Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and (...) that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Eco nomic Development's Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the "moral imperialism" argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States' enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and "grease" payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery. (shrink)

This essay examines the work of Nancy Fraser and Seyla Benhabib, two philosophers who have demonstrated that feminist theorists can usefully draw upon both postmodernism and the critical theory tradition, with which Fraser and Benhabib are more clearly associated. I argue that each theorist claims the universal ideals and normative judgements of modernism, and the contextualism, particularity, and skepticism of postmodernism. I do this by revisiting each of their positions in the now well-known Feminist Contentions exchange, by examining the diverse (...) ways in which they reconcile universalism and difference, and by exploring each theorist's critique of the Habermasian public sphere. (shrink)

The epistemology of modality has focused on metaphysical modality and, more recently, counterfactual conditionals. Knowledge of kinds of modality that are not metaphysical has so far gone largely unexplored. Yet other theoretically interesting kinds of modality, such as nomic, practical, and ‘easy’ possibility, are no less puzzling epistemologically. Could Clinton easily have won the 2016 presidential election—was it an easy possibility? Given that she didn’t in fact win the election, how, if at all, can we know whether she easily could (...) have? This paper investigates the epistemology of the broad category of ‘objective’ modality, of which metaphysical modality is a special, limiting case. It argues that the same cognitive mechanisms that are capable of producing knowledge of metaphysical modality are also capable of producing knowledge of all other objective modalities. This conclusion can be used to explain the roles of counterfactual reasoning and the imagination in the epistemology of objective modality. (shrink)

The COVID-19 pandemic put a large burden on many healthcare systems, causing fears about resource scarcity and triage. Several COVID-19 guidelines included age as an explicit factor and practices of both triage and ‘anticipatory triage’ likely limited access to hospital care for elderly patients, especially those in care homes. To ensure the legitimacy of triage guidelines, which affect the public, it is important to engage the public’s moral intuitions. Our study aimed to explore general public views in the UK on (...) the role of age, and related factors like frailty and quality of life, in triage during the COVID-19 pandemic. We held online deliberative workshops with members of the general public. Participants were guided through a deliberative process to maximise eliciting informed and considered preferences. Participants generally accepted the need for triage but strongly rejected ‘fair innings’ and ‘life projects’ principles as justifications for age-based allocation. They were also wary of the ‘maximise life-years’ principle, preferring to maximise the number of lives rather than life years saved. Although they did not arrive at a unified recommendation of one principle, a concern for three core principles and values eventually emerged: equality, efficiency and vulnerability. While these remain difficult to fully respect at once, they captured a considered, multifaceted consensus: utilitarian considerations of efficiency should be tempered with a concern for equality and vulnerability. This ‘triad’ of ethical principles may be a useful structure to guide ethical deliberation as societies negotiate the conflicting ethical demands of triage. (shrink)

This entry surveys recent developments in the epistemology of imagination, examining different views on the circumstances in which the imagination can function as a source of evidence, alongside more standard sources such as perception and inference.

Displays of eye movements may convey information about cognitive processes but require interpretation. We investigated whether participants were able to interpret displays of their own or others' eye movements. In Experiments 1 and 2, participants observed an image under three different viewing instructions. Then they were shown static or dynamic gaze displays and had to judge whether it was their own or someone else's eye movements and what instruction was reflected. Participants were capable of recognizing the instruction reflected in their (...) own and someone else's gaze display. Instruction recognition was better for dynamic displays, and only this condition yielded above chance performance in recognizing the display as one's own or another person's. Experiment 3 revealed that order information in the gaze displays facilitated instruction recognition when transitions between fixated regions distinguish one viewing instruction from another. Implications of these findings are discussed. (shrink)

¿Hay algún retrato “verdadero” de Descartes? Si bien sabemos, salvo unas pocas excepciones, quiénes pintaron o grabaron el retrato de Descartes, reconocemos a Descartes sin saber si los cuadros y los grabados lo retratan “verdaderamente”. ¿Qué tienen en común los grabados de Hellemans y del autor desconocido de “Descartes como Fausto” con el cuadro de Weenix? La respuesta es inequívoca: los libro; hasta tal punto que el libro funge como un atributo. El ícono de la filosofía moderna es el que (...) se esconde para pensar; es el que, desde el secreto detrás de la máscara, mira al espectador y lo obliga, bajo el prisma de la iconografia, a devolverse del mundo de la representación a la letra del texto. (shrink)

