In international law, the term "jus cogens" refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. Although the jus cogens concept has achieved widespread acceptance, international legal theory has yet to furnish a satisfying account of jus cogens's legal basis. We argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in Immanuel Kant 's discussion of the (...) innate right of children to their parents' care. Drawing on Kant 's account, our theory of jus cogens posits that states exercise sovereign authority as fiduciaries of the people subject to their power. An immanent feature of this state-subject fiduciary relationship is that the state must comply with jus cogens. The fiduciary theory clarifies jus cogens's content by generating discrete criteria for identifying peremptory norms. (shrink)

This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA's passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people the Act was (...) designed to protect. We explain this paradox by showing how specific ADA provisions could have given rise to demeaning media depictions and social conditions that reinforced negative understandings and expectations among prospective parents about what it means to have a child with a disability. We discuss implications for reproduction law and antidiscrimination policy. (shrink)

Previous studies show that reading sentences about actions leads to specific motor activity associated with actually performing those actions. We investigate how sign language input may modulate motor activation, using British Sign Language sentences, some of which explicitly encode direction of motion, versus written English, where motion is only implied. We find no evidence of action simulation in BSL comprehension, but we find effects of action simulation in comprehension of written English sentences by deaf native BSL signers. These results provide (...) constraints on the nature of mental simulations involved in comprehending action sentences referring to transfer events, suggesting that the richer contextual information provided by BSL sentences versus written or spoken English may reduce the need for action simulation in comprehension, at least when the event described does not map completely onto the signer's own body. (shrink)

This study investigates the developmental pattern and relationships between oral narrative textual skills, spelling, and written narrative textual skills in monolingual and bilingual language-minority children, L1-Chinese and L2-Italian. The aims were to investigate in monolingual and BLM children: the developmental patterns of oral and writing skills across primary school years; the pattern of relationships between oral narrative textual competence, spelling skills, and written narrative textual competence with age and socio-economic status taken under control. In total, 141 primary school children from (...) grades 2 to 5 in Central Italy aged between 7 and 11 years obtained scores for oral and written narrative textual competence, spelling accuracy in dictation, and written texts. One-way ANOVA and ANOVA with robust method analyses and Bonferroni’s correction showed that BLM children had poorer spelling skills in dictation and written narrative textual competence than their monolingual peers. After preliminary correlation analysis, the results of hierarchical regression showed that the relationship between oral and written narrative textual competence is completely mediated by spelling accuracy in BLM children. These results suggest that adequate performance in written narrative textual competence depends on adequate spelling accuracy in writing stories. The Sobel test verified the power of this mediation. In monolinguals, the strongest predictor of written narrative textual competence is oral narrative textual competence. This relation is stronger in older children whose spelling skills are automatized. The identified pattern of relationships shows a complex network of oral and written processes. The scarce spelling skills characterizing BLM children may explain why spelling skills determine a low written narrative textual level. Scarce spelling skills absorb cognitive resources, hindering high-level cognitive processes that regulate narrative production. In monolinguals, the medium of writing does not impact narrative textual competence. Children’s oral narrative textual competence easily transfers into their written narrative productions. These findings have implications for the assessment and instruction of literacy skills in young BLM children and their monolingual peers. (shrink)

We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state's fiduciary duty to provide equal security under the rule of law, a duty that flows from the state's (...) institutional assumption of irresistible sovereign powers. (shrink)

To design effective strategies to improve ethics consultation (EC) practices, it is important to understand the views of ethics practitioners. Previous U.S. studies of ethics practitioners have overrepresented the views of academic bioethicists. To help inform EC improvement efforts, we surveyed a random stratified sample of U.S. hospitals, examining ethics practitioners’ opinions on EC in general, on their own EC service, on strategies to improve EC, and on ASBH practice standards. Respondents across all categories of hospitals had very positive perceptions (...) of their own ethics consultation service (ECS) and few concerns about quality. Our findings suggest that the ethics-related needs of small, rural, non-teaching hospitals may be very different from those of academic medical centers, and therefore, different approaches to addressing ethical issues might be warranted. (shrink)

Happiness can be expressed through smiles. Happiness can also be expressed through physical displays that without context, would appear to be sadness and anger. These seemingly incongruent displays of happiness, termed dimorphous expressions, we propose, represent and communicate expressers’ motivational orientations. When participants reported their own aggressive expressions in positive or negative contexts, their expressions represented positive or negative emotional experiences respectively, imbued with appetitive orientations. In contrast, reported sad expressions, in positive or negative contexts, represented positive and negative emotional (...) experiences respectively, imbued with consummatory orientations. In six additional experiments, participant observers interpreted that aggression displayed in positive contexts signalled happy-appetitive states, and sadness displayed in positive contexts signalled happy-consummatory states. Implications for the production and interpretation of emotion expressions are discussed. (shrink)

