This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning); the philosophical foundations of specific areas of law (from criminal law to evidence to international law); the history of legal philosophy; and related philosophical topics that illuminate the problems of legal theory.

Scholars have shown renewed interest in the construct of courage. Recent studies have explored its theoretical underpinnings and measurement. Yet courage is generally discussed in its broad form to include physical, psychological, and moral features. To understand a more practical form of moral courage, research is needed to uncover how ethical challenges are effectively managed in organizational settings. We argue that professional moral courage (PMC) is a managerial competency. To describe it and derive items for scale development, we studied managers (...) in the U.S. military and examined prior work on moral courage. Two methods were used to measure PMC producing a five dimensional scale that organized under a single second-order factor, which we termed overall PMC. The five dimensions are moral agency, multiple values, endurance of threats, going beyond compliance, and moral goals. Convergent and discriminant validity are analyzed by use of confirmatory factor analysis procedures. We conclude by presenting a framework for proactive organizational ethics, which reflects how to support PMC as a management practice. (shrink)

Preston's (2011) challenge to the moral presumption against geoengineering is applied to carbon dioxide capture and storage (CCS) in Scotland, United Kingdom. Qualitative data is analysed to assess if and how Preston's arguments play out in practice. We argue that the concepts of ‘lesser evil’ and prioritising human well-being over non-interference in natural processes do bring different value positions together in support of CCS, but that not all people see short-term carbon abatement as the ‘least worst’ option or a suitable (...) way to prioritise human well-being. (shrink)

Might we be parts of a divine mind? Could anything like an afterlife make sense? Starting with a Platonic answer to why the world exists, _Immortality Defended_ suggests we could well be immortal in all of three separate ways. Tackles the fundamental questions posed by our very existence, among them, "why does the cosmos exist?", "is there a divine mind or God?", and "in what sense might we have afterlives?" Defends a belief in immortality, without the need for a religious (...) affiliation or rejection of modern science Explores the ideas of "Einsteinian immortality", the divine afterlife, and the theory of an infinite and divine mind Draws from the work of a wide-range of philosophers, from ancient Greece to the present day, and incorporates up-to-date scientific findings Written in a thought-provoking and engaging manner, accessible to anyone intrigued by the wonder of our being. (shrink)

Although the concept of dignity is commonly invoked in clinical care, there is not widespread agreement—in either the academic literature or in everyday clinical conversations—about what dignity means. Without a framework for understanding dignity, it is difficult to determine what threatens patients’ dignity and, conversely, how to honor commitments to protect and promote it. This article aims to change that by offering the first conceptual model of dignity for patients in the intensive care unit. The conceptual model we present is (...) based on the notion that there are three sources of patients’ dignity—their shared humanity, personal narratives, and autonomy—each of which independently warrants respect. The article describes each source of dignity and draws on examples to illustrate how clinician attitudes, actions, and behaviors can either contribute to, or detract from, expressions of respect for patient dignity. (shrink)

Eco, Chopin, and the limits of intertextuality -- The appeal to structure -- On codes, topics, and leaps of interpretation -- Bloom, Freud, and Riffaterre : influence and intertext as signs of the uncanny -- Narrative and intertext : the logic of suffering in Lutosawski's Symphony no. 4.

Currently much debate surrounds the significance of cross-cultural variation in mother-infant attachment. Is only one form of attachment “healthy,” or are different types of attachment adaptations to local socioecological conditions? Juvenile mortality rates have been promoted as important features of local environments that shape attachment, which in turn affects later reproductive strategies. To this we add fertility. Fertility changes the environment of a child by influencing the number of potential caregivers and competitors for care, and the cultural ethos regarding the (...) rights of children. Different combinations of fertility and mortality will likely give rise to different attachment forms, and only under one regime (low fertility and mortality) do we expect exclusivity in attachment. (shrink)

Syndromic surveillance uses new ways of gathering data to identify possible disease outbreaks. Because syndromic surveillance can be implemented to detect patterns before diseases are even identified, it poses novel problems for informed consent, patient privacy and confidentiality, and risks of stigmatization. This paper analyzes these ethical issues from the viewpoint of the patient as victim and vector. It concludes by pointing out that the new International Health Regulations fail to take full account of the ethical challenges raised by syndromic (...) surveillance. (shrink)

