The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory would cast tort actions as a means of enforcing wrongdoers’ moral duties of repair. We provide both legal and moral reasons for declining their invitation. Rebecca Stone (...) draws a particular link between civil recourse in private law theory and the right of self-defense as recognized in criminal law and moral theory. While we share Stone’s basic inclination, we argue for a different version of the link than the one that she draws. Veronica Rodriguez-Blanco provides a critique of our model of negligence law based on action theory. In response, we explain – in a way that we hope sheds light on debates over moral luck – how it is possible for the law to define negligence such that its commission depends simultaneously on the character of the defendant’s conduct and on the consequences that result from it. Though generally sympathetic to our approach, Stephen Smith faults us for failing satisfactorily to explain important remedial dimensions of tort law. Stubbornly, we insist that we can account for these, and indeed can do so on more satisfactory terms than corrective justice theorists. Finally, Erin Kelly challenges us to consider how our work might inform the analysis of two pressing issues of racial justice: overcriminalization and reparation payments. While we question whether our work to date has as much to offer on these matters as she suggests, we also maintain that the core principle of civil recourse theory – where there is a right there is a remedy – provides grounds for critiquing modern law’s failure to provide adequate accountability when police officers use excessive force against persons of color. (shrink)

Everyone, it seems, is talking and arguing about Evidence-Based Practice. Those therapies and assessments designated as EBP increasingly determine what is taught, researched, and reimbursed in health care. But exactly what is it, and how do you do it? The second edition of Clinician's Guide to Evidence-Based Practices is the concise, practitioner-friendly guide to applying EBPs in mental health. Step-by-step it explains how to conduct the entire EBP process-asking the right questions, accessing the best available research, appraising the research, translating (...) that research into practice, integrating that research with clinician expertise and patient characteristics, evaluating the entire enterprise, attending to the ethical considerations, and when done, moving the EBP process forward by teaching and disseminating it. This book will help you:. Formulate useful questions that research can address. Search the research literature efficiently for best practices. Make sense out of the research morass, sifting wheat from chaff. Incorporate patient values and diversity into the selection of EBP. Blend clinician expertise with the research evidence. Translate empirical research into practice. Ensure that your clients receive effective, research-supported services. Infuse the EBP process into your organizational setting and training methods. Identify and integrate ethics in the context of EBP Coauthored by a distinguished quartet of clinicians, researchers, and a health care librarian, the Clinician's Guide has become the classic for graduate students and busy professionals mastering EBP. ". (shrink)

Part I Philosophic Traditions Introduction to Part I 3 1 Philosophy and the Afro-American Experience 7 CORNEL WEST 2 African-American Existential Philosophy 33 LEWIS R. GORDON 3 African-American Philosophy: A Caribbean Perspective 48 PAGET HENRY 4 Modernisms in Black 67 FRANK M. KIRKLAND 5 The Crisis of the Black Intellectual 87 HORTENSE J. SPILLERS Part II The Moral and Political Legacy of Slavery Introduction to Part II 107 6 Kant and Knowledge of Disappearing Expression 110 RONALD A. T. JUDY 7 (...) Social Contract Theory, Slavery, and the Antebellum Courts 125 ANITA L. ALLEN AND THADDEUS POPE 8 The Morality of Reparations II 134 BERNARD R. BOXILL Part III Africa and Diaspora Thought Introduction to Part III 151 9 “Afrocentricity‘: Critical Considerations 155 LUCIUS T. OUTLAW, JR. 10 African Retentions 168 TOMMY L. LOTT 11 African Philosophy at the Turn of the Century 190 ALBERT G. MOSLEY Part IV Gender, Race, and Racism Introduction to Part IV 199 12 Some Group Matters: Intersectionality, Situated Standpoints, and Black Feminist Thought 205 PATRICIA HILL COLLINS 13 Radicalizing Feminisms from “The Movement Era‘ 230 JOY A. JAMES 14 Philosophy and Racial Paradigms 239 NAOMI ZACK 15 Racial Classification and Public Policy 255 DAVID THEO GOLDBERG 16 White Supremacy 269 CHARLES W. MILLS Part V Legal and Social Philosophy Introduction to Part V 285 17 Self-Respect, Fairness, and Living Morally 293 LAURENCE M. THOMAS 18 The Legacy of Plessy v. Ferguson 306 MICHELE MOODY-ADAMS 19 Some Reflections on the Brown Decision and Its Aftermath 313 HOWARD McGARY 20 Contesting the Ambivalence and Hostility to Affirmative Action within the Black Community 324 LUKE C. HARRIS 21 Subsistence Welfare Benefits as Property Interests: Legal Theories and Moral Considerations 333 RUDOLPH V. VANTERPOOL 22 Racism and Health Care: A Medical Ethics Issue 349 ANNETTE DULA 23 Racialized Punishment and Prison Abolition 360 ANGELA Y. DAVIS Part VI Aesthetic and Cultural Values Introduction to Part VI 373 24 The Harlem Renaissance and Philosophy 381 LEONARD HARRIS 25 Critical Theory, Aesthetics, and Black Modernity 386 LORENZO C. SIMPSON 26 Black Cinema and Aesthetics 399 CLYDE R. TAYLOR 27 Thanatic Pornography, Interracial Rape, and the Ku Klux Klan 407 T. DENEAN SHARPLEY-WHITING 28 Lynching and Burning Rituals in African-American Literature 413 TRUDIER HARRIS-LOPEZ 29 Rap as Art and Philosophy 419 RICHARD SHUSTERMAN 30 Microphone Commandos: Rap Music and Political Ideology 429 BILL E. LAWSON 31 Sports, Political Philosophy, and the African American 436 GERALD EARLY. (shrink)

