What is the relationship between the permissibility/impermissibility of the part and the permissibility/impermissibility of the whole? Does the moral or legal status of a constituent part of an actor’s course of conduct govern the status of the actor’s whole course of conduct or, conversely, does the moral and legal status of the actor’s whole course of conduct govern the status of the constituent parts? This broader issue is examined in the more specific contexts of the contrived defense and deterrent threat (...) doctrines. The latter doctrine concerns whether a prima facie impermissible act of carrying out a threatened action may be rendered permissible if embedded within an overall permissible course of action including the issuance of a deterrent threat that fails to induce compliance. The contrived defense doctrine addresses the permissibility of an actor who contrives or culpably causes the conditions of her own defense. This essay considers the claim—advanced by Claire Finkelstein and Leo Katz—that the contrived defense and deterrent threat doctrines are sufficiently related such that the preferable approach to each doctrine informs and supports the preferable approach to the other. In each, the permissible/impermissible status of the whole governs the status of the part. Regarding contrived defenses, the impermissibility of the actor’s whole course of conduct renders the otherwise permissible constituent part relating to the defense also impermissible. And regarding deterrent threats, the permissibility of the actor’s whole course of conduct renders the otherwise impermissible constituent parts also permissible. This essay challenges the claimed linkage between the contrived defense and deterrent threat doctrines by proposing hypothetical situations in which the claimed parallel doctrines collapse into each other. As a result, the application of the preferred approaches to each doctrine generates a contradiction. (shrink)

The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; and the application (...) of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Translating Care for the Voiceless PatientLeo AlmazanUndocumented immigrants do not have the luxury of having a professional interpreter by their bedside to help them navigate the complexities of their often-dire situation. Most of the time, they have to rely on the kindness of volunteers or untrained medical personnel to help them. In 2001, I was a non-clinical student in training at a level 1 trauma hospital in the Midwest. (...) The night in question, one of the residents asked me to go to the infectious diseases unit to translate for a newly admitted undocumented patient. [End Page 152]The patient was in his early twenties. This was the second time he had arrived in the US after walking through the desert. His diagnosis was dire—he drank stagnant water during his journey, and he had acquired an aggressive type of infection whose origin (viral? bacterial?) the specialists could not as yet determine. After initial testing, the doctors discovered that he was also suffering from full-blown AIDS.When I entered the room where the young man was lying, shaking violently due to a high fever, I felt deep anger and profound sadness. People looked at the young man with a mixture of disdain and anger. He was, after all, "wasting" the hospital's precious resources. At the same time, his immediate reaction after hearing me speak to him in his native language and sensing that I understood him, that is, that I could empathize with his fears, made me decide that I would do whatever I could to help him.After a brief initial conversation, it became painfully clear that he neither had any formal education nor did he understand the gravity of his medical condition, aggravated by AIDS. Besides that, he did not comprehend what was being done to him, which included the use of experimental drugs that he had not consented to take.My task then morphed from an untrained translator trying to help someone understand a foreign language to a new ally trying to help someone navigate the short-, mid-, and long-term life-altering decisions he would have to make without full knowledge or understanding of his actual circumstances. In short, I quickly transition from interpreter to advocate.It was probably the result of the stress and pressure I suddenly found myself experiencing, but I remember thinking back to my high school etymologies class and realizing that the verb "to advocate," from ad-vocare, means to support, defend, or protect someone. "When did I commit to any of those things?" I thought to myself. And then I immediately remember thinking, "Not at all! I did not commit to any of those things! All I said "yes" to was to lend my voice for a couple of minutes so that a doctor and a patient could understand each other. I surely did not intend to lend my voice to someone who has no voice!"A second and even bigger surprise for me, however, was that, in the process of translating, I could hear what the young man and the physician were truly saying to each other. In other words, as my mouth moved to speak, now in Spanish and now in English, I was able to capture and translate not only the words being said but also the feelings and emotions and the deeper meaning of what was being communicated. For example, when the young man asked, "¿Voy a estar bien?" ["Am I going to be OK?"] I could "hear" his real question, "Am I dying?" When the doctor said, "Your CD4+ cell count is less than 200," I heard him say, "Couldn't you have chosen another place to die?" Conscious of my role, however, I limited myself to performing my duties as professionally and precisely as possible.The following day, I consulted with a professional interpreter who worked at the same hospital, and I asked her how I could be more helpful to the young man. As she advised me how to proceed, I could tell she was truly torn.On the one hand, she wanted me to proceed with the outmost professionalism, to remain "neutral," "objective," and to avoid, at all... (shrink)

This article offers a conceptual clarification of the Aristotelian component in environmental virtue ethics (EVE). It demonstrates that throughout the last four decades, contributors to EVE have favored an Aristotelian foundation (though a Humean base also has been proposed), and it presents six theoretical challenges and two underexplored possibilities premised on such an Aristotelian foundation of EVE. These two possibilities concern: 1) Aristotle’s notion of the city-state (polis), denoting not only a densely populated area, but also agricultural land outside the (...) city-walls, implying agrarian virtues were implicit in the Aristotelian framework; this is valuable to modern agriculture, and the ways in which environmentally friendly virtues are integrated into food production and consumption. 2) Aristotle’s understanding of well-being (eudaimonia) as existing not only at an individual level, but also at a collective level; the latter is relevant to the prospect of upscaling eudaimonia to a structural level, within the limits of an ecologically sustainable citizenship. (shrink)

The Securities and Exchange Commission (SEC) sanctioned investor-paid rating agency Egan-Jones for falsely stating that it did not know its clients’ investment positions. The SEC’s action against Egan-Jones raises the broad question whether knowledge of clients’ investment positions creates a conflict of interest for investor-paid ratings. In an experimental setting, we find that investor-paid rating agencies are likely to assign credit ratings that are biased in favor of their clients’ positions, and that this effect is attenuated when the rated company (...) has a sophisticated investor base that is expected to scrutinize ratings. The effect is not conditional on the risk profile of the rated companies. Taken together, our findings suggest that a conflict of interest stemming from investors’ preferences is likely to bias ratings under investor-pays business models, but scrutiny by the company’s investor base can counteract this bias. (shrink)

We present some results on algebraic and modal analysis of polynomial distortions of the standard provability predicate in Peano Arithmetic PA, and investigate three provability-like modal systems related to the Gödel–Löb modal system GL. We also present a short review of relational and topological semantics for these systems, and describe the dual category of algebraic models of our main modal system.

A class of toposes is introduced and studied, suitable for semantical analysis of an extension of the Heyting predicate calculus admitting Gödel's provability interpretation.

Este artigo parte de uma proposta terapêutica psicanalítica de cura pela fala e das premissas dos estudos a respeito de um performativo para conjurar referenciais e tecer considerações acerca do feitiço, tomando-o na sua dimensão de acontecimento singular e de natureza imprevisível. Esta discussão ocorrerá debruçada sobre os meios de um capitalismo e pautada a partir das ambivalências de uma ideia de fetiche. No ensejo desta discussão, são retomadas algumas colocações que elaboram sobre os interstícios entre magia e política para (...) indicar a importância de uma dimensão incapturável no fazer científico. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Cet ouvrage est une réédition numérique d’un livre paru au XXe siècle, désormais indisponible dans son format d’origine.