While the ethical use of deception has been discussed in literature, the ethics and acceptability of nursing deception has yet to be studied. The current study examined nurses’ and nursing students’ ratings of the ethics and acceptability of nursing deception. We predicted that nurses and nursing students would rate a truthful vignette as more ethical than a deceptive vignette. We also predicted that participants would rate nursing deception as unethical and unacceptable. A mixed design was used to examine ethics scores (...) as a within-subjects factor and order as a between-groups design factor. A total of 131 nurses and nursing students were recruited from university nursing programs and hospitals in Texas. Participants were provided with a truthful vignette and deceptive vignette and used the Multidimensional Ethics Scale-Revised 1 to rate each vignette. Participants also completed the Lies in Nursing Ethics Questionnaire. The truthful nursing vignette was rated as more ethical than the deceptive vignette. Results indicated that most participants rated nursing deception as unethical, unacceptable, and a violation of the ANA ethical code. Some participants deemed that nursing deception may be acceptable within some cases. Age and years of experience were not related to the perceived ethics and acceptability of nursing deception. Nurses and nursing students believe that using deception with patients is unethical and unacceptable. However, some participants believed that deception may be warranted within some cases. These findings may reflect nurses’ placing the patient at the core of their values and viewing honesty as important for the nurse-patient relationship. Further implications and directions are discussed. (shrink)

This article seeks to address the doctrine of the atonement using both the methodology of philosophical theology as well as the voices of feminist theology. Working primarily with the Christus Victor model and expanding upon Anslem’s framework, contemporary voices in feminist theological scholarship such as Darby Kathleen Ray, Kathryn Tanner, Mary Grey and Carter Heyward will be built upon in order to better further the conversation of the work of the cross.

Continental authors and editors often sought to ground alchemical writing within a long-established, coherent and pan-European tradition, appealing to the authority of adepts from different times and places. Greek, Latin and Islamic alchemists met both in person and between the covers of books, in actual, fictional or coincidental encounters: a trope utilised in Michael Maier’s Symbola aureae mensae duodecim nationum. This essay examines how works attributed to an English authority, George Ripley, were received in central Europe and incorporated into continental (...) compendia. Placed alongside works by the philosophers of other nations, Ripley’s writings helped affirm the unity and truth of alchemy in defiance of its critics. His continental editors were therefore concerned not only with the provenance of manuscripts and high-quality exemplars, but by a range of other factors, including the desire to suppress controversial material, intervene in contemporary polemics, and defend their art. In the resulting compilations, the vertical axis of alchemy’s long, diachronic tradition may be compared to the horizontal plane of pan-European alchemy. (shrink)

"Geist" , or, what gives Jungian psychology its absolute uniqueness and is the source of its true life -- 'The psychological difference' in Jung's mysterium coniunctionis -- C.G. Jung's substantial denial of 'the psychological difference' in his psychology -- Interiorizing an underlined sentence into itself : some reflection on being "only that!" -- Image as picture, image as debris -- A note on 'soul', 'man', anthropology, and psychology -- A little light -- The logic of forgiveness -- Reflections on a (...) case study of neurosis in light of PDI -- The nuclear bomb re-visited through the eyes of the Shoah -- "One small step for a man..." : the moon landing and 'the psychological difference' -- This loss is not an interlude : entering the radical ecopsychology project. (shrink)

In 2002, the United States federal government created the Healthy Marriage Initiative, a policy that has distributed almost $1 billion in welfare money to marriage education programs. Drawing on ethnographic fieldwork in classes for a purposive sample of 20 government-approved marriage education programs and textual analysis of more than 3,000 pages of curricular materials, I analyze how U.S. healthy marriage policy addresses issues of gendered communication and power. This case reveals the limitations of what I call ‘‘interpersonal gender interventions,’’ which (...) obscure how gendered ideologies and inequalities are often maintained through institutionalized practices and state action. Specifically, I argue that by focusing on negotiation, communication, and conflict-resolution strategies—or what marriage educators call “relationship skills”—at the interactional level, state-sponsored marriage education masks persistent institutionalized gender inequalities, namely, latent and hidden forms of marital power. More broadly, I use this case to reveal how interpersonal gender interventions will likely have limited utility if individuals learn to develop more gender-egalitarian beliefs in the absence of institutional changes that enable them to act on these values. (shrink)