Hospital ethics committees have become widespread over the last 25 years, stimulated by the Quinlan decision of the New Jersey Supreme Court, the report of a President's Commission, and most recently by the Joint Commission on Accreditation of Health Care Organizations, which now man dates that each hospital seeking accreditation have a functioning process for the consideration of ethical issues in patient care. Laws and regulations in several states require that hospitals establish ethics committees, and some states stipulate that certain (...) types of cases and disputes be taken to such committees. At least one state grants legal immunity to those who implement recommendations of an ethics committee. (shrink)

Hospital ethics committees have become widespread over the last 25 years, stimulated by the Quinlan decision of the New Jersey Supreme Court, the report of a President's Commission, and most recently by the Joint Commission on Accreditation of Health Care Organizations , which now man dates that each hospital seeking accreditation have a functioning process for the consideration of ethical issues in patient care. Laws and regulations in several states require that hospitals establish ethics committees, and some states stipulate that (...) certain types of cases and disputes be taken to such committees. At least one state grants legal immunity to those who implement recommendations of an ethics committee. (shrink)

This volume addresses the intriguing issue of indirect reports from an interdisciplinary perspective. The contributors include philosophers, theoretical linguists, socio-pragmaticians, and cognitive scientists. The book is divided into four sections following the provenance of the authors. Combining the voices from leading and emerging authors in the field, it offers a detailed picture of indirect reports in the world’s languages and their significance for theoretical linguistics. Building on the previous book on indirect reports in this series, this volume adds an empirical (...) and cross-linguistic approach that covers an impressive range of languages, such as Cantonese, Japanese, Hebrew, Persian, Dutch, Spanish, Catalan, Armenian, Italian, English, Hungarian, German, Rumanian, and Basque. (shrink)

This is a set of essays and translations that covers comprehensively all of Japanese philosophy.

The materialist critics argue that insuperable difficulties are encountered by the hypothesis that immaterial mental events such as thinking can act in any way on material structures such as neurons of the cerebral cortex, as is diagrammed in Fig. 8. Such a presumed action is alleged to be incompatible with the conservation laws of physics, in particular of the First Law of Thermodynamics. This objection would certainly be sustained by 19th century physicists and by neuroscientists and philosophers who are still (...) ideologically in the physics of the 19th century, not recognizing the revolution wrought by quantum physicists in the 20th century. Unfortunately it is rare for a quantum physicist to dare an intrusion into the brain-mind problem. But in a recent book the quantum physicist Margenau (1984) makes a fundamental contribution. It is a remarkable transformation from 19th century physics to be told (p. 22): "that some fields, such as the probability field of quantum mechanics carry neither energy nor matter." He goes on (p. 96) to state: "In very complicated physical systems such as the brain, the neurons and sense organs, whose constituents are small enough to be governed by probabilistic quantum laws, the physical organ is always poised for a multitude of possible changes, each with a definite probability; if one change takes place that requires energy, or more or less energy than another, the intricate organism furnishes it automatically. Hence, even if the mind has anything to do with the change, that is if there is a mind-body interaction, the mind would not be called upon to furnish energy." In summary (p. 97) Margenau states that: "The mind may be regarded as a field in the accepted physical sense of the term. But it is a nonmaterial field; its closest analogue is perhaps a probability field. It cannot be compared with the simpler nonmaterial fields that require the presence of matter (e.g. gravity) nor does it necessarily have a definite position in space. And so far as present evidence goes it is not an energy field in any physical sense, nor is it required to contain energy in order to account for all known phenomena in which mind interacts with brain". In formulating more precisely the dualist hypothesis of mind-brain interaction, the initial statement is that the whole world of mental events (World 2) has an existence as autonomous as the world of matter-energy (World I ) (Fig. 1). The present interactionist hypothesis does not relate to these ontological problems, but merely to the mode of action of mental events on neural events, that is of the nature of the downward arrows across the frontier in Fig. 8. Following Margenau (1984) the hypothesis is that mind-brain interaction is analogous to a probability field of quantum mechanics, which has neither mass nor energy, yet can cause effective action at microsites. More specifically it is proposed that the mental concentration involved in intentions (Figs. 7, 8) or attention (Fig. 4) or planned thinking (Figs. 5, 6) can cause neural events by a process analogous to the probability fields of quantum mechanics. -/- We can ask: what neural events could be appropriate recipients for mental fields that are analogous to quantal probability fields? Already we may have the answer in recent discoveries on the nature of the synaptic mechanism whereby one nerve cell communicates with another. (shrink)

