Hastings Center Report, Volume 52, Issue 1, Page 15-20, January/February 2022.

Despite over one-hundred years of effort, the origin of temporal asymmetry in the physical world still eludes us. While much has been learned about the role played by fundamental instabilities in microdynamics, by the imperfect isolation of systems and by cosmological facts in the origin of the behavior described by kinetic theory and thermodynamics, important puzzles still remain which continue to make the origins of asymmetric thermal behavior out of dynamically time symmetric underlying laws mysterious to us.

In a previously published multicenter, prospective, randomized, controlled trial of more than 500 intensive care unit patients involved in conflicts over treatment decisions, ethics consultations were found to be helpful in resolving the conflicts and reducing nonbeneficial treatments. The intervention received favorable reviews by 80% of patient surrogates and more than 90% of physicians and nurses. Nevertheless, several participants in the ethics consultation process expressed dissatisfactions with the intervention. In this paper, we report our efforts to determine the factors associated (...) with these negative responses in hopes that we might provide insights of future use to ethics consultants. (shrink)

The thesis of "Freedom of Communicative Action" is that Jurgen Habermas's theory of communicative action illuminated the deep structure of the First Amendment freedom of speech. Haberams's theory takes speech act theory as its point of departure. Communicative action coordinates indivudal behavior through rational understanding. Communicative action is distinguished from strategic action--the use of communication to manipulate, deceive, or coerce. Part I offers an introduction. Part II outlines a hermeneutic approach to interpretation of the First Amendent. Part III explores and (...) criticizes existing theories of the freedom of speech. Part IV explicates Habermas's theory of communicative action. Part V developes a theory of the freedom of expression based on Habermas's theory of communication. Part VI applies that theory to particular problems in free speech doctrine. Part VII draws some conclusions about the implications of this exercise for the development of doctrine and the theory of communicative action. "Freedom of Communicative Action" was published in 1989, and some of the views expressed in the article are no longer affirmed by the author. (shrink)

Abstract:Social contracting has a long and important place in the history of political philosophy (Hardin, 1991; Waldron, 1989) and as a theory of justice (Baynes, 1989; Rawls, 1971). More recently, it has been developed into an individual rights-based theory of organizations (Keeley, 1980, 1988), and as a way to integrate ethics and moral legitimacy into corporate strategy and action (Donaldson, 1982; Freeman&Gilbert, 1988). Currently, it is being proposed as an integrative theory of economic ethics (Donaldson&Dunfee, forthcoming). This paper will extend (...) the Donaldson and Dunfee approach by arguing thatsocial contracting can best be understood and applied in organizational settings if it is perceived and treated as a network governance process. This insight can benefit management scholars and practitioners alike, since it calls attention to the processes by which trust is created and sustained in on-going contractual relationships. It also strongly suggests that a new approach to applying managerial discretion, asmoral agency, is needed to realize the full competitive and ethical potential of emerging network forms. (shrink)

All the above views are statements of or from the so-called emotive theory of value, or are closely related to that theory. Where causal primacy lies or whether all these theories and views are effects of a more deep-laid cause is difficult to determine. Nevertheless, the common bonds between the various views are evident; the views themselves are prevalent. Any work which challenges the current subjective intuitionism in matters of "right," "good," and the like stands out in illuminated relief. Such (...) a work is Natural Right and History by Leo Strauss. (shrink)

In partial fulfilment of the requirements for the degree of Doctor of Philosophy in Counselling Psychology, Department of Educational Psychology.