Essays on The Soul's Logical Life in the Work of Wolfgang Giegerich: Psychology as the Discipline of Interiority is the second collection of essays dedicated to the study and application of Psychology as the Discipline of Interiority - a new 'wave' within Analytical Psychology which pushes off from the work of C. G. Jung and James Hillman. Reflecting upon the notion of psychology developed by German psychoanalyst Wolfgang Giegerich, whose Hegelian turn sheds light on the notion of soul, or the (...) objective psyche, and its inner logic and 'thought', forming a radical new basis from which to ground a modern psychology with soul. The book explores the theme of "the soul's logical life" as it displays itself in various modern phenomena, from overwhelming anxiety, cryptocurrency, the dreams of Japanese college students, and contemporary psychoanalysis, to myth, music, social movements, and the question and relevance of truth in psychology and consciousness. The authors, comprising clinical psychologists, teachers, Jungian analysts, and international scholars, aim to reveal and convey the dialectical inner workings and speculative logic of the modern soul. Essays on The Soul's Logical Life in the Work of Wolfgang Giegerich: Psychology as the Discipline of Interiority will be essential reading for depth and clinical psychologists, Jungian psychoanalysts, and academics and students of post-Jungian studies, and for all those interested in what it means to think in the highly sophisticated and technological world of the twenty-first century. (shrink)

ABSTRACTThis article addresses ethical and legal issues arising from the increasing use of e‐mail and other forms of instant written communication in the conduct of business. E‐mail communications are often casual and informal. Yet e‐mail is a written record that can be more permanent and widely accessible than a paper communication. This article focuses on the implications of this fact, including how individuals compromise their own privacy by the voluntary use of e‐mail; how e‐mail has complicated the duty of confidentiality (...) of employees to employers, and professionals to clients; whether the use of e‐mail affects ethical deliberation and choice; and the use of e‐mail as evidence of corporate conduct and intent in civil and criminal litigation. The article suggests that e‐mail users think “forensically” about their e‐mail—i.e., consider its potential as evidence in the context of other emails and underlying events—before pressing the “send” button. (shrink)

Hardbound. Reflecting the cultural diversity in critical theory, Current Perspectives in Social Theory presents work from a variety of theoretical traditions ...

Categorical perception (CP) refers to how similar things look different depending on whether they are classified as the same category. Many studies demonstrate that adult humans show CP for human emotional faces. It is widely debated whether the effect can be accounted for solely by perceptual differences (structural differences among emotional faces) or whether additional perceiver-based conceptual knowledge is required. In this review, I discuss the phenomenon of CP and key studies showing CP for emotional faces. I then discuss a (...) new model of emotion which highlights how perceptual and conceptual knowledge interact to explain how people see discrete emotions in others’ faces. In doing so, I discuss how language (emotion words included in the paradigm) contribute to CP. (shrink)

Abstract: Practical deliberation is deliberation concerning what to do governed by norms on intention (e.g. means-end coherence and consistency), which are taken to be a mark of rational deliberation. According to the theory of practical deliberation I develop in this paper we should think of the norms of rational practical deliberation ecologically: that is, the norms that constitute rational practical deliberation depend on the complex interaction between the psychological capacities of the agent in question and the agent's environment. I argue (...) that this view does a better job of justifying particular norms for practical deliberation than intrinsic or constitutivist theories. Finally, I argue against the Myth Theory of deliberation, which takes there to be no such norms on deliberation. (shrink)

In this paper, we address the different ways in which dream research can contribute to interdisciplinary consciousness research. As a second global state of consciousness aside from wakefulness, dreaming is an important contrast condition for theories of waking consciousness. However, programmatic suggestions for integrating dreaming into broader theories of consciousness, for instance by regarding dreams as a model system of standard or pathological wake states, have not yielded straightforward results. We review existing proposals for using dreaming as a model system, (...) taking into account concerns about the concept of modeling and the adequacy and practical feasibility of dreaming as a model system. We conclude that existing modeling approaches are premature and rely on controversial background assumptions. Instead, we suggest that contrastive analysis of dreaming and wakefulness presents a more promising strategy for integrating dreaming into a broader research context and solving many of the problems involved in the modeling approach. (shrink)

(1994). The role of the inner enemy in European self-definition: Identity, culture and international relations theory. History of European Ideas: Vol. 19, No. 1-3, pp. 53-61.