Thought experiments provide a conspicuous case study for epistemologists of the imagination. Galileo’s famous thought experiment about falling stones is a central example in the debate about how thought experiments in science work. According to a standard interpretation, the thought experiment poses a challenge to an Aristotelian principle about falling bodies that conceives of bodies in an extremely liberal way. This chapter argues that this interpretation is implausible and then shows how the thought experiment might present a challenge to a (...) principle that conceives of bodies in a less permissive, more plausible way. The new interpretation of the thought experiment relies on a distinction between two ways of imagining Galileo’s experiment, one of which requires Aristotelians to temporarily ignore their belief in the principle under challenge. It is suggested that the distinction tracks an increasingly familiar distinction among dual-process theories in psychology: ‘intuitive’ and ‘reflective’ imagination. In order for Aristotelians to appreciate the thought experiment’s challenge to their theory, they are expected to use their intuitive imagination and not just their reflective imagination. (shrink)

Donation after cardiac death (DCD) traditionally occurs in two patient populations: (1) those who do not meet neurological death criteria but who have suffered severe neurological damage, and (2) those who are fully alert and awake but are dependent on machines. This case highlights the unique dilemma when a patient falls between these two populations—conscious and cognitively intact, but completely paralyzed except for limited eye movement, afflicted by what the medical community refers to as locked-in syndrome. Prompted by the treatment (...) team’s discomfort, an ethics consultant examined whether the team was obligated to discuss a decision to donate with the patient, who was a registered organ donor. This article shows how, in determining whether or not to talk to the patient or family during end-of-life decision making, the weight assigned to the various ethical concerns in the case— the patient’s condition, the decision to be made, and the family’s agreement or disagreement regarding the patient’s wishes—can “swing the pendulum” of ethical analysis in different ways. The comfort of the patient must be accorded the highest priority, as well as the needs of the patient’s family. This case study highlights the nuanced contextual factors necessary to guide a treatment team’s approach to DCD for a patient with uncertain decision-making capacity. (shrink)

Emerging from the intersection of the virtual world with the real."--BOOK JACKET.

Miller synthesizes Karen Horney's model of submission, aggression and withdrawal, Jean Baker Miller's concept of relational being, Julia Kristeva's idea of psychic space, and Kelly Oliver's notions on social support to advance a penetrating analysis of the fiction of Paule Constant.

The influence of Phaedrus the fabulist on Martial the epigrammatist has long been neglected by scholarship. Quite recently scholars have started to pay more attention to Phaedrus’ literary techniques and allusive art, thus also paving the way for a reassessment of the role which Phaedrus played as a model for Martial. This paper examines the question to what extent the Flavian epigrammatist was inspired by Phaedrus’ literary techniques and argues that Phaedrus served as an important link in the process of (...) the reception of Neoteric and Augustan poetry. Although there are not many thematic parallels between Phaedrus and Martial, the later poet seems to have been inspired considerably by Phaedrus’ metapoetic techniques. Furthermore, the paper also investigates the epigrammatic potential of Phaedrus’ own poems, a potential which seems to have made the fabulist especially attractive as a model for Martial. (shrink)

It is widely assumed that sense perception cannot deliver knowledge of nonactual (metaphysical) possibilities. We are not supposed to be able to know that a proposition p is necessary or that p is possible (if p is false) by sense perception. This paper aims to establish that the role of sense perception is not so limited. It argues that we can know lots of modal facts by perception. While the most straightforward examples concern possibility and contingency, others concern necessity and (...) impossibility. The possibility of a perceptual route to some modal knowledge is not as radical as it may at first sound. On the contrary, acknowledging it has benefits. (shrink)

This article surveys recent developments in the epistemology of modality.