Background: Patient autonomy has been promoted as the most important principle to guide difficult clinical decisions. To examine whether practising physicians indeed value patient autonomy above other considerations, physicians were asked to weight patient autonomy against three other criteria that often influence doctors’ decisions. Associations between physicians’ religious characteristics and their weighting of the criteria were also examined. Methods: Mailed survey in 2007 of a stratified random sample of 1000 US primary care physicians, selected from the American Medical Association masterfile. (...) Physicians were asked how much weight should be given to the following: (1) the patient’s expressed wishes and values, (2) the physician’s own judgment about what is in the patient’s best interest, (3) standards and recommendations from professional medical bodies and (4) moral guidelines from religious traditions. Results: Response rate 51% (446/879). Half of physicians (55%) gave the patient’s expressed wishes and values “the highest possible weight”. In comparative analysis, 40% gave patient wishes more weight than the other three factors, and 13% ranked patient wishes behind some other factor. Religious doctors tended to give less weight to the patient’s expressed wishes. For example, 47% of doctors with high intrinsic religious motivation gave patient wishes the “highest possible weight”, versus 67% of those with low (OR 0.5; 95% CI 0.3 to 0.8). Conclusions: Doctors believe patient wishes and values are important, but other considerations are often equally or more important. This suggests that patient autonomy does not guide physicians’ decisions as much as is often recommended in the ethics literature. (shrink)

Developing a Center for Teaching Excellence: A Case Study Using the Integrated Readiness Matrix builds on the 2015 text, Integrating Pedagogy and Technology: Improving Teaching and Learning in Higher Education with a focus on teaching in higher education. Developing a Center for Teaching Excellence is premised on our contention in the first book that, while individual faculty members can independently begin to use the IRM to improve their pedagogical and technological skills in their content areas, an organizational structure is needed (...) to sustain ongoing improvement. In addition, while the first book provided a primer on learning theory as it relates to pedagogy, Developing a Center for Teaching Excellence plumbs this topic more deeply from the perspective of the college instructor. Further, the second book is dedicated to demonstrating how the IRM can be institutionalized as the foundation for providing the structure and support to faculty and how they can help shape centers for teaching excellence by becoming more familiar with relevant learning theories and related pedagogical and technological approaches. (shrink)

The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented by explicit focus on the virtues and vices of constitutional adjudicators. Part I, The Most Dysfunctional Branch, advances the speculative hypothesis that politicization of the judiciary has led the political branches to exclude consideration of virtue from the nomination and confirmation of Supreme Court Justices and to select Justices on the basis of the strength of their commitment to particular positions (...) on particular issues and the fervor of their ideological passions. Part II, Institutionalism and Constitutional Interpretation, engages Cass Sunstein and Adrian Vermeule's recent essay, "Interpretation and Institutions." Sunstein and Vermeule contend that theories of constitutional interpretation are most fundamentally flawed because of their failure to take an institutional turn, but their supporting arguments lead to a related but quite distinct conclusion. Only a theory of judicial character can supply the diagnosis for the ills that Sunstein and Vermeule identify: constitutional theory must take an aretaic turn. Part III, Making the Aretaic Turn in Constitutional Theory, sketches an alternative approach to judicial review and constitutional interpretation that is rooted in contemporary virtue ethics. In Part IV, Constitutional Virtues and Vices, this sketch is given flesh and bones in the form of a theory of constitutional virtue and vice. Excellence in constitutional adjudication requires the virtues of judicial courage, judicial temperament, judicial temperance, judicial intelligence, and judicial wisdom (or phronesis). Most importantly, a virtuous constitutional interpreter must have the virtue of justice, which includes as components impartiality, lawfulness, and legal vision. Part V, The Aretaic Reconstruction of the Institutional Critique, returns to institutionalism as an approach to the theory of constitutional interpretation and argues that institutionalists cannot coherently refrain from making the aretaic turn. The article ends with speculation about the possibility of a path to the restoration of judicial virtue. (shrink)

The standard philosophical and folk-psychological accounts of cognition and action credit us with too much spontaneity in our activities and projects. We are taken to be fundamentally active rather than reactive, to project our needs and aims and deploy our full supporting arsenal of cognitive instruments upon an essentially passive environment. The corrected point of view presented here balances this image of active agency with an appreciation of how we are also continually responding to the world, that is, to the (...) pragmatic situations that effectively select subsets of our cognitive resources to be at our disposal in generating responses. The result is a superseding of the standard Cognitive Integrationist picture by a model of a structurally divided mind, comprising a multiplicity of diverse and sometimes-conflicting standpoints, personas, and wills whose elicitation is a complex function of agent intentions and plans, the encountered environment, past experience, and temporal sequence. According to this model, the manifold stored representations constituting a person’s cognitive endowment do not form a single integrated network all equally ready for use. Cognition at any given moment is limited to drawing upon only a subset of one’s perspective, the perspect that is activated in accordance with the specific mental task or situation (the pragmatic context) that one perceives oneself to be facing. The system enlists the environmental context as trigger for practical and theoretical activity, based upon the agent’s prior experience. Though susceptible to certain kinds of error, and not inherently inclined toward innovative thinking, it enables the generally efficient use of our enormous cognitive endowments in conducting our lives in real time. (shrink)