Native women residing in the Subarctic and Arctic are currently struggling for the right to decide whether they will be hospitalized or have a midwife present for the birth of their children. The argument presented in this review paper outlines the cultural and clinical factors in favour of recognizing and legalizing traditional midwifery in the North and critically examines the statistical and safety concerns raised by those arguing against giving Northern Native women an alternative to evacuation from their home communities.

Planning allows us to coordinate our actions over time, and the ability to plan is crucial in many areas of our lives. I argue that while planning is deeply embedded in contemporary societies, not all individuals have equal access to the structures that support such planning. This article explores how external planning-support structures are essential to our capacity to plan and how inequality in access to these structures can impact an individual's ability to deliberate and pursue long-term plans. I conclude (...) by suggesting that we need to think more deeply about unequal access to the structures that support planning directly, not just inequality in resources. (shrink)

[First Paragraph] Unlike so many other distinctions in philosophy, H P Grice's distinction between what is said and what is implicated has an immediate appeal: undergraduate students readily grasp that one who says 'someone shot my parents' has merely implicated rather than said that he was not the shooter [2]. It seems to capture things that we all really pay attention to in everyday conversation'this is why there are so many people whose entire sense of humour consists of deliberately ignoring (...) implicatures. ('Can you pass the salt?' 'Yes.') Unsurprisingly, it was quickly picked up and put to a wide variety of uses in not only in philosophy but also in linguistics and psychology. What is surprising, however, is that upon close inspection Grice's conception of implicature turns out to be very different from those at work in the literature which has grown out of his original discussion. This would not be much of a criticism of this literature were it not for the fact that discussions of implicature explicitly claim to be using Grice's notion, not some other one inspired by him (generally going so far as to quote one of Grice's characterisations of implicature). This still would not be terribly interesting if the notion Grice was actually carving out had little theoretical or practical utility. But I will argue here that Grice's own notion of implicature, one quite different from the ones most of us have come to work with, is in fact far more interesting and subtle than that which has been attributed to him. (shrink)

Emotional arousal and negative affect enhance recall of central aspects of an event. However, the role of discrete emotions in selective memory processing is understudied. Undergraduates were asked to recall and rate autobiographical memories of eight emotional events. Details of each memory were rated as central or peripheral to the event. Significance of the event, vividness, reliving and other aspects of remembering were also rated for each memory. Positive affect enhanced recall of peripheral details. Furthermore, the impairment of peripheral recall (...) was greatest in memories of anger, not of fear. Reliving the experience at retrieval was negatively correlated with recall of peripheral details for some emotions (e.g., anger) but not others (e.g., fear), irrespective of similarities in affect and intensity. Within individuals, recall of peripheral details was correlated with less belief in the memory's accuracy and more likelihood to recall the memory from one's own eyes (i.e., a field perspective). (shrink)

The rise to power of Donald Trump has been shocking in many ways. One of these was that it disrupted the preexisting consensus that overt racism would be death to a national political campaign. In this paper, I argue that Trump made use of what I call “racial figleaves”—additional utterances that provide just enough cover to give reassurance to voters who are racially resentful but don’t wish to see themselves as racist. These figleaves also, I argue, play a key role (...) in shifting our norms about what counts as racist: they bring it about that something which would previously have been seen as revealing obvious racism is now seen as the sort of thing that a nonracist might say. This gives them tremendous power to corrupt not just our political discourse but our culture more broadly. (shrink)

