This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...) Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government-one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law , addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS. (shrink)

This chapter considers some of the philosophical writings of Alice Ambrose (1906–2001) and Margaret MacDonald (1903–1956), particularly in relation to their responses to Russell’s work. It argues that both need to be recovered and reconsidered as significant philosophers in their own right, who have important contributions to make to the familiar problems posed by ordinary language in relation to philosophy. Ambrose worked mainly in mathematics and symbolic logic and her earliest publications drew a critical response from Russell himself. Responding in (...) turn to the work of Russell, among others, she went on to bring clarity to the various ways in which ordinary language featured in contemporary philosophical discussion, and identified the centrality of ‘linguistic innovation’ to much philosophical practice. MacDonald found much to agree with in Russell’s work on analysis, but she, too, was troubled by his dismissive attitude to ordinary language. She argued that many philosophical problems can be solved by understanding how language is ordinarily used, and published her case before more celebrated ‘ordinary language philosophers’, most notably J. L. Austin. She also set out ideas and terminology which were later to be associated with Austin’s speech act theory in her contributions to ethics and aesthetics. Both Ambrose and MacDonald contributed to and extended the application of the study of ordinary language in analytic philosophy in ways which deserve to be recovered and to be subjected to further philosophical scrutiny. (shrink)

In the autumn of 1959, Arne Naess and J. L. Austin, both pioneers of empirical study in the philosophy of language, discussed their points of agreement and disagreement at a meeting in Oslo. This article considers the fragmentary record that has survived of that meeting, and investigates what light it can shed on the question of why the two philosophers apparently found so little common ground, given their shared commitment to the importance of data in the study of language. Naess (...) and Austin held different views about two significant aspects of the relationship between scientific method and philosophical investigation. The first aspect concerns the nature of experimental data; Naess used the statistical analysis of data collected from non-philosophical informants while Austin advocated deliberation leading to agreement over usage by a few skilled experts. The second aspect relates to their respective attitudes to the role of theory in philosophical inquiry, attitudes which drew on discussions of scientific method, and its relevance to philosophy, from the early decades of the twentieth century. This article traces the evidence for these views on scientific method in Naess’s and Austin’s respective published work, and in the record of their Oslo meeting. It concludes with a brief overview of opinions about scientific method manifest in the decades since that meeting in various branches of linguistics. These opinions speak to the enduring importance of attitudes to scientific method in relation to our study and understanding of human language. (shrink)

This book compares attitudes to empiricism in language study from mid-twentieth century philosophy of language and from present-day linguistics. It focuses on responses to the logical positivism of the Vienna Circle, particularly in the work of British philosopher J. L. Austin and the much less well-known work of Norwegian philosopher Arne Naess.

Studies in philosophy: I. Tufts, J.H. On moral evolution. II. Willcos, W.F. The expansion of Europe in its influence upon population. III. Woods, R.A. Democracy a new unfolding of human power. IV. Sharp, F.C. An analysis of the moral judgment. V. Woodbridge, F.J.E. The problem of consciousness. VI. Norton, E.L. The intellectual element in music. VII. Raub, W.L. Pragmatism and Kantianism. VIII. Lyman, E.W. The influence of pragmatism upon the status of theology.--Studies in psychology: IX. Delabarre, E.B. Influence of surrounding (...) objects on the apparent direction of a line. X. Swift, E.J. Beginning a language; a contribution to the psychology of learning. XI. Pierce, A.H. An appeal from the prevailing doctrine of a detached subconsciousness. XII. Woodworth, R.S. The cause of a voluntary movement. XIII. Burnett, C.T. An experimental test of the classical theory of volition. (shrink)

People who believe they have greater efficacy to address climate change are more likely to engage in pro-environmental behaviour. To confront the climate crisis, it will therefore be essential to understand the processes through which climate change efficacy is promoted. Some interventions in the literature assume that efficacy emerges from analytic reasoning processes: that it is deliberative, verbal, conscious, and influenced by information and education. In the current paper, we critique this notion. We review evidence showing that climate change efficacy (...) perceptions are (a) associated with climate-related distress and threat, (b) prescribed by social norms, (c) associated with social desirability and identity-expressive concerns, (d) surprisingly difficult to change through explicit, verbal instruction, but (e) responsive to imagery. We conclude by examining applied implications of these five propositions and discuss why non-analytic processes might (ironically) be beneficial for sustaining green activism. (shrink)

Vaesen asks whether goal maintenance and planning ahead are critical for innovative tool use. We suggest that these aptitudes may have an evolutionary foundation in motor planning abilities that span all primate species. Anticipatory effects evidenced in the reaching behaviors of lemurs, tamarins, and rhesus monkeys similarly bear on the evolutionary origins of foresight as it pertains to tool use.

