Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

Calls are increasing for American health care to be organized as a learning health care system, defined by the Institute of Medicine as a health care system “in which knowledge generation is so embedded into the core of the practice of medicine that it is a natural outgrowth and product of the healthcare delivery process and leads to continual improvement in care.” We applaud this conception, and in this paper, we put forward a new ethics framework for it. No such (...) framework has previously been articulated. The goals of our framework are twofold: to support the transformation to a learning health care system and to help ensure that learning activities carried out within such a system are conducted in an ethically acceptable fashion. (shrink)

This encyclopedia entry provides an overview of the field of public health ethics. It focuses on what distinguishes public health ethics from other nearby subfields—especially biomedical ethics. It also frames the problems of public health ethics in terms of the concepts of justice and political legitimacy.

While it is uncontroversial to point to the liberal roots of feminism, a major issue in English-language feminist political thought over the last few decades has been whether feminism's association with liberalism should be relegated to the past. Can liberalism continue to serve feminist purposes? This book examines the positions of three contemporary feminists - Martha Nussbaum, Susan Moller Okin and Jean Hampton - who, notwithstanding decades of feminist critique, are unwilling to give up on liberalism. This book examines why, (...) and in what ways, each of these theorists believes that liberalism offers the normative and political resources for the improvement of women's situations. It also brings out and tries to explain and evaluate the differences among them, notwithstanding their shared allegiance to liberalism. In so doing, the books goes to the heart of recent debates in feminist and political theory. (shrink)

This article considers the extent to which the debate about animal rights can be enriched by Richard Rorty’s theory of rights. Although Rorty’s work has enjoyed a lot of scholarly attention, commentators have not considered the implications of his arguments for animals. Nor have theorists of animal rights engaged his approach to rights. This paper argues that Rorty’s thinking holds a number of attractions for proponents of animal rights. It also considers some of its drawbacks. It is further argued that (...) Rorty’s thinking about rights avoids many of the problems that animal ethic of care theorists have found in rights discourse being applied to animals. Rorty’s work thus provides a valuable resource for bringing these two major strands within the animal ethics literature into closer theoretical kinship. (shrink)

In the current research landscape, there are increasing demands for research to be innovative and cutting-edge. At the same time, concerns are voiced that as a consequence of neoliberal regimes of research governance, innovative research becomes impeded. In this paper, I suggest that to gain a better understanding of these dynamics, it is indispensable to scrutinise current demands for innovativeness as a distinct way of ascribing worth to research. Drawing on interviews and focus groups produced in a close collaboration with (...) three research groups from the crop and soil sciences, I develop the notion of a project-innovation regime of valuation that can be traced in the sphere of research. In this evaluative framework, it is considered valuable to constantly re-invent oneself and take ‘first steps’ instead of ‘just’ following up on previous findings. Subsequently, I describe how these demands for innovativeness relate to and often clash with other regimes of valuation that matter for researchers’ practices. I show that valuations of innovativeness are in many ways bound to those of productivity and competitiveness, but that these two regimes are nevertheless sometimes in tension with each other, creating a complicated double bind for researchers. Moreover, I highlight that also the project-innovation regime as such is not always in line with what researchers considered as a valuable progress of knowledge, especially because it entails a de-valuation of certain kinds of long-term epistemic agendas. I show that prevailing pushes for innovativeness seem to be based on a rather short-sighted temporal imaginary of scientific progress that is hardly grounded in the complex realities of research practices, and that they can reshape epistemic practices in potentially problematic ways. (shrink)

In this 60th anniversary of Business & Society essay, we seek to make three main contributions at the intersection of governance and artificial intelligence. First, we aim to illuminate some of the deeper social, legal, organizational, and democratic challenges of rising AI adoption and resulting algorithmic power by reviewing AI research through a governance lens. Second, we propose an AI governance framework that aims to better assess AI challenges as well as how different governance modalities can support AI. At the (...) heart of our framework lies the governance forces that apply to institutions, organizations, and individuals, who ultimately provide, regulate, and use AI decision-making. We discuss how businesses may harness AI’s economic power through governance solutions without creating or amplifying societal biases and inequalities. Third, as part of our section on future research, we identify a set of governance trade-offs in AI adoption, suggest future research avenues to conceptually strengthen research on the governance of AI, and lay out key policy recommendations. (shrink)

Ruth Jonathan; What is an Educational Practice? A Reply to Wilfred Carr, Journal of Philosophy of Education, Volume 21, Issue 2, 30 May 2006, Pages 177–180, htt.

