Since the origins of the notion of emergence in attempts to recover the content of vitalistic anti-reductionism without its questionable metaphysics, emergence has been treated in terms of logical properties. This approach was doomed to failure, because logical properties are either sui generis or they are constructions from other logical properties. If the former, they do not explain on their own and are inevitably somewhat arbitrary (the problem with the related concept of supervenience, Collier, 1988a), but if the latter, reducibility (...) is assured because logical constructs are reducible, by definition, to their logical components. A satisfactory account of emergence must recognise that it is a dynamical, not a logical property of property of natural systems, and that its basis is dynamical rather than logical composition. Collier (1988a) introduced the concept of cohesion as the closure of the causal relations among the dynamical parts of a dynamical particular that determine its resistance to external and internal fluctuations that might disrupt its integrity. Cohesion is an equivalence relation that partitions a set of dynamical particulars into unified and distinct entities, providing the identity conditions for such particulars. Cohesion blocks reduction of dynamical particulars, and is necessary for dynamical emergence. We will give reasons for thinking that cohesion might be sufficient for emergence as well. (shrink)

Volume 20, Issue 3, March 2020, Page 83-85.

Entrepreneurs have a unique opportunity to cultivate the moral direction and development of their organizations, precisely because those organizations are new. Towards this end, we suggest that the Golden Rule is a simple, practical heuristic for entrepreneurs seeking to establish a fair social contract with their stakeholders. Because justice is an important central moral criterion in organizations, we attempt to show theoretically that the Golden Rule passes critical tests of justice, as outlined in the work of John Rawls, and can (...) also serve as a universally relevant hypernorm which have been argued to ground all social contracts. We introduce some important contextual findings from the entrepreneurship literature in order to ground our discussion and create realistic scenariosfor entrepreneurs and their stakeholders. In so doing, we present an important potential limitation of the Golden Rule in practice and suggest how entrepreneurs might reconcile it. Ultimately, we believe that if entrepreneurs were to reflect upon their particular situation, they would have good reasons to choose to employ the Golden Rule as a part of their overall strategy for moral and economic success. (shrink)

Over two hundred years ago, Thomas Jefferson suggested the need for a broader legal curriculum. As the twenty-first century begins, the practice of law will increasingly demand interdisciplinary knowledge and collaboration — between those trained in law and a broad range of scientific and technical fields, including engineering, biology, genetics, ethics, and the social sciences. The practice of public health law provides a model for both the substantive integration of law with science, and for the way its practitioners work. In (...) addition, public health law also provides a model for interdisciphuy and integrative teaching. (shrink)

Over two hundred years ago, Thomas Jefferson suggested the need for a broader legal curriculum. As the twenty-first century begins, the practice of law will increasingly demand interdisciplinary knowledge and collaboration — between those trained in law and a broad range of scientific and technical fields, including engineering, biology, genetics, ethics, and the social sciences. The practice of public health law provides a model for both the substantive integration of law with science, and for the way its practitioners work. In (...) addition, public health law also provides a model for interdisciphuy and integrative teaching. (shrink)

The rise of the phenomenon of virtue ethics in recent years has increased at a rapid pace. Such an explosion carries with it a number of great possibilities, as well as risks. This volume has been written to contribute a multi-faceted perspective to the current conversation about virtue. Among many other thought-provoking questions, the collection addresses the following: What are the virtues, and how are they enumerated? What are the internal problems among ethicists, and what are the objections and replies (...) to contemporary virtue ethics? Additionally, the practical implications following from the answers to these questions are discussed in new and fascinating research. Fundamental concepts such as teleology and eudaimonism are addressed from both a historical and dialectical approach. This tome will contribute not only to providing further clarity to the current horizons in virtue ethics, but also to the practical conclusion following from the study: to challenge the reader toward a greater pursuit of the virtuous life. (shrink)

Article III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the Dutch (...) period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

There has been a flood of scholarship over the years on whether there is a “right to privacy” in the Constitution of the United States.Griswold v. Connecticut(1965) was, of course, the Supreme Court decision that opened the floodgates to this river of commentary. A subject search for “privacy, right of” in the College of William and Mary's on-line library catalog located 360 book titles. A perusal of the leading law review bibliographic indices turned up still more. Whether the Constitution contains (...) some sort of “right to be let alone” is plainly one of the central questions of contemporary constitutional discourse. (shrink)