In 1990, the comptroller of the Catholic Diocese of Buffalo was charged with the embezzlement of eight million dollars of money belonging to the Diocese, He was subsequently convicted and served several years in state prison. Using this case as a starting point, this paper looks at several examples of white-collar crime and religious institutions. Should justice or mercy be the operative virtue in dealing with such criminals?

Book reviewed in this article: Ethics and Critical Care Medicine. John C. Moskop and Loretta Kopelman, eds. Dordrecht: D. Reidel “Ethical Moments in Critical Care Medicine,” symposium issue of Critical Care Clinics. James P. Orlowski and George A. Kanoti, eds.

This book highlights some of the most pressing safety, ethical, legal and societal issues related to the diverse contexts in which robotic technologies apply. Focusing on the essential concept of well-being, it addresses topics that are fundamental not only for research, but also for industry and end-users, discussing the challenges in a wide variety of applications, including domestic robots, autonomous manufacturing, personal care robots and drones.

With this issue we initiate the policy of expanding the scope of Tulane Studies in Philosophy to include, in addition to the work of members of the department, contributions from philosophers who have earned advanced degrees from Tulane and who are now teaching in other colleges and universities. The Editor THE LOGIC OF OUR LANGUAGE ROBERT L. ARRINGTON Wittgenstein wrote in the Tractatus that "logic is not a body of doctrine, but a mirror-image of the world. " 1 In line (...) with his suggestion that a proposition is a 'picture', Wittgenstein argued that propositions 'show' the logical structure of the real. He was insistent, however, that "the apparent logical form of a proposition need not be its real one. " 2 As a result of this we can misunderstand the structure of fact. Philosophical problems arise just when "the logic of our language is mis understood. " 3 It is common knowledge that much of this view of logic was rejected by Wittgenstein himself in the Philosophical Investi gations. There we are told that language has no ideal or sublime 4 logic which mirrors the structure of the extra-linguistic world. Consequently, inferences from the structure of language to the structure of that extra-linguistic world are invalid. Reality can be 'cut up' in any of a number of ways by language. Wittgenstein adopted a view of philosophy which would render that discipline a non-explanatory, non-critical study of the multiple ways in which language can be used. (shrink)

A rather popular mixture of biography, philosophy, and theology, for the Catholic layman. Scotus' role in the defense of the doctrine of the Immaculate Conception receives special emphasis. --A. C. P.

This book challenges current thinking on professional ethics and suggests new ways of looking at ethical issues. The contributors to the volume (Michael Goldberg, Richard P. Vance, Deborah Fernhoff, Nancey Murphy, Theophus H. Smith, Jack L. Sammons Jr., William H. Willimon, and Senator John C. Danforth) are outstanding representatives of their respective professions. In this book, using the categories of religion and narrative as methodological tools, they move readers to a more responsive, hopeful, and truthful conduct of the (...) professions. (shrink)

According to “hard” compatibilists, we can be responsible for our actions not only when they are determined by mindless natural causes, but also when some agent other than ourselves intentionally determines us to act as we do. “Soft” compatibilists consider freedom compatible with merely natural determinism, but not with intentional determinism (e.g., theological determinism). Because he believes there is no relevant difference (NRD) between a naturally determined agent and a relevantly similar intentionally determined agent, John Martin Fischer is a (...) hard compatibilist. However, he argues for “historical” compatibilism by appealing to the intuition that certain manipulated agents are not responsible. By considering a new type of manipulation case, I show that Fischer’s appeal to ordinary intuitions about manipulation conflicts with NRD, so that he must choose between the two. The closing section explains why I think going “soft” is Fischer’s better option. (shrink)

E. P. Wigner 's argument that the probability of the existence of self-reproducing units, e.g., organisms, is zero according to standard quantum theory is stated and analyzed. Theorems are presented which indicate that Wigner 's mathematical result in fact should not be interpreted as asserting the improbability of self-reproducing units.