ABSTRACTClose relationship partners often respond to happiness expressed through smiles with capitalization, i.e. they join in attempting to up-regulate and prolong the individual’s positive emotion, and they often respond to crying with interpersonal down-regulation of negative emotions, attempting to dampen the negative emotions. We investigated how people responded when happiness was expressed through tears, an expression termed dimorphous. We hypothesised that the physical expression of crying would prompt interpersonal down-regulation of emotion when the onlooker perceived that the expresser was experiencing (...) negative or positive emotions. When participants were asked how they would behave when faced with smiles of joy, we expected capitalization responses, and when faced with tears of joy, we expected down-regulation responses. In six experimental studies using video and photographic stimuli, we found support for our hypotheses. Throughout our investigations we test and discuss boundaries of and poss... (shrink)

A 1999–2000 national study of U.S. hospitals raised concerns about ethics consultation (EC) practices and catalyzed improvement efforts. To assess how practices have changed since 2000, we administered a 105-item survey to “best informants” in a stratified random sample of 600 U.S. general hospitals. This primary article details the methods for the entire study, then focuses on the 16 items from the prior study. Compared with 2000, the estimated number of case consultations performed annually rose by 94% to 68,000. The (...) median number of consults per hospital was unchanged at 3, but more than doubled for hospitals with 400+ beds. The level of education of EC practitioners was unchanged, while the percentage of hospitals formally evaluating their ECS decreased from 28.0% to 19.1%. The gap between large, teaching hospitals and small, nonteaching hospitals widened since the prior study. We suggest targeting future improvement efforts to hospitals where needs are not being met by current approaches to EC. (shrink)

In this text, our question is what is the current regulatory trend in countries that are not considered central in the development of artificial intelligence, such as Brazil: a preventive approach, or an experimental approach? We will analyze the bills (PL) that are being processed in legislative houses at the state level, and at the federal level, highlighting some elements, such as: Delimitation of the object (conceptualization), fundamental principles, ethical guidelines, relationship with human work, human supervision, and guidelines for public (...) authorities. Based on these elements, we identified how the issues that drive the contemporary debate on AI have been addressed in these legislative initiatives. The results indicate that the strongest national regulation proposal mentions risks, rights, governance, economic agents; these mentions dialogue with the concerns discussed by researchers around the world, regarding the mitigation and prevention of risks, regarding the preservation of individual and collective rights, the role of the State as a regulator and supervisor, and, as was to be expected, the maintenance of economic policies that possibly tend to protect the market; proposes that the foundations of the development, implementation and use of AI have values consistent with ‘human centered AI’ (Bingley et al. 2023), but also points to the neoliberal matrix; introduces human supervision as an effective element in the AI systems cycle; the trend that we can observe in Brazil is the configuration of a regulation that harmonizes articles that favor the preventive approach, with the presence of articles that favor the experimentation approach. (shrink)

Building on previous works which argued that scalar implicatures can be computed in embedded positions, this paper proposes a constraint on exhaustification which restricts the conditions under which an exhaustivity operator can be licensed. We show that this economy condition allows us to derive a number of generalizations, such as, in particular, the ‘Implicature Focus Generalization’: scalar implicatures can be embedded under a downward-entailing operator only if the scalar term bears pitch accent. Our economy condition also derives specific predictions regarding (...) the licensing of so-called Hurford disjunctions. (shrink)

This exploration into spirituality and climate change employs the “four paths” of the creation spirituality tradition. The author recognizes those paths in the rich teachings of Pope Francis’s encyclical, Laudato Si' and applies them in considering the nobility of the scientist's vocation. Premodern thinkers often resisted any split between science and religion. The author then lays out the basic archetypes for recognizing the sacredness of creation, namely, the Cosmic Christ (Christianity); the Buddha Nature (Buddhism); the Image of God (Judaism); the (...) “Primordial Man” (Hinduism), as well as the premodern universal teaching of “God as Beauty.” He addresses the subject of evil which deserves serious attention in the face of the realities posed by climate change and the resistance to addressing them. In the concluding section, the author speaks of a new Order of the Sacred Earth that was launched in fall 2017 to gather persons of whatever spiritual tradition or none to devote themselves to preserving Mother Earth. (shrink)