_The Groundwork of the Metaphysics of Morals^ is one of the most important works of moral philosophy ever written, and Kant's most widely read work. It attempts to demonstrate that morality has its foundation in reason and that our wills are free from both natural necessity and the power of desire. It is here that Kant sets out his famous and controversial 'categorical imperative', which forms the basis of his moral theory. This book is an essential guide to the groundwork_ (...) and the many important and profound claims that Kant raises. The book combines an invaluable introduction to the work offering an exploration of these arguments and setting them in the context of Kant's thinking, along with the complete H.J Paton translation of the work, and a selection of six of the best contemporary commentaries. It is the ideal companion for all students of Kantian ethics and anyone interested in moral philosophy. _ _ _. (shrink)

Approaches bioethics on the basis of a conception of life and what is needed for the affirmation of its quality in the most encompassing sense. Johnson applies this conception to discussions of controversial issues in bioethics including euthanasia, abortion, cloning and genetic engineering. His emphasis is not on providing definitive solutions to all bioethical issues but on developing an approach to coping with them that can also help us deal with new issues as they emerge. The foundation of this discussion (...) is an extensive examination of the nature of the self and its good and of various approaches to ethics. His bioethic is integrally related to his well-known work on environmental philosophy. The book also applies these principles on an individual level, offering a user-friendly discussion of how to deal with ethical slippery slopes and how and where to draw the line when dealing with difficult questions of bioethics. (shrink)

In some part, the ideas presented here are anticipated in a paper by Frank Tillman, through I present a broader theory intended to have utility in connection with the theory of truth.

The neoliberal-inspired “shock therapy” policies were designed to allow efficiency considerations to shape the new capitalist economies. Most experts theorized that these policies would enable postcommunist countries to close the gap with the West. After more than a decade, this prediction has been falsified. Fieldwork in 25 Russian firms demonstrates that the neoliberal prescription of mass privatization creates shocks that make successful enterprise restructuring almost impossible. Instead, most firms lower their technological level of production and retreat to nonmarket activity to (...) survive. The result is a poorer economy with less growth potential and thus increased divergence with the West. (shrink)

The purpose of this study is to identify and explain a religious paradigm in Targum Qohelet (TgQoh). Targum Qohelet is dated to a period between 500 CE and 1101 CE. This study concludes that the most probable setting for this Targum was the beit midrash (the house of study). A paradigmatic research approach is used to identify the range of translation components to explain the translation method employed in TgQoh and the rationale behind it. This research approach reveals how the (...) translator(s) used their interpretative ability to create a completely different thought-world when compared with the original Hebrew Text. Various subparadigms emerge as a network of connected religious beliefs to form a cogent systematic rabbinic theology of a perfect world order to replace the pessimism of the Hebrew base text. The Aramaic version reflects a complete solution to the existential problems raised by Biblical Qohelet. It seeks to provide humankind with guidelines for creating a ‘perfect world’ both on earth and in the afterlife. The use of a paradigmatic analysis based on the concept of a ‘perfect world’ provides an ideal model for analysing the translation strategy of TgQoh and understanding its method of rendering. Contribution: The application of paradigmatic methodology bridges the gap between the relatively secular nature of the Hebrew version of Qohelet (Ecclesiastes) and the overwhelmingly and inescapable theological forms of the Aramaic targum. The paradigms in the Aramaic translation identify how the targum applied rabbinic ideology to explain the meanings that lies behind the original Hebrew text of Qohelet. The paradigms, when taken together reveal how the cynical nature of Hebrew Qohelet was changed into a rabbinical guide for righteous living, here described as ‘perfect world’. (shrink)