Decisions related to births in the “gray zone” of periviability are particularly challenging. Despite published management guidelines, clinicians and families struggle to negotiate care management plans. Stakeholders must reconcile conflicting values in the context of evolving circumstances with a high degree of uncertainty within a short time period. Even skilled clinicians may struggle to guide the patient in making value–laden decisions without imposing their own values. Exploring the experiences of one pregnant woman and her caregivers, this case study highlights how (...) bias may undermine caregivers’ ability to meet their obligation to enhance patient autonomy and the moral distress they may experience when a patient’s values do not align with their own. Management strategies to mitigate the potential impact of bias and related moral distress are identified. The authors then describe one management strategy used in this case, facilitated ethics consultation, which is focused on thoughtful consideration of the patient’s perspective. (shrink)

Keine ausführliche Beschreibung für "Das Pascal-Bild in der französischen Literatur" verfügbar.

For healing the land and human relationships to land are a step toward healing a troubled relationship, borne of a history, which is painful for native people and shameful for settlers. Protection...

Debates regarding clinical ethicists’ scope of practice are not novel and will continue to evolve. Rapid changes in healthcare delivery, outcomes, and expectations have necessitated flexibility in clinical ethicists’ roles whereby hospital-based clinical ethicists are expected to be woven into the institutional fabric in a way that did not exist in more traditional relationships. In this article we discuss three emerging roles: the ethicist embedded in the interdisciplinary team, the ethicist with an expanded educational mandate, and the ethicist as a (...) therapeutic presence in the patient care space. Such expanded capacities offer more robust, positive contributions to institutional culture, stakeholders’ relationships, and patient-centered care. (shrink)

Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the manifestations of world poverty, inviting (...) the reader to rethink human rights, and, in particular, the framing of responsibilities that are essential to their contemporary protection. (shrink)

This exploratory study investigates the divergent ways that people make sense of their own charisma. Through in-depth, semi-structured qualitative interviews with people who self-identified as charismatic (_n_ = 11), findings reveal that self-identified charismatic people hold divergent views regarding (1) who they believe benefits from their charisma (self or others), (2) how they believe they came to be charismatic (developed or innate), (3) how they experience self-confidence (self-conscious or self-assured), and (4) how they manage rejection (preparation or resilience). Taken together, (...) these divergent views reflect at least two charisma profiles—what we term _opportunistic charisma_ (i.e., charisma employed for personal gain) and _humanistic charisma_ (i.e., charisma employed to empower others)—with implications for humanistic management theory and practice. (shrink)

Assertions about metaphysical modality play central roles in philosophical theorizing. For example, when philosophers propose hypothetical counterexamples, they often are making a claim to the effect that some state of affairs is possible. Getting the epistemology of modality right is thus important. Debates have been preoccupied with assessing whether imaginability—or conceivability, insofar as it’s different—is a guide to possibility, or whether it is rather intuitions of possibility—and modal intuitions more generally—that are evidence for possibility claims. The dissertation argues that the (...) imagination plays a subtler role than the first view recognizes, and a more central one than the second view does. In particular, it defends an epistemology of metaphysical modality on which someone can acquire modal knowledge in virtue of having performed certain complex imaginative exercises. (shrink)

An increasing number of scientists and doctors are concerned that new laws are inhibiting ethical research. This paper argues that this is not the case. Laws do not inhibit medical progress. Misunderstanding the law may do so.

Lack of guidance and regulation for authorizing medical cannabis for conditions involving the health and neurodevelopment of children is ethically problematic as it promulgates access inequities, risk-benefit inconsistencies, and inadequate consent mechanisms. In two virtual sessions using participatory action research and consensus-building methods, we obtained perspectives of stakeholders on ethics and medical cannabis for children and youth. The sessions focused on the scientific and regulatory landscape of medical cannabis, surrogate decision-making and assent, and the social and political culture of medical (...) cannabis. We found that evidence-gathering and data dissemination, pressures on clinical relationships, and the lack of integration of culturally diverse perspectives and Indigenous knowledges were key areas of concern. Participants emphasized the importance of utilizing adaptive study designs, highlighted the importance of trust-building between clinicians, patients and caregivers, and discussed barriers including historical and ongoing stigmatization of medical cannabis. We conclude that continued public consultation and strength-based research that integrate diverse perspectives are critical steps forward. (shrink)

Scientific societies can play an important role in promoting ethical research practices among their members, and over the past two decades several studies have addressed how societies perform this role. This survey continues this research by examining current efforts by scientific societies to promote research integrity among their members. The data indicate that although many of the societies are working to promote research integrity through ethics codes and activities, they lack rigorous assessment methods to determine the effectiveness of their efforts.

