This book is the result of a retired judge's curiosity about the meaning of 'moral' and 'ethical,' two ambiguous terms that mean different things to different people. Following ten guidelines, the author concludes that the terms 'right' and 'wrong' provide a more practical standard of conduct.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

Robert Cummins has recently used the program of Clark Hull to illustrate the effects of logical positivist epistemology upon psychological theory. On Cummins's account, Hull's theory is best understood as a functional analysis, rather than a nomological subsumption. Hull's commitment to the logical positivist view of explanation is said to have blinded him to this aspect of this theory, and thus restricted its scope. We will argue that this interpretation of Hull's epistemology, though common, is mistaken. Hull's epistemological views were (...) developed independently of, and in considerable contrast to, the principles of logical positivism. (shrink)

For over four decades feminist linguists and philosophers of language have addressed the semantic, cognitive, and political factors associated with gender asymmetries in nominal and pronominal choice. The sociolinguistic spotlight has focused on the history, extent, and implications of the prescriptively sanctioned use of man and he for sex-neutral reference—he/man language in Martyna ’s term. Bare singular and simple indefinite man in exemplify this use, while the bare singulars in yield the male-specific meaning exhibited by the man or that man.

This book offers a unique synthesis of past and current work on the structure, meaning, and use of negation and negative expressions, a topic that has engaged thinkers from Aristotle and the Buddha to Freud and Chomsky. Horn's masterful study melds a review of scholarship in philosophy, psychology, and linguistics with original research, providing a full picture of negation in natural language and thought; this new edition adds a comprehensive preface and bibliography, surveying research since the book's original publication.

The results of empirical research in psychology and psychiatry are increasingly being used to formulate as well as understand problems at the interface of law and psychiatry. There has been a proliferation of studies, such as the determinants of individual competence or threat to self or others, the results of which are influencing policy and legislative decisions as well as buttressing holdings in court cases. In this article, I explore the issues of interpretation of epidemiological studies, particularly the role of (...) ideological positions on the design and results of empirical findings, the importance of the way data are interpreted, and the role of ideologies in the way research findings are presented to provide support for policy positions. Two levels of analysis are involved in determining the validity of a study. The first addresses the questions of whether the study meets the statistical and epidemiological requirements for reliable results. These include considerations such as the appropriateness of the study design and methods for gathering and interpreting data. The second focuses on the underlying framework of the study. This involves factors such as the perspectives and values of those conducting the study, the explicit and implicit dominating ideologies where they operate, and the extent to which the study is constructed to reaffirm specific ideologies. This level of analysis is essential for disclosing the influences of ideologies on the results of studies and the way in which data are interpreted. In this article, I try to demonstrate through critiques of selected studies that the first stage of analysis is insufficient without an examination of underlying preconceived values to establish the meaningfulness of results. (shrink)

I Conceptual Foundations Ethical problems emerging from modern medical technology have been evaluated on an issue-by-issue basis. ...

Addresses issues that emerged as result of research in pragmatics proper and neighboring fields such as cognitive psychology, philosophy, bilingualism and communication. This book discusses theoretical and empirical work in these paradigms which directed attention to questions that warrant reexamination and revision of some tenets of the field.

This volume provides new insights on lying and (intentionally) misleading in and out of the courtroom, a timely topic for scholarship and society. Not all deceptive statements are lies; not every lie under oath amounts to perjury---but what are the relevant criteria? Taxonomies of falsehood based on illocutionary force, utterance context and speakers' intentions have been debated by linguists, moral philosophers, social psychologists and cognitive scientists. Legal scholars have examined the boundary between actual perjury and garden-variety lies. The fourteen previously (...) unpublished essays in this book apply theoretical and empirical tools to delineate the landscape of falsehood, half-truth, perjury, and verbal manipulation, including puffery, bluffing, and bullshit. The papers in this collection address conceptual and ethical aspects of lying vs. misleading and the correlation of this opposition with the Gricean pragmatic distinction between what is said and what is implicated. The questions of truth and lies addressed in this volume have long engaged the attention of scholars in linguistics, philosophy, psychology, cognitive science, organizational research, and the law, and researchers from all these fields will find this book of interest. (shrink)

Lepore and Stone seek to replace the rationality-based Gricean picture of coordination between speaker and hearer with one leaning more strongly on the roles of convention and speaker knowledge while doing away with conversational implicature. Focusing on the phenomena of indirect speech acts, asymmetric conjunction, and scalar inferencing, I argue that the case for abandoning implicature as an analytical tool is not ultimately compelling. I seek further to demonstrate the utility of the classical Gricean distinction between what is said and (...) what is implicated in the construction of an intuitively appealing approach to the perennial question of how to distinguish lying from misleading inside and outside the legal domain. (shrink)

It is generally accepted that appropriate documentation of activities and recommendations of ethics consultants in patients’ medical records is critical. Despite this acceptance, the bioethics literature is largely devoid of guidance on key elements of an ethics chart note, the degree of specificity that it should contain, and its stylistic tenor. We aim to provide guidance for a variety of persons engaged in clinical ethics consultation: new and seasoned ethics committee members who are new to ethics consultation, students and trainees (...) in clinical ethics, and those who have significant experience with ethics consultation so that they can reflect on their practice. Toward the goal of promoting quality charting practices in ethics consultations, we propose recommendations on a broad array of questions concerning clinical ethics consultation chart notes, including whether and when to write a chart note, and practical considerations for the tenor, purpose, and content of a chart note. Our broader aim is to promote discussion about good charting practices in clinical ethics, with the hope of contributing to clear standards of excellence in clinical ethics consultation. (shrink)

