Ever since the constitutional revolution of the 1930s, constitutional law and theory have been dominated by questions of civil rights. The expansion of rights under the Warren Court constituted a deep-seated shift in judicial attitudes that has proved remarkably stable over time. Despite protests in some quarters that the Burger Court and the current Rehnquist Court have undermined civil rights recognized during the Warren Court era, the fact is that the changes have been surprisingly marginal. Even precedents that were widely (...) believed to be endangered species a decade ago – such as Miranda and Roe v. Wade – continue in force, although they have indeed been pruned back. Despite their importance, however, these high-profile cases do not go to the core of the Supreme Court's agenda. The core is epitomized by Brown v. Board of Education on the one hand, representing an aggressive and interventionist attitude toward government discrimination against discrete minorities, and footnote four of the Carotene Products case, on the other hand, representing an extraordinarily deference to the political process with respect to economic regulation. The Rehnquist Court's commitment to this core agenda is not dramatically different than that of its predecessors, at least not when the broad sweep of constitutional law is taken into account. (shrink)

Les professeurs Macey et Miller analysent la relation entre l’assurance des dépôts et l’ inadé quation dans la structure des échéances des actifs et passifs des banques commerciales. Après avoir critiqué l’hypothèse traditionnelle concernant la réglementation, d’après laquelle les banques sont incitées à financer les actifs à long terme par des passifs à court terme parce que l’assurance des dépôts garantie par l’Etat stimule le crédit des banques et subventionne les passifs à court terme, ils utilisent l’analyse économique des (...) décisions publiques pour soutenir qu’une version modifiée de l’hypothèse de la réglementation est la meilleure explication de la déstructuration des échéances des actifs et passifs bancaires.Finalement, ils considèrent que soutenir l’hypothèse de la réglementation n’entraîne pas l’ acceptation du modèle d’assurance des dépôts garantie par l’Etat tel qu’il existe aux Etats-Unis aujourd’hui.Professors Macey and Miller explore the relationship between deposit insurance and the mismatch in the term structure of commercial banks’ assets and liabilities. After criticizing the traditional regulatory hypothesis, which posits that banks have incentives to fund long-term assets with short-term liabilities because government-sponsored deposit insurance enhances bank credit and subsidizes short-term liabilities, they use public choice theory to argue that a modified version of the regulatory hypothesis is the best explanation for the mismatch in the term structure of banks’ assets and liabilities. Finally, they argue that embracing the regulatory hypothesis does not imply acceptance of the government-sponsored deposit insurance scheme as it exists in the U.S. today. (shrink)

Male provisioning ability may have evolved as a “good dad” indicator through sexual selection, whereas male creativity may have evolved partly as a “good genes” indicator. If so, women near peak fertility (midcycle) should prefer creativity over wealth, especially in short-term mating. Forty-one normally cycling women read vignettes describing creative but poor men vs. uncreative but rich men. Women’s estimated fertility predicted their short-term (but not long-term) preference for creativity over wealth, in both their desirability ratings of individual men (r=.40, (...) p<.01) and their forced-choice decisions between men (r=.46, p<.01). These preliminary results are consistent with the view that creativity evolved at least partly as a good genes indicator through mate choice. (shrink)

Inferences about spatial, temporal, and other relations are ubiquitous. This article presents a novel model-based theory of such reasoning. The theory depends on 5 principles. The structure of mental models is iconic as far as possible. The logical consequences of relations emerge from models constructed from the meanings of the relations and from knowledge. Individuals tend to construct only a single, typical model. They spontaneously develop their own strategies for relational reasoning. Regardless of strategy, the difficulty of an inference depends (...) on the process of integration of the information from separate premises, the number of entities that have to be integrated to form a model, and the depth of the relation. The article describes computer implementations of the theory and presents experimental results corroborating its main principle. (shrink)

Given a basic conditional of the form, If A then C, individuals usually list three cases as possible: A and C, not‐A and not‐C, not‐A and C. This result corroborates the theory of mental models. By contrast, individuals often judge that the conditional is true only in the case of A and C, and that cases of not‐A are irrelevant to its truth or falsity. This result corroborates other theories of conditionals. To resolve the discrepancy, we devised two new tasks: (...) the “collective” truth task, in which participants judged whether sets of assertions about a specific individual, such as: If A then C, not‐A, C, could all be true at the same time; and one in which participants judged the truth of conditional predictions about specific future events. The results consistently matched the three possibilities, thereby corroborating the model theory. They also showed a massive violation of the probability calculus in estimates of the probabilities of the four cases in the partition of conditionals (A and C, A and not‐C, not‐A and C, and not‐A and not‐C), which summed to over 200%. (shrink)