We tested whether the impact of an organizational transgression on consumer sentiment differs depending on whether the organization is a nonprofit. Competing hypotheses were tested: that people expect higher ethical standards from a nonprofit than a commercial organization, and so having this expectation violated generates a harsher response and that a nonprofit’s reputation as a moral entity buffers it against the negative consequences of transgressions. In three experiments participants were told that an organization had engaged in fraud, exploitation of women, (...) or unethical labor practices. Consistent with the moral disillusionment hypothesis, decreases in consumer trust post-transgression were greater when the organization was described as nonprofit, an effect that was mediated by expectancy violations. This drop in trust then flowed through to consumer intentions and consumer word of mouth intentions. No support was found for the moral insurance hypothesis. Results confirm that nonprofits are penalized more harshly than commercial organizations when they breach consumer trust. (shrink)

Recent policy developments in the area of livestock husbandry have suggested that, from the perspective of optimizing animal welfare, new animal husbandry systems should be developed that provide opportunities for livestock animals to be raised in environments where they are permitted to engage in “natural behavior.” It is not known whether consumers regard animal husbandry issues as important, and whether they differentiate between animal husbandry and other animal welfare issues. The responsibility for the development of such systems is allocated jointly (...) between farmers, regulators, different actors in the food chain, and consumers. This research focuses on understanding consumer attitudes and preferences regarding the development and introduction of such systems, to ensure that they are acceptable to consumers as well as producers, regulators, and scientists. Consumer perceptions of animal welfare and animal husbandry practices were evaluated using quantitative consumer survey, which focused on two animal husbandry issues – farmed pigs and farmed fish. Following pilot work, 1000 representative Dutch consumers were sampled about their attitudes to either pig or fish husbandry. The results indicated that consumers think about animal welfare in terms of two broad categories related to their health and living environment, but do not think about welfare issues at a more detailed level. Greater concern was expressed about the welfare of pigs compared to fish. Consumer trust in labeling also emerged as an important issue, since consumers need to trust different food chain actors with responsibility for promoting animal welfare, and are reluctant to consider the details of animal husbandry systems. As a consequence, a transparent, enforceable, and traceable monitoring system for animal welfare friendly products is likely to be important for consumers. (shrink)

In Wrong Medicine, Lawrence J. Schneiderman, M.D., and Nancy S. Jecker, Ph.D., address issues that have occupied the media and the courts since the time of Karen Ann Quinlan. The authors examine the ethics of cases in which medical treatment is offered--or mandated--even if a patient lacks the capacity to appreciate its benefit or if the treatment will still leave a patient totally dependent on intensive medical care. In exploring these timely issues Schneiderman and Jecker reexamine the doctor-patient relationship and (...) call for a restoration of common sense and reality to what we expect from medicine. They discuss economic, historical, and demographic factors that affect medical care and offer clear definitions of what constitutes futile medical treatment. And they address such topics as the limits on unwanted treatment, the shift from the "Age of Physician Paternalism" to the "Age of Patient Autonomy," health care rationing, and the adoption of new ethical standards. (shrink)

Recent policy developments in the area of livestock husbandry have suggested that, from the perspective of optimizing animal welfare, new animal husbandry systems should be developed that provide opportunities for livestock animals to be raised in environments where they are permitted to engage in “natural behavior.” It is not known whether consumers regard animal husbandry issues as important, and whether they differentiate between animal husbandry and other animal welfare issues. The responsibility for the development of such systems is allocated jointly (...) between farmers, regulators, different actors in the food chain, and consumers. This research focuses on understanding consumer attitudes and preferences regarding the development and introduction of such systems, to ensure that they are acceptable to consumers as well as producers, regulators, and scientists. Consumer perceptions of animal welfare and animal husbandry practices were evaluated using quantitative consumer survey, which focused on two animal husbandry issues – farmed pigs and farmed fish. Following pilot work, 1000 representative Dutch consumers were sampled about their attitudes to either pig or fish husbandry. The results indicated that consumers think about animal welfare in terms of two broad categories related to their health and living environment, but do not think about welfare issues at a more detailed level. Greater concern was expressed about the welfare of pigs compared to fish. Consumer trust in labeling also emerged as an important issue, since consumers need to trust different food chain actors with responsibility for promoting animal welfare, and are reluctant to consider the details of animal husbandry systems. As a consequence, a transparent, enforceable, and traceable monitoring system for animal welfare friendly products is likely to be important for consumers. (shrink)

The management of ethics within organisations typically occurs within a problem-solving frame of reference. This often results in a reactive, problem-based and externally induced approach to managing ethics. Although basing ethics management interventions on dealing with and preventing current and possible future unethical behaviour are often effective in that it ensures compliance with rules and regulations, the approach is not necessarily conducive to the creation of sustained ethical cultures. Nor does the approach afford (mainly internal) stakeholders the opportunity to be (...) co-designers of the organisation's ethical future. The aim of this paper is to present Appreciative Inquiry (AI) as an alternative approach for developing a shared meaning of ethics within an organisation with a view to embrace and entrench ethics, thereby creating a foundation for the development of an ethical culture over time. A descriptive case study based on an application of AI is used to illustrate the utility of AI as a way of thinking and doing to precede and complement problem-based ethics management systems and interventions. (shrink)

Health care services increasingly face patient populations with high levels of ethnic and cultural diversity. Cultures are associated with distinctive ways of life; concepts of personhood; value systems; and visions of the good that affect illness experience, help seeking, and clinical decision-making. Cultural differences may impede access to health care, accurate diagnosis, and effective treatment. The clinical encounter, therefore, must recognize relevant cultural differences, negotiate common ground in terms of problem definition and potential solutions, accommodate differences that are associated with (...) good clinical outcomes, and manage irresolvable differences. Clinical attention to and respect for cultural difference (a) can provide experiences of recognition that increase trust in and commitment to the institutions of the larger society, (b) can help sustain a cultural community through recognition of its distinct language, knowledge, values, and healing practices, and (c) to the extent that it is institutionalized, can contribute to building a pluralistic civil society. (shrink)