This article examines the 2008 report of the Quebec Government’s Consultation Commission on Accommodation Practices Related to Cultural Differences which was co-authored by Charles Taylor. Summarizing its main themes, it identifies points of intersection with Taylor’s political thought. Issues of citizen equality, including gender equality, secularism, integration and interculturalism, receive special attention.

This study contributes to our understanding of how work-related values, including ethics, are connected with the readiness to change in Estonian organizations. Research in Estonian companies involved 747 respondents. The author examined the influence of work-related values on attitude towards change and organizational learning. Empirical research in Estonian organizations indicates that work-related values predict attitude towards change and organizational learning. This study indicates the need for ethical conduct to achieve a competitive advantage in Estonia. Guidelines for managers and a model (...) of value-based change management are subsequently developed. (shrink)

During the last decade and a half, Estonia has concentrated predominantly on economic development in its narrowest sense. Currently, the emphasis is gradually moving towards a broader approach, including an increasingly social agenda. The research question here concerns the awareness of corporate social responsibility among Estonian owners and managers. Empirical research in Estonia indicates that there has been a shift towards recognizing the importance of social responsibility, but this primarily concerns the “lower layers” of social responsibility, recognizing the importance of (...) economic responsibility and in some respects also public responsibility. Responses in interviews show a certain amount of personal initiative, but these are single examples rather than a general trend and are not enough to change the overall picture. Still, in any assessment of the current situation regarding social responsibility in Estonia, emphasis should be laid on the fact that changes are taking effect and will continue to do so. In transition economies, including Estonia, we should not overlook the fact that, at least in the early years of transition, the focus is on a rapid economic development where the social side will inevitably be left in the background and economic development will take place at the expense of social and environmental development. (shrink)

One important and consistent thread of Charles Taylor’s thought that has not yet received the attention it deserves is his philosophy of freedom. Taylor’s 1979 defense of positive liberty in response to Isaiah Berlin’s “Two Conceptions of Liberty” is, of course, well known. But there is a way of seeing reflection on freedom as a thread that runs, sometimes silently but always significantly, through his whole body of work. Taylor can be seen as asking what freedom means, how many varieties (...) it has, what it (or they) require, how it (or they) are supported and promoted, or threatened and diminished. Throughout his work, Taylor tacitly encourages us to think about what types of freedom are possible and desirable for embodied entities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 124.3 (2003) 469-471 [Access article in PDF] Warner and Shaw's Medea Ruth Scodel What should we, as classicists, want from contemporary productions of ancient dramas? As scholars, we tend to be historicists: whether or not we locate the basis for interpretation in an author, we usually locate it in the original context, if only because that is our expertise and the basis for our (...) authority. The study of tragedy has in recent years been dominated by new historicism, which places the plays firmly within the discursive world of fifth-century Athens. Typically, however, the more embedded the plays are in their own cultural discourse, the less immediately they speak within ours. Simultaneously, reception studies have flowered but do not provide much help in thinking about how our scholarly reception might or should interact with the theater. What do we hope productions will offer the broader public? What do we hope to learn from them for ourselves?A recent high-profile production of Medea invites such questions. 1 Warner and Shaw's Medea is filtered not through new historicism or even old historicism but through the miseries of contemporary divorce. (In a panel discussion at the University of Michigan, Shaw told anecdotes of divorcing couples who chopped up antique beds or gave away their spouse's wine cellars.) Generally favorably received by critics and audiences, it was severely criticized by Daniel Mendelsohn in The New York Review of Books. He calls it "vulgar, noisy, and uncomprehending" for its focus on the personal rather on the political. 2 Insisting that tragic women do not represent real women (or not just real women) but are "rather symbolic entities representing everything 'other' to that smoothly coherent citizen identity," Mendelsohn argues that "Warner's Euripides fails because it mistakes 'our' women for Euripides' women." As a [End Page 469] historicist, he objects that a production that ignores the political in the play thereby reduces it to domestic melodrama.There are at least two questions here. Whatever else Euripides' women were, Aristophanes shows plainly that members of the original audience thought they were representatives of real women. This Medea assumes that Euripides' women are near enough to our women. That is an acceptable working assumption. More troublesome is the other side of Mendelsohn's objection: that this production develops only one aspect of a complex play and is therefore reductive. That is undeniably true. Indeed, the reading of Euripides behind this production is in some ways perverse. Inevitably, as a scholar I feel troubled at having it offered to an audience as Euripides ("a very pretty poem, Mr. Pope, but you must not call it Homer").And yet: the set (with the pool of water that has become so frequent in recent theater) is littered with concrete blocks, as if Jason and Medea were in the middle of a remodeling project when Jason left. We classicists are used to prior knowledge of our plays, but this production fights our tendency to see tragedy as enacting the already known. Just as the set is not finished, Medea is uncertain, and her ignorance of what she is going to do allows even the professional to indulge in the illusion of not knowing the outcome. (Whether or not Euripides invented the murder of the children, the original audience did not know exactly what would happen.) The first half is very funny. Medea herself seems intensely aware that there is something fundamentally ridiculous about passion and revenge. Shaw delivers lines, especially gnomes, with ironic distance, as if they were already clichés and she were already tired of them. Hence her Medea is not the one familiar to Classicists, the adherent of a typical male heroic code, but rather a woman who says these things because they are available, exhausted by the banality of her own suffering. Her self-consciousness is reminiscent of Seneca's Medea; however, she is not working towards a self that already exists, but hunting for an acceptable role to play. Educated moderns surely often have this experience of feeling trapped in situations where our emotions... (shrink)