In a recent paper, Martin Hackl and I identified a variety of circumstances where scalar implicatures, questions, definite descriptions, and sentences with the focus particle only are absent or unacceptable (Fox and Hackl 2006, henceforth F&H). We argued that the relevant effect is one of maximization failure (MF): an application of a maximization operator to a set that cannot have the required maximal member. We derived MF from our hypothesis that the set of degrees relevant for the semantics of degree (...) constructions is always dense (the Universal Density of Measurement, UDM). The goal of this paper is to present an apparent shortcoming of F&H and to argue that it is overcome once certain consequences of the proposal are shown to follow from more general properties of MF. Specifically, the apparent problem comes from evidence that the core generalizations argued for in F&H extend to areas for which an account in terms of density is unavailable. Nevertheless, I will argue that the account could still be right. Certain dense sets contain "too many alternatives" for there to be a maximal member, thus leading to MF. But, there are other sets that lead to the same predicament. My goal will be to characterize a general signature of MF in the hope that it could be used to determine the identity of alternatives in areas where their identity is not clear on independent grounds. (shrink)

Augustine is the person from the ancient world about whom we know most. He is the author of an intimate masterpiece, the Confessions, which continues to delight its many admirers. In it he writes about his infancy and his schooling in the classics in late Roman North Africa, his remarkable mother, his sexual sins ('Give me chastity, but not yet,' he famously prayed), his time in an outlawed heretical sect, his worldly career and friendships and his gradual return to God. (...) His account of his own eventual conversion is a classic study of anguish, hesitation and what he believes to be God's intervention. It has inspired philosophers, Christian thinkers and monastic followers, but it still leaves readers wondering why exactly Augustine chose to compose a work like none before it. Robin Lane Fox follows Augustine on a brilliantly described journey, combining the latest scholarship with recently found letters and sermons by Augustine himself to give a portrait of his subject which is subtly different from older biographies. Augustine's heretical years as a Manichaean, his relation to non-Christian philosophy, his mystical aspirations and the nature of his conversion are among the aspects of his life which stand out in a sharper light. For the first time Lane Fox compares him with two contemporaries, an older pagan and a younger Christian, each of whom also wrote about themselves and who illumine Augustine's life and writings by their different choices. More than a decade passed between Augustine's conversion and his beginning the Confessions. Lane Fox argues that the Confessions and their thinking were the results of a long gestation over these years, not a sudden change of perspective, but that they were then written as a single swift composition and that its final books are a coherent consummation of its scriptural meditation and personal biography. This exceptional study reminds us why we are so excited and so moved by Augustine's story. Praise for Pagans and Christians 'This open-hearted and learned book is one that any scholar of the ancient world and of early Christianity would be proud to have written... Lane Fox has opened his pages to let in an entirely new world.' Peter Brown, New York Review of Books 'A work of generous humanity and recondite erudition... of consuming interest to all of us who want to know and understand the consequences of the ancient world.' Henry Chadwick, Financial Times Praise for The Unauthorised Version 'I don't know where one would turn for an account of the Bible so clear, so lively and, in many respects, so just.' Frank Kermode, Guardian 'Magnificent... delivered with authority and verve. Learned but never pedantic, he is an unfailingly incisive, thought-provoking, humane, courteous, and often entertaining guide.' Economist. (shrink)

This paper argues in favor of two claims: (a) that Scope Shifting Operations (Quantifier Raising and Quantifier Lowering) are restricted by economy considerations, and (b) that the relevant economy considerations compare syntactic derivations that end up interpretively identical. These ideas are shown to solve several puzzles having to do with the interaction of scope with VP ellipsis, coordination, and the interpretation of bare plurals. Further, the paper suggests a way of dealing with the otherwise puzzling clause-boundedness of Quantifier Raising.

This chapter contains sections titled: Simple (or Hard) Decisions Simplicity and Complexity Globalization, Coffee, and Sweden Simple (or Hard) Gifts Notes.

The laboratory animal environment: room for concern.

The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal authority and (...) its obligation to act in the interests of its subjects. The practical manifestation of the state's overarching fiduciary obligation to its subjects is the rule of law. (shrink)

To address the current lack of knowledge about clinical ethics fellowship programs (CEFPs), we surveyed all 36 programs in the U.S. and Canada. The number of CEFPs has grown exponentially over the last 40 years and far exceeds previous estimates. Commonalities among CEFPs include: 88.8% require an advanced degree or rarely accept applicants without one; 91.7% of programs do not restrict applicants to a specific background such as medicine or philosophy; and 88.9% of programs compensate fellows. CEFPs vary widely on (...) numbers of fellows trained in the last 3 years (1–111), numbers of consultations performed by each fellow (0–450), and salaries paid ($0-$95,000). Less than half of programs meet CEFP standards established by ABPD. Nonpaying programs and larger programs tend to have lower admission standards and lower expectations for fellows. We hope these data will help inform CEFP standards that promote quality and consistency without stifling desirable diversity and innovation. (shrink)

Coverage error is an important type of error that occurs in survey studies when there is a mismatch between the target population and the sampling frame from which a sample is drawn. Coverage error...