The ultimate challenge for psychology as a human science inheres in accessing the experience of the other. In general, the field of psychology has perpetuated the epistemological dualism of distinguishing between the realm accessible by external perception and the realm accessible by inner perception, and hence between the subjective and the objective , regarding the "first person" perspective as a legitimate means of access only to one's own private experience, while insisting that all others' experience must be observed from a (...) neutral "third person" perspective. By reflecting on his participant-observational encounters with the animal other of the Bonobo, the author attempts to demonstrate in this paper the possibility of a third approach between the antinomy of methodological subjectivism and methodological objectivism as a way out of the dilemmas posed by epistemological dualism. The alternative proposed is the "second person" framework of observation, which, by invoking empathic seeing as its means of accessing the private space of the other and creating the space of the "in between", allows for intersubjective engagement in an experiential gestalt consisting of "myself and the other", and offers the possibility of testing one's ‘own' experience of an intersubjective moment in dialogue with the other. In so far as it infers the focusing of consciousness on embodied experience and expression, and the synthesis of receptive and proprioceptive consciousness in "experiaction" , the "second person" perspective restores inner reality to the realm of the observable, and thus reclaims observation as the method of psychology, and behaviour as its subject matter. The notion of empathy and intuition as a reliable and valid mode of access to the psychological life of others is substantiated theoretically with reference to inter alia Husserl's concepts of "coupling" and "co-constitution", Merleau-Ponty's notions of "inter-corporeality" or "carnal intersubjectivity" and of "the intertwining and the chiasm" of the "Ineinander" as constitutive of the "flesh of the world", Laing's postulation of the possibility of "interexperience", and the sense of union with the object of perception implied by Scheler's term "Einsfühlung" as the essence of intersubjective encounter. (shrink)

This article examines the thoughts and works of Catholic philosopher Jacques Maritain and evangelical philosopher Norman Geisler in light of their understanding of Thomas Aquinas’s view of faith and reason.

Richard Thaler and Cass Sunstein, in Nudge: Improving Decisions About Health, Wealth, and Happiness, assert that rejecting the use nudges is ‘pointless’ because ‘[i]n many cases, some kind of nudge is inevitable’. Schlomo Cohen makes a similar claim. He asserts that in certain situations surgeons cannot avoid nudging patients either toward or away from consenting to surgical interventions. Cohen concludes that in these situations, nudging patients toward consenting to surgical interventions is uncriticizable or morally permissible. I call this argument: The (...) Unavoidability Argument. In this essay, I will respond to Cohen's use of the unavoidability argument in support of using nudges during the process of informed consent. Specifically, I argue that many so-called ‘unavoidable nudges’ are, in fact, avoidable. Although my argument is directed toward Cohen's use of the unavoidability argument, it is applicable to the unavoidability argument more generally. (shrink)

In this essay I discuss a novel engineering ethics class that has the potential to significantly decrease the likelihood that students will inadvertently or unintentionally act unethically in the future. This class is different from standard engineering ethics classes in that it focuses on the issue of why people act unethically and how students can avoid a variety of hurdles to ethical behavior. I do not deny that it is important for students to develop cogent moral reasoning and ethical decision-making (...) as taught in traditional college-level ethics classes, but as an educator, I aim to help students apply moral reasoning in specific, real-life situations so they are able to make ethical decisions and act ethically in their academic careers and after they graduate. Research in moral psychology provides evidence that many seemingly irrelevant situational factors affect the moral judgment of most moral agents and frequently lead agents to unintentionally or inadvertently act wrongly. I argue that, in addition to teaching college students moral reasoning and ethical decision-making, it is important to: 1. Teach students about psychological and situational factors that affect people’s ethical judgments/behaviors in the sometimes stressful, emotion-laden environment of the workplace; 2. Guide students to engage in critical reflection about the sorts of situations they personally might find ethically challenging before they encounter those situations; and 3. Provide students with strategies to help them avoid future unethical behavior when they encounter these situations in school and in the workplace. (shrink)

This essay strives to bring together the institutional history of phenomenological psychology within the American academy from the middle of the 20th century to the current moment. Although phenomenological psychology has always been a dynamically international and interdisciplinary movement, the scope of this essay is limited to the different ways in which this new field expressed itself in certain psychology departments and educational institutions across the United States. After presenting this institutional history, and some individual contributors, a brief commentary is (...) offered. (shrink)

In this essay, I suggest that a slightly modified version of Freedman’s formulation of the clinical equipoise requirement is justified. I begin this essay with a brief discussion of the equipoise r...

Freedom of speech long has been regarded as one of the “preferred freedoms” in the United States: one of the freedoms the U.S. Supreme Court deems “implicit in the concept of ordered liberty.” However, what freedom of speech does—and should—mean is a highly charged question in American constitutional law. I will explore this question by examining how several prominent constitutional theorists have proposed particular approaches to free speech law in order to further their political objectives. I will examine the free (...) speech theories of the nation's leading feminist legal theorist , critical race theorists , libertarian , and legal republican . I also will discuss the principal criticisms of each of these theories, whether the courts have been influenced by any of them, and, in conclusion, whether it is possible to advance a nonpolitical theory of free speech. (shrink)

No one who attended the 2010 national public health law conference hosted by the Public Health Law Association and the American Society of Law, Medicine & Ethics could miss the sense of excitement and momentum. The revival of this annual public health law meeting, with the support of the Robert Wood Johnson Foundation, the energetic leadership of the PHLA president and board, ASLME’s expert guidance, and a rousing address by Dr. Tom Frieden, Director of the Centers for Disease Control and (...) Prevention, symbolize the continued commitment of a wide range of important individuals and institutions to the proposition that law is of substantial importance to public health. But there is more than just symbolism to be excited about. CDC’s public health law program continues to champion efforts to promote the use and understanding of law as a public health tool. (shrink)

