The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

This book consists of a collection of essays written between 1965 and 1981. Some have been published elsewhere; others appear here for the first time. Although dealing with different figures and different periods, they have a common theme: all are concerned with examining how the method of hy pothesis came to be the ruling orthodoxy in the philosophy of science and the quasi-official methodology of the scientific community. It might have been otherwise. Barely three centuries ago, hypothetico deduction was in (...) both disfavor and disarray. Numerous rival methods for scientific inquiry - including eliminative and enumerative induction, analogy and derivation from first principles - were widely touted. The method of hypothesis, known since antiquity, found few proponents between 1700 and 1850. During the last century, of course, that ordering has been inverted and - despite an almost universal acknowledgement of its weaknesses - the method of hypothesis (usually under such descriptions as 'hypothetico deduction' or 'conjectures and refutations') has become the orthodoxy of the 20th century. Behind the waxing and waning of the method of hypothesis, embedded within the vicissitudes of its fortunes, there is a fascinating story to be told. It is a story that forms an integral part of modern science and its philosophy. (shrink)

This anthology presents recent philosophical analyses of the moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the May Lai massacre, and apartheid in South Africa, the essays consider two questions - what collective efforts could have prevented these large-scale social harms? and is some group to blame and, if so, how is blame to be apportioned? The essays in the first half consider the concept of (...) collective responsibility in light of the debate between individualists and collectivists. In the second half these theoretical discussions are applied to cases involving harms in professional and business contexts, health care, wartime, and racial relations. Collective Responsibility represents the first comprehensive collection on the subject, bringing together a wide diversity of philosophical perspectives. Its theoretical and applied essays should make this collection of interest to both scholars and students interested in ethics and political philosophy. (shrink)

Now, twenty years later, this collection of fifteenessays brings her work into dialogue with those philosophical views that are at center stage today-- in critical theory, communitarianism, virtue theory, and feminism.

In a well-known essay, Thomas Pogge argues that Kant’s political philosophy is not comprehensive in Rawls’ sense, since it is independent of his moral philosophy. However, Pogge understands Kant’s comprehensive liberalism as the view that his moral philosophy entails his political philosophy. I question whether this is the best way to understand comprehensive liberalism, in Kant or in general. I argue that Kant’s comprehensive moral philosophy is not an independent argument for the moral truth of liberal ideals, but a liberal (...) way of justifying an independent commitment to politically liberal values, given that we all have values that are not political. (shrink)

This chapter contains sections titled: Distinguishing Different Kinds of Egalitarianism Equality, Fairness, Luck, and Responsibility Equality of What? The Subsistence Level, Sufficiency, and Compassion Prioritarianism and the Leveling Down Objection19 Equality or Priority? Illustrating Egalitarianism's Distinct Appeal Conclusion Notes.

Leibniz explains both activity and sensation in terms of the relative distinctness of perception. This paper argues that the systematic connection between activity and sensation is illuminated by Leibniz’s use of distinctness in analyzing each. Leibnizian sensation involves two levels of activity: on one level, the relative forcefulness of an expression enables certain expressions to stand out against the perceptual field, but in addition to this there is an activity of the mind that enables sensory experience. This connection of mental (...) activity and perceptual distinctness enables us to better appreciate the fundamental role perceptual distinctness plays in Leibniz’s theory of sensation. (shrink)

Human subjects seem to have a type of introspective access to their mental states that allows them to immediately judge the types and intensities of their occurrent emotions, as well as what those emotions are about or “directed at”. Such judgments manifest what I call “emotion-direction beliefs”, which, if reliably produced, may constitute emotion-direction knowledge. Many psychologists have argued that the “directed emotions” such beliefs represent have a componential structure, one that includes feelings of emotional responses and related but independent (...) representations of what those feelings are about. I argue that such componentiality may help to explain how emotion-direction knowledge is achievable. I begin by developing a hybrid view of introspection that combines David Chalmers’ phenomenal realism with Alvin Goldman’s “partial redeployment” account of meta-belief content. I then provide a process-reliabilist account of introspectively gained emotion-direction knowledge that outlines the minimum conditions of reliably forming emotion-direction beliefs, and specifies several ways in which the warrant of such beliefs could be defeated by relevant counterfactual alternatives. The overall account suggests how distinct introspective processes might be epistemically synergistic. (shrink)

This article has three main parts, Section 2 considers the nature and extent to which individuals who are well-off have a moral obligation to aid the worlds needy. Drawing on a pluralistic approach to morality, which includes consequentialist, virtue-based, and deontological elements, it is contended that most who are well-off should do much more than they do to aid the needy, and that they are open to serious moral criticism if they simply ignore the needy. Part one also focuses on (...) the United States, and illustrates both how incredibly wealthy the U.S. is and some of the spending habits of its citizens; however, its considerations apply to the well-off generally. Section 3 considers whether justice provides reasons for helping the needy. Noting that justice in an extremely complex notion, it discusses numerous considerations relevant to justices scope and implications, including an extended Rawlsian conception of justice, an absolute conception, a comparative conception, the distinction between natural and social justice, and various elements of common-sense morality. Section 2 also distinguishes between agent-relative justice-based reasons, which are relevant to whether we act justly, and agent-neutral justice-based reasons, which are relevant to whether we have reasons of justicefor acting. Correspondingly, it argues that even if one can ignore the needy without acting unjustly, as philosophers like Robert Nozick and Jan Narveson contend, there may be powerful reasons of justicefor addressing their plight. Section 4 briefly address the responsibilities of international organizations like the World Bank, the International Monetary Fund (IMF), and World Trade Organization (WTO). Drawing on Section 2, it is suggested that in addition to standard reasons to act justlytowards needy members of the worlds community, there will be reasons of justicefor such organizations to aid the needy in both present, and future, generations. The article concludes by contending that the well-off in countries like the U.S. have reason to view international organizations like the World Bank, IMF, and WTO as their agents, and to seek to insure that they alleviate misfortunes amongst the worlds needy. (shrink)

