we can resolve the cross‐modal puzzle by reflecting on another puzzle. Thepuzzle of perspectival characterchallenges us to reconcile the variability of shape experience through shifts in perspective with its constancy. An attractive approach to the latter puzzle holds that shape experience is complex, involving bothperspectivalaspects andconstantaspects. I argue here that parallel distinctions between (...) perspectival and constant aspects of shape experience arise in sight and touch, and that perspectival aspects are modality‐specific while at least some constant aspects are constitutively multisensory. I then address a powerful challenge to the idea that aspects of spatial phenomenology are shared cross‐modally. (shrink)

It is widely thought that there are limits to how things can perceptually appear to us. For instance, nothing can appear both square and circular, or both pure red and pure blue. Adam Pautz has dubbed such constraints “laws of appearance.” But if the laws of appearance obtain, then what explains them? Here I examine the prospects for an empirical explanation of the laws of appearance. First, I challenge extant empirical explanations that appeal purely to the format of perceptual representation. (...) I then develop a hybrid approach, on which the laws are explained not merely by format, but by two further factors: ecological constraints imposed by our environments, and computational constraints embodied by our perceptual systems. While the hybrid approach implies that the laws of appearance are contingent, I argue that this implication is empirically defensible, since even some of the most intuitively compelling laws have real-world counterexamples. (shrink)

Conceptualism is the view that at least some perceptual representation is conceptual. This paper considers a prominent recent argument against Conceptualism due to Ned Block. Block’s argument appeals to patterns of color representation in infants, alleging that infants exhibit categorical perception of color while failing to deploy concepts of color categories. Accordingly, the perceptual representation of color categories in infancy must be non-conceptual. This argument is distinctive insofar as it threatens not only the view that all perception is conceptual, but (...) also views that restrict the Conceptualist thesis to perceptual categorization. However, I contend that it fails at two stages. Block’s arguments for the perceptual representation of color categories in infancy, and against color concept deployment in infancy, are unpersuasive. Thus, Block has not vanquished Conceptualism. I draw out implications for debates about the perception-cognition border and for the question of whether explicit categorization occurs in perception. (shrink)

Philosophers working on time-biases assume that people are hedonically biased toward the future. A hedonically future-biased agent prefers pleasurable experiences to be future instead of past, and painful experiences to be past instead of future. Philosophers further predict that this bias is strong enough to apply to unequal payoffs: people often prefer less pleasurable future experiences to more pleasurable past ones, and more painful past experiences to less painful future ones. In addition, philosophers have predicted that future-bias is restricted to (...) first-person preferences, and that people’s third-person preferences are time-neutral. Philosophers disagree vigorously about the normative status of these preferences—i.e., they disagree about whether first-person future-bias is rationally permissible. Time-neutralists, for example, have appealed to the predicted asymmetry between first- and third-person preferences to argue for the rational impermissibility of future-bias. We empirically tested these predictions, and found that while people do prefer more past pain to less future pain, they do not prefer less future pleasure to more past pleasure. This was so in both first and third-person conditions. This suggests that future-bias is typically non-absolute, and is more easily outweighed in the case of positive events. We connect this result to the normative debate over future-bias. (shrink)

Religion for a Secular Age provides a transnational history of modern Ved nta through a comparative study of two of its most important exponents, Friedrich Max Muller (1823 1900) and Swami Vivekananda (1863 1902). This book explains why Ved nta's appeal spanned the ostensibly very different contexts of colonial India and Victorian Britain and America, and how this ancient form of thought was translated by Muller and Vivekananda into a modern form of philosophy or religion. These religiously-committed men attempted to (...) reconcile religion with modernity by appealing to Advaita (literally, 'non-dualistic') Ved nta's monistic interpretation of reality. The 'scientific' study of religion allegedly demonstrated the evolutionary superiority of Ved nta and the possibility of religion's survival in 'the light of modern science'. They believed Ved nta could also provide the religious basis for moral engagement in this world, even as the hold of orthodox Christianity and traditional Hinduism appeared to be weakening. Ved nta thus served as a way of articulating a form of religion suitable for a secular age religion which has embraced modern forms of thought while breaking away from creeds, scriptures and institutions to thrive in the spheres of public debate of London, Calcutta and New York.". (shrink)