No one who attended the 2010 national public health law conference hosted by the Public Health Law Association and the American Society of Law, Medicine & Ethics could miss the sense of excitement and momentum. The revival of this annual public health law meeting, with the support of the Robert Wood Johnson Foundation, the energetic leadership of the PHLA president and board, ASLME’s expert guidance, and a rousing address by Dr. Tom Frieden, Director of the Centers for Disease Control and (...) Prevention, symbolize the continued commitment of a wide range of important individuals and institutions to the proposition that law is of substantial importance to public health. But there is more than just symbolism to be excited about. CDC’s public health law program continues to champion efforts to promote the use and understanding of law as a public health tool. (shrink)

Traditional just war doctrine holds that political leaders are morally responsible for the decision to initiate war, while individual soldiers should be judged solely by their conduct in war. According to this view, soldiers fighting in an unjust war of aggression and soldiers on the opposing side seeking to defend their country are morally equal as long as each obeys the rules of combat. Revisionist scholars, however, maintain that soldiers who fight for an unjust cause bear at least some responsibility (...) for advancing an immoral end, even if they otherwise fight ethically. This article examines the attitudes of the American public regarding the moral equality of combatants. Utilizing an original survey experiment, we find that the public's moral reasoning is generally more consistent with that of the revisionists than with traditional just war theory. Americans in our study judged soldiers who participate in unjust wars as less ethical than soldiers in just wars, even when their battlefield conduct is identical, and a large proportion supported harsh punishments for soldiers simply for participating in unjust wars. We also find, however, that much of the American public is willing to extend the moral license of just cause significantly further than revisionist scholars advocate: half of the Americans in our survey were willing to allow an unambiguous war crime—a massacre of innocent women and children—to go unpunished when the act was committed by soldiers fighting for a just cause. Our findings suggest that incorporation of revisionist principles into the laws of war would reinforce dangerous moral intuitions encouraging the killing of civilians. (shrink)

Variability in the emotion regulation (ER) strategies one uses throughout daily life has been suggested to reflect adaptive ER ability and to act as a protective factor in mental health. Moreover, psychological inflexibility and persistent negative affect (or affective inertia) are key features of depression and other forms of mental illness and are often further exacerbated by rigid or overly passive regulatory behaviours. The current study investigated the hypothesis that ER variability might serve as a protective factor against depressive symptoms (...) and affective inertia. Using experience-sampling (N = 213), we tested whether two indictors of ER variability (between- and within-strategy SDs) were related to depressive symptoms and affective inertia. We found that people with higher between-strategy variability and within-strategy variability (specifically for reappraisal and distraction) reported fewer depressive symptoms. Both within- and between-strategy variability were negatively related to negative affective inertia. Between-strategy variability and negative affective inertia had unique effects on depression, when used as simultaneous predictors. Altogether, this study provides further evidence for the utility of ER as a factor buffering against depressive symptoms and particularly for the use of variable ER strategies. (shrink)

Reviews the special issue of The Humanistic Psychologist, Psychotherapy for freedom: The daseinsanalytic way in psychology and psychotherapy edited by Erik Craig . The editor brings together a uniquely developed collection of essays, seminars, and interviews delving into foundational as well as clinically-oriented issues regarding the application of Martin Heidegger's philosophy to the fields of psychiatry and psychotherapy. Craig's edition exhibits a cohesiveness not often found in edited volumes, and it manages to be inspiring to the more advanced reader while (...) remaining accessible to the introductory student. 2012 APA, all rights reserved). (shrink)

Explores both the place and displacement of humanistic psychology within institutional contexts ranging from private liberal arts colleges to professional organizations like the American Psychological Association. First, from the perspective of social constructionism, we present the function and marginalization of humanistic psychologists within American academic psychology. Next we consider, from the perspective of A. Schutz's social phenomenology, humanistic psychology's place within academic psychology as "the stranger," both in terms of the fundamental incongruence of "traditional" versus "humanistic" psychological relevance systems and (...) the resulting breakdown of the "interchangeability of standpoints" that normally allows for contemporaries to communicate. The specific nature of these conflicts is then elaborated with reference to M. Heidegger's analysis of the concept of time. 2012 APA, all rights reserved). (shrink)

With the publication of the final report of the WHO Commission on the Social Determinants of Health, it becomes clear that there is considerable convergence between a policy agenda rooted on social epidemiology and one rooted in a concern for human rights. As commentators like Jonathan Mann have argued, concern for human rights and the achievement of social justice can inform and improve public health. In this article, we ask a different question: what does a health perspective adds to the (...) enduring fight for a more just world? We consider three possibilities: (1) that public health, in an inversion of Mann's argument, actually provides useful tools for specifying social injustice; (2) that, contrary to the usual critical stance and assumption of weakness, the institutions of public health bring powerful capacities to the practical promotion of social justice; and (3) that health as a banner mobilizes people who would not be mobilized to act in the name of social justice. (shrink)