Moral patients deserve moral consideration and concern – they have moral standing. What factors drive attributions of moral standing? Understanding these factors is important because it indicates how broadly individuals conceptualize the moral world, and suggests how they will treat various entities, both human and non-human. This understanding has recently been advanced by a series of studies conducted by both psychologists and philosophers, which have revealed three main drivers of moral standing: the capacity to suffer, intelligence or autonomy, and the (...) nature of an entity's disposition. These studies have also revealed causal links between moral standing and other variables of interest, namely, mental state attributions and moral behavior. In this review, I consider this recent research, aiming to clarify what the balance of evidence indicates about how moral standing is judged and about its links to mind perception and behavior. I conclude by suggesting open questions for future research on this exciting topic. (shrink)

Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted punishment” effect, (...) such that the responsive killing of the actual “guilty” culprit is seen as more deserved than the killing of an almost identical yet “innocent” animal from the same species. Studies 4 and 5 extend both effects to participants' acceptance of inflicting pain and suffering on the offending animal at the time of its death, and show that both effects are mediated by measures of retributive sentiment, and not by consequentialist concerns. (shrink)

Ethical disputes arise over differences in the content of the ethical beliefs people hold on either side of an issue. One person may believe that it is wrong to have an abortion for financial reasons, whereas another may believe it to be permissible. But, the magnitude and difficulty of such disputes may also depend on other properties of the ethical beliefs in question—in particular, how objective they are perceived to be. As a psychological property of moral belief, objectivity is relatively (...) unexplored, and we argue that it merits more attention. We review recent psychological evidence which demonstrates that individuals differ in the extent to which they perceive ethical beliefs to be objective, that some ethical beliefs are perceived to be more objective than others, and that both these sources of variance are somewhat systematic. This evidence also shows that differences in perceptions of objectivity underpin quite different psychological reactions to ethical disagreement. Apart from reviewing this evidence, our aim in this paper is to draw attention to unanswered psychological questions about moral objectivity, and to discuss the relevance of moral objectivity to two issues of public policy. (shrink)

We draw on the behavioral agency model to explore the ethical consequences of CEO equity incentives. We argue that CEOs are more concerned with funding pension plans when they have more to gain from their stock options yet will increasingly underfund employee pension funds as their current option wealth increases. Our findings reveal that both effects hold when the CEO has greater power (also occupying board chair) over firm decision making. Our study suggests that there is an ethical dimension to (...) equity incentives, given they are intended to align CEO interests with shareholders, yet potentially incentivize CEO behaviors with adverse consequences for employees. Insights from our findings provide boards and regulators with behavioral levers to protect employee well-being in the context of pension funding. (shrink)

The DNA in human cells is continuously undergoing damage as consequences of both endogenous processes and exposure to exogenous agents. The resulting structural changes can be repaired by a number of systems that function to preserve genome integrity. Most pathways are multicomponent, involving incision in the damaged DNA strand and resynthesis using the undamaged strand as a template. In contrast, O6-alkylguanine-DNA alkyltransferase is able to act as a single protein that reverses specific types of alkylation damage simply by removing the (...) offending alkyl group, which becomes covalently attached to the protein and inactivates it. The types of damage that ATase repairs are potentially toxic, mutagenic, recombinogenic and clastogenic. They are generated by certain classes of carcinogenic and chemotherapeutic alkylating agents. There is consequently a great deal of interest in this repair system in relation to both carcinogenesis and cancer chemotherapy. BioEssays 24:255–266, 2002. © 2002 Wiley Periodicals, Inc.; DOI 10.1002/bies.10063. (shrink)

It is commonly argued that a serious right to life is grounded only in actual, relatively advanced psychological capacities a being has acquired. The moral permissibility of abortion is frequently argued for on these grounds. Increasingly it is being argued that such accounts also entail the permissibility of infanticide, with several proponents of these theories accepting this consequence. We show, however, that these accounts imply the permissibility of even more unpalatable acts than infanticide performed on infants: organ harvesting, live experimentation, (...) sexual interference, and discriminatory killing. The stronger intuitions against the permissibility of these ‘pre-personal acts’ allow us to re-establish a comprehensive and persuasive reductio against psychological accounts of persons. (shrink)

Robert Jackall, Street Stories: The World of Police Detectives. Cambridge, MA: Harvard University Press, 2005. 429pp.