If the COVID-19 crisis has brought any benefits, one is the increased attention paid to persons with disabilities in the contexts of clinical medicine and public health. There has been a great deal of insightful discussion since the outbreak about controversial disability issues the pandemic has brought to light. For a population often overlooked in both academic circles and the public square, mere visibility is a victory. There are at least two important respects in which the discussion remains underdeveloped, however.First, (...) much of the work being done has focused on disability considerations in policies governing triage and the rationing of critical care resources under crisis conditions. This is undoubtedly an... (shrink)

This paper challenges the field to move beyond strategic philanthropy to a more encompassing concept of sustainable philanthropy. A brief history of philanthropic practices is presented, as well as a discussion of contemporary approaches to corporate philanthropy. The model of sustainable philanthropy developed here advocates integrating a triple bottom line approach with the strategic practice of corporate giving. It shifts the traditional model of powerful donor and a powerless recipient, to one where both donor and recipient must work harder to (...) identify a partner that shares their intrinsic values and objectives. The aim of sustainable philanthropy is to establish a working partnership with broadly shared goals and openly acknowledged benefits. (shrink)

The prelims comprise: Part I Part II Note.

In this chapter, we examine the relationship between environmental political theory and the development of sustainability studies within US higher education. We assess the incorporation of environmental political theory authors in sustainability classrooms and the extent to which environmental political theory and sustainability studies classrooms engage in experiential, skills-based learning. We situate this pedagogy as an extension of the tradition of the liberal arts, especially as developed by John Dewey, and effectively, as citizenship skill development for democratic societies. To teach (...) twenty-first-century citizenship skills, we maintain, is to teach sustainability skills. This entails educating and empowering students to grapple intellectually and practically with the interdependent social, environmental, and economic challenges that define their current circumstances and future prospects. Environmental political theory can and should become more relevant to sustainability studies programs, primarily by strengthening its mission of engaged theory through the cultivation of experiential learning opportunities. (shrink)

This paper examines the planning process and architecture of two public psychiatric institutions built around 1900 in Trieste and Lower Austria. From 1864, the building of new asylums was the responsibility of Crown land governments, which by the end of the nineteenth century had emerged as sites of power and self-presentation by minority groups and new political parties. At the same time, the area of asylum planning was establishing itself as a branch of asylum psychiatry and promoting the idea of (...) the asylum as model settlement, contributing to social reform. I analyse the interaction of psychiatrists, architects and government officials involved in planning the two institutions in the context of Crown land governments’ self-positioning within the empire and internationally . The Trieste asylum planners were working for a government controlled by Italian nationalists, but their desire for a ‘modern’ asylum turned them towards German models. The Christian Social government in Lower Austria sought to supplant Germany as the leader in this branch of science. The spatial arrangement and visual articulation of the two asylums is interpreted in the context of the interaction of psychiatry and the politics of regional autonomy. (shrink)

Based on a conference held at Osgoode Hall Law School, York University, 24-25 March, 1988.

Religious discourse is in some way about the world, but its relation to other kinds of discourse – scientific historical, and moral – is a matter of dispute. Suggestions to avoid conflict with other kinds of discourse – the suggestion that religion invokes a distinct ‘language game’ and the suggestion that it should be taken as ‘basic’ for instance – have not, I argue, been successful. Essentially religion is involved in orienting us to the world and our goals, and orientation (...) has its own concerns. I ask what would be needed for successful orientation and suggest that talk about God my include elements which are essential for orientation. The argument suggests that the object of our orientation transcends the usual distinctions between the subjective and the objective. Perhaps this is the idea of the beatific vision. (shrink)