Theorists have debated whether our ability to understand sarcasm (pertaining here to verbal irony) is principally determined by the context or by properties of the comment itself. The current research investigated an alternative view that broadens the focus on the comment itself, suggesting that mitigating a highly positive concept by using negation generates sarcastic interpretations by default. In the current study, pretests performed on the target utterances presented in isolation established their default interpretations; novel affirmative phrases (e.g., He is the (...) best lawyer) were interpreted literally, whereas equally novel negative counterparts (e.g., He isn’t the best lawyer) were interpreted sarcastically. In Experiment 1 (an eye-tracking study), prior context biased these utterances toward literal or sarcastic interpretations. Results showed that target utterances were easier to process in contexts supporting their default interpretations, regardless of affirmation/negation. Results from a second eye-tracking experiment suggested that readers’ tendency to interpret negative phrases sarcastically is related to their own tendency to use malicious humor. Our findings suggest that negation leads to certain ambiguous utterances receiving sarcastic interpretations by default and that this process may be further intensified by personality factors. (shrink)

PurposeThe purpose of this paper is to contribute to the literature on age and the digital divide by examining the uses of and attitudes toward information and communication technologies by 26 politically senior citizens.Design/methodology/approachThe approach taken involved in‐depth face‐to‐face interviews.FindingsThe majority of the respondents are informed and balanced cyber‐enthusiasts who have embraced the opportunities afforded by ICTs to enhance their lives in general, including their political activities.Originality/valueThese findings destabilize the dominant image of older people and their attitudes to and experiences (...) of ICTs that appears in most of the literature on age and the digital divide. Those aged 65 and over represent the last cohort, in Western societies at least, for whom age as such is likely to be a decisive factor in their relationship to ICTs. It is therefore vital to get some insight into their views. (shrink)

Charles Taylor's work has recently taken a religious turn, with Taylor becoming more explicit about his own religious faith and its influence on his thinking. Ian Fraser offers a systematic, critical exploration of the nature of Taylor's Catholicism as it appears in his writings. This reply to Fraser endorses his belief in the importance of looking carefully at Taylor's religious views. However, it raises doubts about some of Fraser's particular arguments and conclusions, and aims to foster a clearer understanding of (...) Taylor's religious beliefs. It poses questions for Fraser about what Taylor is setting out to do in A Catholic Modernity?; why he invokes the figure of Matteo Ricci; whether he believes that acts of practical benevolence are impossible without a religious foundation; and whether his religiously-inspired pluralism suffers an inherent contradiction. (shrink)