Accounting ethics failures have seized headlines and cost investors billions of dollars. Improvement of the ethical reasoning and behavior of accountants has become a key concern for the accounting profession and for higher education in accounting. Researchers have asked a number of questions, including what type of accounting ethics education intervention would be most effective for accounting students. Some researchers have proposed virtue ethics as an appropriate moral framework for accounting. This research tested whether Smithian virtue ethics training, based on (...) Adam Smith’s “The Theory of Moral Sentiments”, is effective in improving accounting student’s cognitive moral development. This research used a pre-test, treatment, post-test, quasi-experimental design utilizing the Defining Issues Test 2 instrument to measure students’ CMD. Analysis of DIT-2 gain scores did show a significant improvement in subjects’ personal interest scores and a significant improvement in an overall measure of CMD, the DIT N2 index, whereas their DIT-2 post-conventional scores did not improve significantly. This research supports the proposition that the concepts contained in Smithian virtue ethics can contribute to an effective accounting ethics education intervention. However, further research is required to determine what concepts should be included to improve accounting students’ post-conventional moral reasoning. (shrink)

The frame problem refers to the fact that organisms must be able to zero in on relevant aspects of the world and intelligently ignore the vast majority of the world that is irrelevant to their goals. In this paper we aim to point out the connection between two leading frameworks for thinking about how organisms achieve this. Predictive processing is a rapidly growing framework within cognitive science which suggests that organisms assign a high ‘weight’ to relevant aspects of the world, (...) effectively treating relevant aspects of the world as if they are more precise. This assignment of weight is called precision-weighting and is the predictive processing account of how organisms allocate their attention. Relevance Realization is a framework that conceptualizes an organism’s ability to realize relevance as resulting from a dynamical system in which a cognitive agent makes use of opponent processing relationships to zero in on relevant aspects of the world. In this paper we use recent work on the diametric model of autism and psychosis to demonstrate that the tradeoffs inherent to precision-weighting are also inherent to relevance realization. This connection will demonstrate that although these frameworks have a different intellectual background and use a different set of concepts and vocabulary, they are both pointing to the same underlying process. The fact that these different frameworks have converged on such a similar solution to the problem of how organisms realize relevance serves to demonstrate the plausibility of that solution. (shrink)

Perception of (and during) events is a necessary feature of any perceptual theory. Norman's dual-process approach cannot account for the perception of events without substantial interactions between the dorsal and ventral systems. These interactions, as outlined by Norman, are highly problematical. The necessity for interactions between the two systems makes the distinction useless.

The model identifies a spatial coordinate frame within which the sensorimotor apparatus produces movement. Its spatial nature simplifies its coupling with spatial reference frames used concurrently by vision and proprioception. While the positional reference frame addresses the performance of spatial tasks, it seems to have little to say about movements involving energy expenditure as the principle component of the task.

Roger Shepard's description of an abstract representational space defined by landmark objects and kinematic transformations between them fails to successfully capture the essence of the perceptual tasks he expects of it, such as object recognition. Ultimately, objects are recognized in the context of events. The dynamic nature of events is what determines the perceived kinematic behavior, and it is at the level of dynamics that events can be classified as types. [Shepard].

Cognitively-oriented theories have dominated the recent history of the study of emotion. However, critics of this perspective suggest the role of the body in the experience of emotion is largely ignored by cognitive theorists. As an alternative to the cognitive perspective, critics are increasingly pointing to William James’ theory, which emphasized somatic aspects of emotions. This emerging emphasis on the embodiment of emotions is shared by those in the field of AI attempting to model human emotions. Behavior-based agents in AI (...) are attempts to model the role the body might play in the experiencing of emotions. Progress in creating such behavior-based models that function in their environments has been slow, suggesting some potential problems with Jamesian alternatives to cognitive perspectives of emotions. Heidegger’s and Merleau-Ponty’s conceptions of embodiment are suggested as alternatives to James’ and as means for addressing the shortcomings of the cognitive perspective. (shrink)

Sudoku puzzles, which are popular worldwide, require individuals to infer the missing digits in a 9 9 array according to the general rule that every digit from 1 to 9 must occur once in each row, in each column, and in each of the 3-by-3 boxes in the array. We present a theory of how individuals solve these puzzles. It postulates that they rely solely on pure deductions, and that they spontaneously acquire various deductive tactics, which differ in their difficulty (...) depending on their “relational complexity”, i.e., the number of constraints on which they depend. A major strategic shift is necessary to acquire tactics for more difficult puzzles: solvers have to keep track of possible digits in a cell. We report three experiments corroborating this theory. We also discuss their implications for theories of reasoning that downplay the role of deduction in everyday reasoning. (shrink)