Um das Recht zu erfassen, bedarf es der Beachtung der Beziehung zwischen Recht und Anarchie. Anarchie kann mit oder ohne Gesetze bestehen, die das Verhalten der Menschen regeln. Das Privatrecht enthält diejenigen Gesetze, die den Zustand der Anarchie von einem gesetzlosen Zustand in einen mit Recht umwandeln können. Diese Gesetze sind die natürlichen Gesetze, die das Mein und Dein, insbesondere die Rechte der Person, das Eigentumsrecht, das Vertragsrecht, das Recht der häuslichen Gesellschaft und die korrespondierenden Verbindlichkeiten bestimmen. Das Problem mit (...) einem Naturzustand, der Privatrecht enthält, ist, wie die Tendenz zum Ausarten in Gesetzlosigkeit und allgemeinen Krieg zum Halten zu bringen ist, weil in einem solchen Zustand kein objektiver Prozeß da ist, in dem Bestimmtheit über die Rechte in dem äußeren Verhalten des Menschen erreicht und erzwungen werden kann. Die Gefahr des privatrechtlichen Naturzustands ist, in die Anarchie ohne rechtliche Gesetze abzugleiten. Die Urteile des Privatrechts enthalten unvermeidliche Abhängigkeit von den subjektiven, wenngleich vernünftigen, Annahmen über die Absichten der Handelnden der gesetzmäßigen Taten und auch unvermeidliche Annahmen über die rechtlichen Absichten der Tatsachen. Aber diesen Urteilen fehlt es an der Bedingung der gewissen und peremtorischen Urteile. Der Grund des öffentlichen Rechts ist es, daß die Bedingungen eines Gerichtshofs, also der Gewißheit und Endgültigkeit der Urteile über das Mein und Dein durch die Kraft eines Beherrschers und die Gesetze eines Gesetzgebers allein eingehalten werden können. Das öffentliche Recht ist besonders nötig, um die Ungewißheit über das Eigentum aufzulösen, und, was im Naturzustand nur provisorische Rechte sind, zu peremtorischen zu machen. Der bürgerliche Zustand ist nicht ein Zustand unter bloß positiven Gesetzen. Die natürlichen Gesetze werden in irgendeiner Art in jedem bürgerlichen Zustand entdeckt. Sie machen das Wesen der verschiedenen Rechte aus. Die Differenz zwischen den beiden Arten von Recht liegt nicht in den Gesetzen, sondern in dem komparativen Vermögen, im Naturzustand und im bürgerlichen Zustand einen Gerichtshof auszumachen und ein allgemein verbindendes Urteil zu erreichen. Diese Differenz hängt ab von der Art, in der die Kraft in den Bestimmungen der Rechte ausgemacht und gebraucht ist, also von dem Vermögen des bürgerlichen Zustands, peremtorische Rechte zu bestimmen und der Auflösung in die gesetzlose Anarchie zu widerstehen. (shrink)

A fellow of Trinity College, Cambridge, and of the Royal Society, William Clifford made his reputation in applied mathematics, but his interests ranged far more widely, encompassing ethics, evolution, metaphysics and philosophy of mind. This posthumously collected two-volume work, first published in 1879, bears witness to the dexterity and eclecticism of this Victorian thinker, whose commitment to the most abstract principles of mathematics and the most concrete details of human experience resulted in vivid and often unexpected arguments. Volume 1 includes (...) a detailed biographical introduction by Clifford's colleague, Frederick Pollock, who situates his close friend's interests in Darwin and Spinoza within a larger, life-long devotion to the principles of scientific enquiry and experiment. This volume also features two important essays, 'On Some of the Conditions of Mental Development', his first public lecture delivered at the Royal Institute in London, and 'The Philosophy of the Pure Sciences'. (shrink)

The reproducibility movement in psychology has resulted in numerous highly publicized instances of replication failures. The goal of the present work was to investigate people’s reactions to a psychology replication failure vs. success, and to test whether a failure elicits harsher reactions when the researcher is a woman vs. a man. We examined these questions in a pre-registered experiment with a working adult sample, a conceptual replication of that experiment with a student sample, and an analysis of data compiled and (...) posted by a psychology researcher on their public weblog with the stated goal to improve research replicability by rank-ordering psychology researchers by their “estimated false discovery risk.” Participants in the experiments were randomly assigned to read a news article describing a successful vs. failed replication attempt of original work from a male vs. female psychological scientist, and then completed measures of researcher competence, likability, integrity, perceptions of the research, and behavioral intentions for future interactions with the researcher. In both working adult and student samples, analyses consistently yielded large main effects of replication outcome, but no interaction with researcher gender. Likewise, the coding of weblog data posted in July 2021 indicated that 66.3% of the researchers scrutinized were men and 33.8% were women, and their rank-ordering was not correlated with researcher gender. The lack of support for our pre-registered gender-replication hypothesis is, at first glance, encouraging for women researchers’ careers; however, the substantial effect sizes we observed for replication outcome underscore the tremendous negative impact the reproducibility movement can have on psychologists’ careers. We discuss the implications of such negative perceptions and the possible downstream consequences for women in the field that are essential for future study. (shrink)