Progressive supranuclear palsy is a movement disorder with prominent tau neuropathology. Brain diseases with abnormal tau deposits are called tauopathies, the most common of which is Alzheimer's disease. Environmental causes of tauopathies include repetitive head trauma associated with some sports. To identify common genetic variation contributing to risk for tauopathies, we carried out a genome-wide association study of 1,114 individuals with PSP and 3,247 controls followed by a second stage in which we genotyped 1,051 cases and 3,560 controls for the (...) stage 1 SNPs that yielded P ≤ 10-3. We found significant previously unidentified signals associated with PSP risk at STX6, EIF2AK3 and MOBP. We confirmed two independent variants in MAPT affecting risk for PSP, one of which influences MAPT brain expression. The genes implicated encode proteins for vesicle-membrane fusion at the Golgi-endosomal interface, for the endoplasmic reticulum unfolded protein response and for a myelin structural component. © 2011 Nature America, Inc. All rights reserved. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

This book updates and adds to the classic Social Movements of the Sixties and Seventies, showing how social movement theory has grown and changed.

Sheehan and coworkers have claimed [D. P. Sheehan et al., Found. Phys. 30, 1227 ; 32, 441 ; D. P. Sheehan, in Quantum Limits to the Second Law, AIP Conference Proceedings 643, p. 391] that a dilute gas trapped between an external shell and a gravitator can support a steady state in which energy flux by particles in one direction is balanced by energy flux by radiation in the opposite direction, and in which work can be extracted from an isothermal (...) heat reservoir, thereby violating the second law of thermodynamics. In this paper, we identify a fundamental error in their simulation and analysis of their model system that vitiates their conclusions. We analyze a simpler, exactly soluble, three-dimensional model of a very dilute gas in a gravitational field between two thermal reservoirs, and show that their conclusions are not supported for the simple model. We show that their method of simulation, when applied to either the simple model or their more complex model under simpler conditions where the answers are known, leads to unphysical results. We also show that, when appropriate sampling is done, their model gives results in accord with the second law and detailed balance. (shrink)

Given the recent cuts in government budgets, issues such as taxation, welfare, health care, social security, and environmental protection ar e drawing increasing attention to the basic problems of how to divide resources equitably among all members of society. Social Issues provid es a framework for discussing and resolving these current, pressing so cial issues. As each issue is considered, the book clarifies the moral, political, and economic dimensions that must be weighed as current p rograms and reform proposals are (...) evaluated. Throughout, this book prov ides a forum for open discussion in which the moral values and politic al and economic viewpoints from different viewpoints are entertained, discussed, and evaluated. (shrink)

A sequel to Nineteenth Century Studies, this book is a series of well-documented studies of several Victorian religious liberals--among them Tennyson, John Morley, and Francis Newman. Willey's theme is the religious disillusionment suffered by Victorian intellectuals; he sees as its cause the application of the techniques of historical scholarship to religion. Since the book is largely biographical, there is little consideration of the issues involved on their own accounts; but as a gallery of intellectual portraits, it is first-rate--sympathetic, sensitive, (...) perceptive.--A. C. P. (shrink)

As John Henry Newman reflected on 'The Idea of a University' more than a century and a half ago, Bradley C. S. Watson brings together some of the nation's most eminent thinkers on higher education to reflect on the nature and purposes of the American university today. Their mordant reflections paint a picture of the American university in crisis. This book is essential reading for thoughtful citizens, scholars, and educational policymakers.

Crowdfunding platforms have revolutionized entrepreneurial finance, with 200 billion dollars expected to be dispersed annually to entrepreneurs and small business owners by 2020. Despite the importance of this growing phenomenon, our knowledge of the dynamics of successful lending-based prosocial crowdfunding and its implications for the business ethics literature remain limited. We use a social responsibility lens to examine whether crowdfunders on a lending-based prosocial platform lend their money based on altruistic or strategic motives. Our results indicate that the dynamics of (...) prosocial lending-based crowdfunding are somewhat consistent with traditional forms of financing. Specifically, despite a prosocial setting in nature, crowdfunders tend to act strategically, positively responding to signals of quality and low risk. Notably, we also find that projects that are high on both financial and social appeal receive the highest average amount of funding. Furthermore, language on the lender’s profile indicating ability to pay is positively related to both funding success and funding amount. Our study contributes to filling the gap in the business ethics literature about the dynamics of lending-based prosocial crowdfunding, and the strategic and altruistic ethical motives that drive lenders in such endeavors. (shrink)