Because men are overrepresented within positions of power, men are perceived as the default in academia. Androcentric bias emerges whereby research by men and/or dominated by men is perceived as higher quality and gains more attention. We examined if these androcentric biases materialize within fields that study bias. How do individuals in close contact with psychology view psychology research outlets with titles including the words women, gender, sex, or feminism or contain the words men or masculinity versus psychology journals that (...) publish other-specialized research, and do these perceptions differ in the general public? While the men-related journal was less meritorious than its other-specialty journal, evidence emerged supporting androcentric bias such that the men-related journal was more favorable than the other sex/gender-related journals. Further, undergraduate men taking psychology classes rated sex/gender-related versus other-specialty journals as less favorable, were less likely to recommend subscription, and rated the journals as lower quality. Low endorsement of feminist ideology was associated with less support for sex/gender-related journals versus matched other-specialty journals. Decreased subscription recommendations for sex/gender-related journals were mediated by decreased favorability and quality beliefs, especially for men and those low in feminist ideology. However, we found possible androcentric-interest within the public sphere. The public reach of articles published in sex/gender-related was greater than other-specialty journals. The consequences of these differential perceptions for students versus the public and the impact on women’s advancement in social science and psychological science are discussed. (shrink)

The concept of meaning, since Frege initiated the linguistic turn in 1884, has been the subject of numerous theories, hypotheses, methodologies and distinctions. One distinction of considerable strategic value relates to the location of meaning: some aspects of meaning can be found in language and are modelled with semantic values of various kinds; some aspects of meaning can be found in communicative processes and are modelled with pragmatic inferences of one sort or another. One hypothesis of great heuristic utility concerns (...) the relationship that is assumed between the semantic and the pragmatic. This collection of especially commissioned papers examines current thinking on the plausible nature of the semantic, the possible character of the pragmatic and the mechanics of their intersection. (shrink)

Too many patients are injured in the course of medical care. This truth is as distressing now as it was four years ago when it began an article in this journal’s last similar symposium. Many or most injuries seem preventable. Yet today’s systems of care and of oversight of care too often fail to prevent them, despite generations of increasing legal intervention. Few injuries are litigated, even fewer addressed through medical peer review or state disciplinary authorities. The Institute of Medicine’s (...) landmark report To Err Is Human brought patient safety to national attention when released in late 1999. Half a decade later, significant reduction of injury remains a distant prospect, despite some apparent progress. (shrink)

The corporate social responsibility literature recognizes that firms’ existing CSR reputation can serve as a safeguard from the impact of reputation-damaging events on a firm’s social legitimacy. However, the literature has yet to focus on the extent to which CSR activities can help mitigate such damage, post-event. This article examines how a firm’s social actions following a product recall facilitate the recovery of its diminished social legitimacy. We test our predictions using a sample of 197 product recalls involving 168 publicly (...) traded corporations from 1999 to 2009 and demonstrate that the speed of the CSR response, the frequency of CSR activities, and the intensity of CSR activities have a significant effect on firm recovery following crisis. The effects were most pronounced in instances where the magnitude of the recall was most severe. The visibility of the recall has a limited impact on post-event recovery. We discuss our contributions to research on strategic CSR and recovery. (shrink)

Grice introduced generalized conversational implicatures with the following example: "Anyone who uses a sentence of the formX is meeting tz woman this evening would normally implicate that the person to be met was someone other than X’s wife, mother, sister, or perhaps even close platonic friend" (1975 : 37). Concerning this example, he suggested the following account: When someone, by using the form of expression an JQ implicates that the X does not belong to or is not otherwise closely connected (...) with some identifiable person, the implicature is present because the speaker has failed to be specific in a way in which he might have been expected to be specific. (Grice 1975: 38.) Grice went on to sketch an explanation as to why such an implicature should arise, involving the different ways in which we behave towards things that are closely related to.. (shrink)

This Article explores the relationship between the legitimacy of international courts and expansive judicial lawmaking. We compare lawmaking by three regional integration courts - the Court of Justice of the European Union, the Andean Tribunal of Justice, and the ECOWAS Community Court of Justice. These courts have similar jurisdictional grants and access rules, yet each has behaved in a strikingly different way when faced with opportunities to engage in expansive judicial lawmaking. The CJEU is the most activist, but its audacious (...) legal doctrines have been assimilated as part of the court’s legitimate authority. The ATJ and ECOWAS have been more cautious, but there is little to suggest that this caution has enhanced the legitimacy of either court. The ATJ has avoided serious challenges from governments, but its rulings have had little political impact. Conversely, the ECCJ’s circumspection has not shielded it from political opposition to its adjudication of clearly-established human rights. This pattern is at odds with the oft-voiced conventional wisdom that expansive judicial lawmaking undermines judicial legitimacy. Our modest goal in this Article is to problematize that claim and to posit an alternative hypothesis - that ICs spark legitimacy challenges due to the domestic political effects of their decisions, regardless of whether those decisions are expansionist. (shrink)

In recent years there has been an increasing awareness that a comprehensive understanding of language, cognitive and affective processes, and social and interpersonal phenomena cannot be achieved without understanding the ways these processes are grounded in bodily states. The term ‘embodiment’ captures the common denominator of these developments, which come from several disciplinary perspectives ranging from neuroscience, cognitive science, social psychology, and affective sciences. For the first time, this volume brings together these varied developments under one umbrella and furnishes a (...) comprehensive overview of this intellectual movement in the cognitive-behavioral sciences. (shrink)