Upward mobility through the path of higher education has been an article of faith for generations of working-class, low-income, and immigrant college students. While we know this path usually entails financial sacrifices and hard work, very little attention has been paid to the deep personal compromises such students have to make as they enter worlds vastly different from their own. Measuring the true cost of higher education for those from disadvantaged backgrounds, Moving Up without Losing Your Way looks at the (...) ethical dilemmas of upward mobility—the broken ties with family and friends, the severed connections with former communities, and the loss of identity—faced by students as they strive to earn a successful place in society. -/- Drawing upon philosophy, social science, personal stories, and interviews, Jennifer Morton reframes the college experience, factoring in not just educational and career opportunities but also essential relationships with family, friends, and community. Finding that student strivers tend to give up the latter for the former, negating their sense of self, Morton seeks to reverse this course. She urges educators to empower students with a new narrative of upward mobility—one that honestly situates ethical costs in historical, social, and economic contexts and that allows students to make informed decisions for themselves. -/- A powerful work with practical implications, Moving Up without Losing Your Way paves a hopeful road so that students might achieve social mobility while retaining their best selves. (shrink)

Practical deliberation consists in thinking about what to do. Such deliberation is deemed rational when it conforms to certain normative requirements. What is often ignored is the role that an agent's context can play in so-called ‘failures’ of rationality. In this paper, I use recent cognitive science research investigating the effects of resource-scarcity on decision-making and cognitive function to argue that context plays an important role in determining which norms should structure an agent's deliberation. This evidence undermines the view that (...) the norms of ‘ideal’ rationality are necessary and universal requirements on deliberation. They are a solution to the problems faced by cognitively limited agents in a context of moderate scarcity. In a context of severe scarcity, the problems faced by cognitively limited agents are different and require deliberation structured by different norms. Agents reason rationally when they use the norms best suited to their context and cognitive capacities. (shrink)

The paper proposes a minimal definition of dreaming in terms of immersive spatiotemporal hallucination (ISTH) occurring in sleep or during sleep–wake transitions and under the assumption of reportability. I take these conditions to be both necessary and sufficient for dreaming to arise. While empirical research results may, in the future, allow for an extension of the concept of dreaming beyond sleep and possibly even independently of reportability, ISTH is part of any possible extension of this definition and thus is a (...) constitutive condition of dreaming. I also argue that the proposed ISTH model of dreaming, in conjunction with considerations on the epistemic relationship between dreaming and dream reports, raises important questions about the extent to which dreams typically involve a detailed body representation—an assumption that plays an important role in philosophical work on dreaming. As a commonly accepted definition of dreaming is lacking in current dream research, the ISTH model, which integrates conceptual analysis and epistemological considerations with results from empirical research, is an important contribution to this field. By linking dreaming to felt presence, full-body illusions, and autoscopic phenomena such as out-of-body experiences in wakefulness and in the hypnagogic state, the ISTH model of dreaming also helps integrate dream research, both theoretically and experimentally, with the study of other altered states of consciousness involving hallucinations. It makes straightforward and investigable predictions by claiming that all of these experiences have amodal spatiotemporal hallucinations as their common denominator. Finally, it is theoretically relevant for the philosophical discussion on minimal phenomenal selfhood. (shrink)

The temporal period between the moment of deliberation and the execution of the intention varies widely—from opening an umbrella when one feels the first raindrops hit to planning and writing a book. I investigate the distinctive ability that adult human beings have to deliberate for their far future selves exhibited at the latter end of this temporal spectrum, which I term prospective deliberation. What grounds it when it is successful? And, why does it fail in some cases? I shall argue (...) that an agent is warranted in deliberating for a future self when her reasons give her the right kind of cross-temporal authority. I argue that this authority is distinctive and cannot be accounted for by theories of agential authority that take desires, value judgments, or willings as the ground of authority in standard cases of deliberation. According to the theory I propose having the right kind of cross-temporal agential authority is not only a matter of having epistemic access to a future self’s reasons or being the same metaphysical person as a future self, it requires confidence that the agent’s reasons support undertaking such a normative commitment and that that future self will see the normative force of those reasons as the agent sees them. In other words, cross-temporal agential authority requires that the past self and the future self share a normative perspective. I show that this further condition only obtains if the agent sees her reasons in deliberation as having certain features. (shrink)