This article proposes a third way of reading Nietzsche's remarks on women, one that goes beyond misogyny and metaphor. Taking the depiction of women in the works of the middle period at face value shows that these works neither entirely demean women nor exclude them from the higher life. Nietzsche's middle period comprises HAH (1879-80, which includes "Assorted Opinions and Maxims" and "The Wanderer and His Shadow"), D (1881) and GS (1882). The works of this period do not disqualify women (...) from free spirithood, for some of their passages can be read as befitting some women of the future for this honour. (shrink)

A combination of social forces has thrown marriage into question in westernised societies at the end of the millennium. This uncertainty creates space for new ways of thinking about marriage. In this context, we examine the idea of marriage as friendship. We trace its genealogy in the work of Mary Wollstonecraft, John Stuart Mill and Harriet Taylor and then subject it to critical scrutiny using some of Michel de Montaigne’s ideas. We ask how applic- able the ideal of higher friendship (...) is to marriage and what might be gained and lost by a synthesis of marriage and friendship. Grounding the discussion in historical sources is valuable because the topic is so little explored in the contemporary philosophical literature. This approach also allows any enduring value in these historical texts to be elicited. (shrink)

Bioethics is clearly a field in transition, if not confusion. Bioethics began as a scholarly, reflective, academic enterprise. Increasingly, however, some in bioethics are not as interested in producing scholarship as they are in practicing bioethics by providing services to institutions and clients.Bioethics also began as an interdisciplinary line of inquiry, with its major contributors all trained in some established discipline. We were and for the most part still are a field composed of theologians, philosophers, lawyers, physicians, nurses, and social (...) scientists who work in bioethics. Today, however, some young people actually aspire to be bioethicists. Increasingly, they have the option of being trained directly in bioethics, without any other disciplinary background.We are not the first field to find itself engaged in these kinds of transitions. In this short piece, I consider very briefly how two fields--health psychology and epidemiology- have approached similar branch points. (shrink)

The middle period represents Nietzsche’s apprenticeship as a genealogist of morals. The appeal to history operates in several ways in these texts — to historicize morality in general, and to show, in particular, the origins of certain current moral values and beliefs. It also has scholarly and practical purposes — Nietzsche believes that his genealogical analysis provides a truer understanding of morality that will also weaken the grip of some moral concepts on human hearts and minds. He argues that traditionally, (...) morality’s function has been to preserve the collective whatever the cost to individuality. The naturalism of the middle period’s accounts of morality is critically examined, and the rationalism of Nietzsche’s approach is drawn out. (shrink)

Originally published in 1942 this book brings together contribution from some of the finest thinkers and philosophers of the 20th century such as Boas, Croce, Einstein, Haldane, Mann, and Russell. The volume discusses the problem of Freedom from diverse points of view and offers a synthesis of issues and conclusions relating to freedom as a basis for action with a view to try and fill the gaps existent in the study of the nature of Man.

This paper takes some steps toward defending the idea that justified choice always depends on the comparability of the alternatives. If the arguments are right, there can be no justified choice among incomparable alternatives.

Genomics, Populations, and Society, a new volume in the Genomic and Precision Medicine in Clinical Practice series, considers the vast and thorny web of ELSI topics in genomics, from bioethics to healthcare applications, healthcare economics, genomic data management, and population dynamics. Emphasis is placed on the impact of rapid genomic advances on ethical, sociocultural and lifestyle dimensions. Healthcare and health economics topics include genomics and digital health, genome editing, and genomics and infectious disease management. Legal issues related to data ownership, (...) equity, access, probity, consent, and confidentiality are also discussed in-depth, along with sociocultural topics such as community engagement, consanguinity, and more. Here, a range of readers from researchers to clinicians, policy administrators, lawyers, economists and social scientists will discover carefully crafted, synthesized discussions on ELSI topics in genomics to power new scientific advances and genomic medicine implementation. (shrink)

Bioethics, Volume 36, Issue 7, Page 733-734, September 2022.

This chapter contains sections titled: Promise and Disappointment Ethical Issues Resource Allocation References.