This work examines Japanese government policies that impact on the environment in order to determine whether they incorporate a sufficient ethical substance. In the enquiry into the ethics of the policies, Kagawa-Fox explores how Western philosophers combined their theories to develop a 'Western environmental ethics code'; she also reveals the existence of a unique 'Japanese environmental ethics code' built on Japan's cultural traditions, religious practices, and empirical experiences. The discovery of the distinctive Japanese code is not only important for what (...) it discloses as a new philosophy, but most importantly how it can be used to analyse the ethical framework of the Japanese policies. In spite of the positive contributions that Japan has shown towards the global environment, the government has failed to show a corresponding moral obligation to the world ecology in its global environmental policy. The policies examined in the three case studies comprising whaling, nuclear energy, and forestry, have also been found wanting in ecological ethical considerations, both from a Western and Japanese perspective. The main reason for this is that the integrity of the policies has been compromised by Japanese vested interest groups; business and political interests ensure that the policies are primarily focused on maintaining sustainable economic growth. Whilst Japan's global environmental policy initiatives are the key to its economic survival into the 21st century, and these initiatives may achieve their aim, they do however fail the Japanese code of environmental ethics."--Publisher's description. (shrink)

The annual volume of ethics consultations (ECs) has been a topic of interest in the bioethics literature, in part because of its presumed relationship to quality. To better understand factors associated with EC volume, we used multiple linear regression to model the number of case consultations performed in the last year based on a national survey. We found that hospital bed size, academic affiliation, and urban/rural location were all associated with EC volume, but were not the primary drivers. Instead, these (...) variables affected EC volume through three other variables, all of which relate to ethics staffing: the percentage of case consultations performed by a single individual; whether the survey respondent’s main role at the hospital contained the word “ethics”; and especially, the number of full-time ethics program staff. We conclude that EC is an example of supply-sensitive care, and further research is needed to determine the optimal level of EC activity. (shrink)

Principles of communication allow the listener to infer (upon hearing (1) that unless the speaker believed that (1alt) were false, the speaker would have uttered (1alt).

This paper proposes an architecture for the mapping between syntax and phonology — in particular, that aspect of phonology that determines ordering. In Fox and Pesetsky (in prep.), we will argue that this architecture, when combined with a general theory of syntactic domains ("phases"), provides a new understanding of a variety of phenomena that have received diverse accounts in the literature. This shorter paper focuses on two processes, both drawn from Scandinavian: the familiar process of Object Shift and the less (...) well-known process of Quantifier Movement. We will argue that constraints on these operations can be seen as instances of the same property of grammar that explains the fact that movement is local and successive cyclic. We begin by sketching a model in which locality and successive cyclicity are consequences of the architecture that we propose, rather than specific facts about movement itself. We next present our proposal in somewhat greater detail, and show how it can account for a wide range of apparent limitations on movement — in particular, superficially contradictory restrictions on Object Shift and Quantifier Movement. The restrictions on Object Shift include those grouped under the rubric of Holmberg's Generalization, which Quantifier Movement does not seem to obey. We will argue that Quantifier Movement instead obeys a near mirror-image of Holmberg's Generalization (an "Inverse Holmberg Effect"), but that both Holmberg's Generalization and its mirror image are expected if our proposed architecture is correct. (shrink)

ABSTRACT Aphantasia is a spectrum disorder, affecting the ability of otherwise healthy individuals to form voluntary or conscious mental images, and in some cases also any form of sensory representation. Although only discovered in 2010, it is now estimated that 2–3% of the population may have aphantasia – otherwise termed, the absence of a ‘mind’s eye,’ that aspect of conscious experience which so many people take for granted as part of their general way of experiencing the world. Aphantasia, although it (...) does not imply the absence of all forms of imagination, such as perspective taking and narrative construction, is quite literally a disorder affecting the individual’s capacity to form and work with images, and thus the absence of a certain way in which consciousness engages with the image-object, distinct both from perception and thought. This paper examines how phenomenological accounts of imagination can help us to better understand aphantasia, and also the ways in which aphantasia calls into question some aspects of an existential account of self. (shrink)

Whether or not youth work should professionalise and to what degree governments should regulate youth work services have been a widely debated topic within the Australian youth sector in recent tim...

Points of criticism of the target include: the extreme violence of females in defence of young despite high potential cost, the reality of female dominance striving, differences in male and female ritualization of aggression, the real existence of institutionalized female instrumental aggression, and the uselessness of “patriarchy” as defined as a category for differential analysis. It is concluded that it may in fact be the decline of patriarchy in the strict sense that leads to the female use of exculpatory explanations (...) for aggression, thus reversing Campbell's proposed causal sequence. (shrink)