In this paper, I discuss the relationship between bodily experiences in dreams and the sleeping, physical body. I question the popular view that dreaming is a naturally and frequently occurring real-world example of cranial envatment. This view states that dreams are functionally disembodied states: in a majority of dreams, phenomenal experience, including the phenomenology of embodied selfhood, unfolds completely independently of external and peripheral stimuli and outward movement. I advance an alternative and more empirically plausible view of dreams as weakly (...) phenomenally-functionally embodied states. The view predicts that bodily experiences in dreams can be placed on a continuum with bodily illusions in wakefulness. It also acknowledges that there is a high degree of variation across dreams and different sleep stages in the degree of causal coupling between dream imagery, sensory input, and outward motor activity. Furthermore, I use the example of movement sensations in dreams and their relation to outward muscular activity to develop a predictive processing account. I propose that movement sensations in dreams are associated with a basic and developmentally early kind of bodily self-sampling. This account, which affords a central role to active inference, can then be broadened to explain other aspects of self- and world-simulation in dreams. Dreams are world-simulations centered on the self, and important aspects of both self- and world-simulation in dreams are closely linked to bodily self-sampling, including muscular activity, illusory own-body perception, and vestibular orienting in sleep. This is consistent with cognitive accounts of dream generation, in which long-term beliefs and expectations, as well as waking concerns and memories play an important role. What I add to this picture is an emphasis on the real-body basis of dream imagery. This offers a novel perspective on the formation of dream imagery and suggests new lines of research. (shrink)

One of the most important aspects of Grice’s theory of conversation is the drawing of a borderline between what is said and what is implic- ated. Grice’s views concerning this borderline have been strongly and influentially criticised by relevance theorists. In particular, it has become increasingly widely accepted that Grice’s notion of what is said is too lim- ited, and that pragmatics has a far larger role to play in determining what is said than Grice would have allowed. (See for (...) example Bezuidenhuit 1996; Blakemore 1987; Carston 1991; Recanati 1991, 1993, 2001; Sperber and Wilson 1986; Wilson and Sperber 1981.) In this paper, I argue that the rejection of Grice has moved too swiftly, as a key line of objection which has led to this rejection is flawed. The flaw, we will see, is that relevance theorists rely on a misunderstanding of Grice’s project in his theory of conversation. I am not arguing that Grice’s versions of saying and implicating are right in all details, but simply that certain widespread reasons for rejecting his theory are based on misconceptions. (shrink)

Most words in English are ambiguous between different interpretations; words can mean different things in different contexts. We investigate the implications of different types of semantic ambiguity for connectionist models of word recognition. We present a model in which there is competition to activate distributed semantic representations. The model performs well on the task of retrieving the different meanings of ambiguous words, and is able to simulate data reported by Rodd, Gaskell, and Marslen‐Wilson [J. Mem. Lang. 46 (2002) 245] on (...) how semantic ambiguity affects lexical decision performance. In particular, the network shows a disadvantage forwords with multiple unrelated meanings (e.g., bark) that coexists with a benefit for words with multiple related word senses (e.g., twist). The ambiguity disadvantage arises because of interference between the different meanings, while the sense benefit arises because of differences in the structure of the attractor basins formed during learning. Words with few senses develop deep, narrow attractor basins, while words with many senses develop shallow, broad basins. We conclude that the mental representations of word meanings can be modelled as stable states within a high‐dimensional semantic space, and that variations in the meanings of words shape the landscape of this space. (shrink)

Political liberalism, conceived of as a response to the diversity of conceptions of the good in multicultural societies, aims to put forward a proposal for how to organize political institutions that is acceptable to a wide range of citizens. It does so by remaining neutral between reasonable conceptions of the good while giving all citizens a fair opportunity to access the offices and positions which enable them to pursue their own conception of the good. Public educational institutions are at the (...) center of the state’s attempt to foster both of these commitments. I argue that recent empirical research on the role that non-cognitive dispositions (such as assertiveness) play in enabling students to have access to two important primary goods – opportunities for higher education and desirable jobs – creates a distinctive challenge for a liberal egalitarian education in remaining neutral with respect to conceptions of the good while promoting equal opportunity. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 728-746, May 2022.

Journal of Political Philosophy, EarlyView.

Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, since structural (...) racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations. (shrink)

Much attention has been given to determining whether an adolescent patient has the capacity to consent to research. This study explores the factors that influence adolescents' decisions to participate in a research study about youth violence and to determine positive or negative feelings elicited by being a research subject. The majority of subjects perceived their decision to participate to be free of coercion, and few felt badly about having participated. However, adolescents who were alone in the room during the assent (...) process were more likely to report that they chose freely to be a research subject. This study may influence the ways physicians communicate with adolescent patients around research assent within a clinical care environment. 1This article was presented at the Annual Meetings of The Pediatric Academic Societies in Baltimore, MD and The Society for Academic Emergency Medicine in Atlanta, GA in May, 2001. (shrink)

This article explores the relationship between neoconservative values and neoliberalism in American jurisprudence through a critique of the US Supreme Court’s Hobby Lobby decision. The article uncovers how the Court imposes market-oriented logic on religious expression and in the process spiritualizes economic activity. In this way neoliberal rationality is intertwined with neoconservative values. For example, exercising religion through corporatization can be understood as a neoconservative moderation of the corrupting influence of excessive neoliberal individualism. Finally, while the decision furthers employer control (...) of workers’ reproduction, the Court’s proposed workaround—a direct government contraceptives program—would undermine that control and points to another, more emancipatory response to the problems of neoliberalism. (shrink)

Poverty has traditionally been conceived of as a state of deprivation. To be poor is to lack something essential to human flourishing. How that something is understood—in terms of welfare, resources, or capabilities—and how it is measured—in absolute terms or relative to a social standard—has been the subject of much debate within the development literature. In this paper, I put forward an account of poverty rooted in the philosophy of action. I argue that poverty essentially involves being in a context (...) in which a reasonable agent’s future-directed agency is systemically undermined. Centering this dimension of poverty allows us to attend to aspects of poverty that are easily overlooked on existing accounts. (shrink)

There is growing interest in the evolutionary dynamics of molecular genetic pathways and networks, and the extent to which the molecular evolution of a gene depends on its position within a pathway or network, as well as over‐all network topology. Investigations on the relationships between network organization, topological architecture and evolutionary dynamics provide intriguing hints as to how networks evolve. Recent studies also suggest that genetic pathway and network structures may influence the action of evolutionary forces, and may play a (...) role in maintaining phenotypic robustness in organisms. BioEssays 26:479–484, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Emoji faces, which are ubiquitous in our everyday communication, are thought to resemble human faces and aid emotional communication. Yet, few studies examine whether emojis are perceived as a particular emotion and whether that perception changes based on rendering differences across electronic platforms. The current paper draws upon emotion theory to evaluate whether emoji faces depict anatomical differences that are proposed to differentiate human depictions of emotion. We modified the existing Facial Action Coding System to apply to emoji faces. An (...) equivalent “emoji FACS” rubric allowed us to evaluate two important questions: First, Anatomically, does the same emoji face “look” the same across platforms and versions? Second, Do emoji faces perceived as a particular emotion category resemble the proposed human facial expression for that emotion? To answer these questions, we compared the anatomically based codes for 31 emoji faces across three platforms and two version updates. We then compared those codes to the proposed human facial expression prototype for the emotion perceived within the emoji face. Overall, emoji faces across platforms and versions were not anatomically equivalent. Moreover, the majority of emoji faces did not conform to human facial expressions for an emotion, although the basic anatomical codes were shared among human and emoji faces. Some emotion categories were better predicted by the assortment of anatomical codes than others, with some individual differences among platforms. We discuss theories of emotion that help explain how emoji faces are perceived as an emotion, even when anatomical differences are not always consistent or specific to an emotion. (shrink)

This article offers an understanding of the normative basis of unjust enrichment. It begins by considering whether the right at stake in cases of unjust enrichment fits within a Kantian conception of right that treats free agency as the sole aspect of the person commanding respect. It argues that it does not because, in cases of unjust enrichment, recovery does not depend on finding a violation of the plaintiff's bare freedom to choose. The article then argues that unjust enrichment vindicates (...) the plaintiff's right of self-determination—the realization of the capacity to live from self-chosen ends—when the laws of property and contract threaten to undermine it. This resolves the puzzles of unjust enrichment law that remain mysterious on other accounts, such as how the plaintiff can have a right to recovery even though property has been effectively transferred to the defendant, why the plaintiff may recover even though the defendant has been purely passive and has committed no wrong, and why unjust enrichment fails to exhibit the structure of corrective justice. (shrink)