Following important work by Pizarro, Uhlmann and Salovey (2003) on moral judgments of uncontrolled/impulsive versus controlled/ deliberate action, we focus on the related issue of the moral evaluation of emotion-motivated versus principle-driven behavior. We examine: (a) the potential lesser blameworthiness of antisocial acts perceived as driven by emotion as opposed to principle; (b) how factors governing the moral evaluation of antisocial acts might extend to the evaluation of prosocial acts; and (c) how overriding a moral emotion in favor of a (...) moral principle affects moral attributions. (shrink)

Sudoku puzzles, which are popular worldwide, require individuals to infer the missing digits in a 9 9 array according to the general rule that every digit from 1 to 9 must occur once in each row, in each column, and in each of the 3-by-3 boxes in the array. We present a theory of how individuals solve these puzzles. It postulates that they rely solely on pure deductions, and that they spontaneously acquire various deductive tactics, which differ in their difficulty (...) depending on their “relational complexity”, i.e., the number of constraints on which they depend. A major strategic shift is necessary to acquire tactics for more difficult puzzles: solvers have to keep track of possible digits in a cell. We report three experiments corroborating this theory. We also discuss their implications for theories of reasoning that downplay the role of deduction in everyday reasoning. (shrink)

A volume of essays by leading photography writers and critics, published to benefit Amnesty International, cites such examples as the work of Susan Sontag to question whether photography of disturbing images stirs empathy or voyeurism in its viewers, outlining how to look at photographs to become contextually informed. Original.

To encourage corporations to contribute positively to the environment in which they operate, voluntary self-regulatory codes (SRC) have been enacted and refined over the past 15 years. Two of the most prominent are the United Nations Global Compact and the Global Reporting Initiative. In this paper, we explore the impact of different stakeholders' pressures on the selection of strategic choices to join SRCs. Our results show that corporations react differently to different sets of stakeholder pressures and that the SRC selection (...) depends on the type and intensiveness of the stakeholder pressures as well as the resources at hand to respond to those pressures. Our contribution offers a more specific and finely variegated analysis of firmstakeholder interactions. (shrink)

We argue that the propositional and link-based approaches to human contingency learning represent different levels of analysis because propositional reasoning requires a basis, which is plausibly provided by a link-based architecture. Moreover, in their attempt to compare two general classes of models (link-based and propositional), Mitchell et al. refer to only two generic models and ignore the large variety of different models within each class.

The concept of brain death as equivalent to cardiopulmonary death was initially conceived following developments in neuroscience, critical care, and transplant technology. It is now a routine part of medicine in Western countries, including the United States. In contrast, Eastern countries have been reluctant to incorporate brain death into legislation and medical practice. Several countries, most notably China, still lack laws recognizing brain death and national medical standards for making the diagnosis. The perception is that Asians are less likely to (...) approve of brain death or organ transplant from brain dead donors. Cultural and religious traditions have been referenced to explain this apparent difference. In the West, the status of the brain as home to the soul in Enlightenment philosophy, combined with pragmatism and utilitarianism, supports the concept of brain death. In the East, the integration of body with spirit and nature in Buddhist and folk beliefs, along with the Confucian social structure that builds upon interpersonal relationships, argues against brain death. However, it is unclear whether these reasoning strategies are explicitly used when families and medical providers are faced with acknowledging brain death. Their decisions are more likely to involve a prioritization of values and a rationalization of intuitive responses. Why and whether there might be differences between East and West in the acceptance of the brain death concept requires further empirical testing, which would help inform policy-making and facilitate communication between providers and patients from different cultural and ethnic backgrounds. (shrink)

Using ideas from evolution and postformal stages of hierarchical complexity, a hypothetical scenario, premised on genetic engineering advances, portrays the development of a new humanoid species, Superions. How would Superions impact and treat current humans? If the Superion scenario came to pass, it would be the ultimate genocidal terrorism of eliminating an entire species, Homo Sapiens. We speculate about defenses Homo Sapiens might mount. The tasks to relate two species (systems) constitutes a postformal, Metasystematic task. Developing a system of discourse (...) to prevent destruction requires postformal Paradigmatic-stage tasks. Implications are twofold: species survival and sufficient evolution to survive. (shrink)