Examines some of the ethical questions raised by the capabilities of modern medicine.

La homogeneidad de la Naturaleza, concebida como un todo racional y la universalidad del método se implican en Spinoza. Del principio de la unidad de la sustancia, o sea de la unidad de la Naturaleza tomada como natura naturans y natura naturata, se sigue que no puede existir un método que preceda al conocimiento filosófico. Ahora, si el carácter indisociable de la filosofía y del mos geometricus es efectivo, se debe a la total inteligibilidad para el hombre de la esencia (...) de Dios y de las cosas, ya que de ella se sigue que el conocimiento verdadero, es decir, adecuado, procede del todo a las partes. Con Spinoza, el racionalismo absoluto quiere acabar con el misterio que rodea la razón o que le subyace, misterio que hacía afirmar a Descartes en su tercera meditación que “es propio de la naturaleza de lo infinito que yo,siendo finito, no pueda comprenderlo”. La filosofía de Spinoza se presenta como un intelectualismo íntegro, una doctrina de la necesidad y de la libertad. Mas, podemos preguntarnos: ¿no hay aquí una contradicción entre necesidad y libertad? ¿Será que la filosofía de Spinoza es incoherente? O, dicho en otros términos, ¿es posible para el hombre actuar dentro de un determinismo tan estricto? (shrink)

This paper examines "moderate modal skepticism", a form of skepticism about metaphysical modality defended by Peter van Inwagen in order to blunt the force of certain modal arguments in the philosophy of religion. Van Inwagen’s argument for moderate modal skepticism assumes Yablo's (1993) influential world-based epistemology of possibility. We raise two problems for this epistemology of possibility, which undermine van Inwagen's argument. We then consider how one might motivate moderate modal skepticism by relying on a different epistemology of possibility, which (...) does not face these problems: Williamson’s (2007: ch. 5) counterfactual-based epistemology. Two ways of motivating moderate modal skepticism within that framework are found unpromising. Nevertheless, we also find a way of vindicating an epistemological thesis that, while weaker than moderate modal skepticism, is strong enough to support the methodological moral van Inwagen wishes to draw. (shrink)

Sider (2011, 2013) proposes a reductive analysis of metaphysical modality—‘(modal) Humeanism’—and goes on to argue that it has interesting epistemological and methodological implications. In particular, Humeanism is supposed to undermine a class of ‘arguments from possibility’, which includes Sider's (1993) own argument against mereological nihilism and Chalmers's (1996) argument against physicalism. I argue that Sider's arguments do not go through, and moreover that we should instead expect Humeanism to be compatible with the practice of arguing from possibility in philosophy.

Developing a simple test to identify swiftly neonates with sepsis who carry the genetic variant which means that one dose of the recommended antibiotic, gentamicin, will cause the child to become profoundly deaf looks like an admirable objective. The baby needs antibiotics and needs them within 1 hour of admission to the neonatal intensive care unit (NICU). Conventional genetic tests take much longer to yield results. The test being trialled produces results in 25 min; a baby who carries the variant (...) can be treated with a different antibiotic. All the test requires is a gentle swab of the baby’s inner cheek. Babies can be treated for potentially fatal sepsis without the risk that the drugs designed to save their lives will cost them their hearing. Parents and healthcare staff are relieved of worry—a great idea? PALOH is not a trial of the safety or efficacy of the test, only to assess how feasible it will be to carry out this test in a busy NICU, without disrupting the care of the baby. A tiny painless ‘scrape’ will take a sample of DNA—what’s the fuss about? Several other invasive and painful procedures will be carried out without a fuss.1 The problem is DNA. Genetic information must be safeguarded from falling into the wrong hands. In section 45 of Human Tissue Act 2004 (HTA), Parliament legislated to prohibit non-consensual DNA testing.1 It fits uncomfortably in a statute designed to regulate retention and uses of human material, after revelations that organs and tissue from the …. (shrink)