There is a rich tradition within game theory, decision theory, economics, and philosophy correlating practical rationality with impartiality, and spatial and temporal neutrality. I argue that in some cases we should give priority to people over both times and places, and to times over places. I also show how three plausible dominance principles regarding people, places, and times conflict, so that we cannot accept all three. However, I argue that there are some cases where we should give priority to times (...) over people, suggesting that there is impersonal value to the distribution of high quality life over different times. (shrink)

In March 1996, the General Accounting Office (GAO) issued the reportScientific Research: Continued Vigilance Critical to Protecting Human Subjects.It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always cleartoclinicians. Controversy (...) exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health (NIH) Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

The highly publicized deaths of research participants Ellen Roche and Jesse Gelsinger are stark reminders that risk is inherent in medical research and while untoward outcomes are infrequent when compared to individual and societal benefits, injury and even death will happen. Who is responsible for the welfare of research subjects and what are they owed? Why were they put at risk to begin with? Are obligations, if any, to research subjects dependent on the type of study in which they participate, (...) in recognition that there may be personal benefit from participation in some studies?The issue of injury resulting from participation in research and answers to questions such as those just posed were last considered in depth nearly 20 years ago by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. (shrink)

This article discusses many issues raised by Munoz-Dardé, Katz, Ross, and Kagan. In doing this, I accept many of their claims, but reject others. I contend that the Essentially Comparative View can make genuine comparisons, deny that a contractualist approach helps with my book’s puzzles, and grant that my book’s central results are difficult to comprehend. I note important differences between economists’s impossibility results and my own, but accept that they may illuminate each other, using Sen’s Paradox of the Paretian (...) Liberal to illustrate this. I consider my work’s implications for the Sorites Paradox, as well as famous deontological cases. I also significantly reassess the Narrow Person-Affecting View, and some of my responses to Parfit and Broome. Finally, I stress my book’s many arguments challenging the Axioms of Transitivity, the high costs of retaining such axioms, and the importance of not prematurely choosing between highly plausible views that are inconsistent. (shrink)

This chapter briefly discusses the history of the notion of "cure" in relation to serious mental illnesses from Pinel to the present day, including both theories on the nature of the illnesses and the nature of presumed therapeutic agents and mechanisms. The chapter then gives a brief overview of the notion of "recovery" in relation to serious mental illnesses, also from Pinel to the present day, and describes various definitions and forms of recovery as they have emerged over time. With (...) this historical and conceptual background in place, the chapter then takes up the present state-of-the-art in psychiatry in relation to both concepts of cure and recovery, considers the empirical and neuroscientific evidence available relative to each concept, and then suggests several directions for research and philosophical reflection as the field continues to evolve. Two guiding principles that shape this discussion are that mental illnesses are not one-dimensional phenomena, but may be made up of several loosely related components which each have their own natural course, and that mental illnesses do not typically take over the entirety of a person's functioning, but also leave other aspects of functioning relatively intact. The combination of these principles suggests that cure and recovery are not likely to be binary functions in relation to serious mental illnesses, but will more likely be more a matter of degree across multiple domains. (shrink)

This article discusses Jan Narveson's "Welfare and Wealth, Poverty and Justice in Today's World," and "Is World Poverty a Moral Problem for the Wealthy?" and their relation to my "Thinking about the Needy, Justice, and International Organizations." Section 2 points out that Narveson's concerns differ from mine, so that often his claims and mine fail to engage each other. For example, his focus is on the poor, mine the needy, and while many poor are needy, and vice versa, our obligations (...) may differ regarding the poor than regarding the needy. Also, Narveson invokes a narrow conception of morality as those rules that government or society may compel people to follow. Given a broader, more plausible, conception of morality, many of Narveson's claims actually support my substantive views. Section 3 shows that many of Narveson's claims are relevant to the best means of aiding the needy, but do not challenge the validity of that end. This is true, for example, of his claims about the role of poor governments, the importance of freedom, the undesirability of mere "handouts," and the effects of bad economic policies. Section 4 defends the importance of my distinction between acting justly and acting for reasons of justice. It illustrates that on several widely shared conceptions of justice there might be agent-neutral reasons of justice to aid the needy, even if from an agent-relative perspective one would not be acting unjustly if one failed to do so. Section 5 contests Narveson's portrayal of egalitarianism as concerned about inequality of wealth, per se, as insensitive to prior wrongs, and as holding that the worse-off have a right to be made better off at the expense of the well-off. In addition, it rejects Narveson's contention that egalitarians violate impartiality, and aim to impose their personal tastes on others. Section 6 challenges a fundamental assumption underlying Narveson's doctrine of mutual advantage. In addition, it denies that egalitarians are irrational merely because equality can conflict with the pareto principle. More generally, by appealing to impersonal ideals, it challenges the widely held view that the pareto principle is a condition of rationality. Section 7 argues that Narveson's meta-ethical assumptions are controversial, internally inconsistent, in tension with his normative views, and ultimately a version of skepticism. In addition, it challenges Narveson's view about the role intuitions play in moral theory. Section 8 clarifies points where Narveson's discussion of my views may be misleading. Finally, the paper notes the role that moral reasons may play in deliberation and action, but emphasizes the philosophical and theoretical nature of my work. My aim is to determine the moral considerations that are relevant to how people should act regarding the needy. Whether people will actually be moved to so act, for those reasons or otherwise, is another matter. (shrink)