This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

A theory can be an explanation of a piece of the world. A theory of law is intended to be an explanation of that phenomenon of social communication which we call Law. But, Raffaele De Giorgi, perhaps the person responsible for the introduction of luhmannian theory in Argentina, (jointly with Torres Nafarrate in Mexico in translating Luhmann’s work to Spanish), asked: What is a theory of society? What is the “Law of society”? And answered: Can we discuss this?, hands managed (...) by hands, nothing different from a prostheses. According to De Giorgi we are sure that the themes that we use as objects or objects that we use as themes, are our construction, we think that we turn around ourselves, while we continue rotating around the vacuum. It is a paradox, or another paradox: ¿Is it possible to get out or get rid of these paradoxes? Logic does not help us. Logic, according to Luhmann, can only see to the fact that some expressions, with unavailable truths, are in contradiction with other expressions, the problem cannot be resolved us- ing logical operations. With the help of Gegenparadoxierungen (against-par- adox), systemic therapy is the alternative where the problem can be toler- ated. And, according to Luhmann, the placement of the paradox should be conducted in a more or less skilled, successful, or useful way to break the logjam.A creative use of paradoxes, especially legal ones, allows us to observe how Luhmann’s theory has impacted existing theories in ArgentinaThemes such as the paradoxality of law, or its being without foundation (and without beginning, the vacuity of their principles and the opacity of its distinctions and operations), filtered theories (like Carlos Cárcova or Ernesto Grün) and jurisprudential practices have started shifting things to what Bielefeld Professor has called “old European”Resumen:Una teoría puede ser una explicación de un sector del mundo. Una teoría del derecho pretende ser una explicación de ese fenómeno de comunicación social que llamamos derecho. Pero, Raffaele De Giorgi, tal vez uno de los máximos responsables de la introducción de la teoría de la luhmanniana en la Argentina (junto a Javier Torres Nafarrate de México, a través de su traducción de las obras de Luhmann al español), pregunta:¿Qué es una teoría de la sociedad? ¿Qué es el “Derecho de la sociedad”? y responde: es que podemos discutir esto?, manos que son manejadas por manos, nada diferente de una prótesis. Y agrega: estamos seguros de que los temas que usamos como objetos o los objetos que utilizamos como temas, son nuestra construcción, pensamos que nos volvemos sobre nosotros mismos, mientras continuamos girando alrededor del vacío.Es una paradoja, u otra paradoja. ¿Es posible salir, deshacerse de estas paradojas? La lógica no nos ayuda. La lógica dice Luhmann, sólo puede ver el hecho de que algunas expresiones, cuya verdad no está disponible, entran en contradicción con otras expresiones, para las cuales vale decir la misma cosa. Usando operaciones lógicas, el problema no puede ser resuelto. Como terapia sistémica la única que podemos ver, con el auxilio de la Gegenparadoxierungen (“contra-paradoja”), es un lugar menos doloroso en el que puede tolerarse el problema. Y recordó que, en cierto sentido, la colocación de la paradoja se realizará con más o menos éxito, esto es: de manera útil para desbloquear la situación.Y es el uso creativo de paradojas, especialmente uno que se hizo por el Derecho, el que nos permite observar cómo su teoría (la de Luhmann) se ha comenzado a reciclar en las teorías existentes en Argentina. Temas como el problema de la paradojalidad del Derecho, de su ser sin fundamentos y sin comienzo, de la vacuidad de sus principios y la opacidad de sus operaciones y distinciones, se filtran teorías (como las de Carlos Cárcova o Ernesto Grün) y prácticas de la jurisprudencia y puede verse que ha comenzado a remover ese tipo de pensamiento que el profesor de Bielefeld había llamado “vétero europeo”. (shrink)

Plagiarism strikes at the heart of academe, eroding the fundamental value of academic research. Recent evidence suggests that acts of plagiarism and awareness of these acts are on the rise in academia. To address this issue, a vein of research has emerged in recent years exploring plagiarism as an area of academic inquiry. In this new academic subject, case studies and analysis have been one of the most influential methodologies employed. Case studies provide a venue where acts of plagiarism can (...) be discussed and analyzed in a constructive manner, and that is the primary purpose of this article. Unlike previous studies, however, we focus on the role of the publisher, a key player in dealing with acts of plagiarism, but one who has received little attention in the academic literature. Specifically, we examine how an academic publisher addressed allegations of plagiarism and how the publisher’s decision-making affected the outcome. We analyze the case by applying the guidelines from different frameworks and ethical theory and develop recommendations from the lessons evidenced, the second main objective of our article. This analysis advances the dialog on academic plagiarism by exploring the role of the publisher from a deontological perspective of ethical absolutism. (shrink)

The emergence of the global administrative sector and its new forms of knowledge production, expert rationality, and standardization, remains an understudied topic in science studies. Using a coproductionist theoretical framework, we argue tha the mutual construction of epistemic and legal authority across international organizations has been critical for constituting and stabilizing a global regime for the regulation of food safety. The authors demonstrate how this process has also given rise to an authoritative framework for risk analysis touted as ‘‘scientifically rigorous’’ (...) but embodying particular value choices regarding health, environment, and the dispensation of regulatory power. Finally, the authors trace how enrollment of the Codex Alimentarius in World Trade Law has heightened institutional dilemmas around legitimacy and credibility in science advice at the global level. Taken together, the case illustrates the importance of attending to the iterative construction of law and science in the constitution of new global administrative regimes. (shrink)

The research described here contributes to the extant empirical research on business ethics education by examining outcomes drawn from the literature on positive organizational scholarship (POS). The general research question explored is whether a course on ethical decision-making in business could positively influence students’ confidence in their abilities to handle ethical problems at work (i.e., moral efficacy), boost the relative importance of ethics in their work lives (i.e., moral meaningfulness), and encourage them to be more courageous in raising ethical problems (...) at work even if it is unpopular (i.e., moral courage). Specifically, the study used a rigorous quasi-experimental pretest–posttest research design with a treatment (N = 30) and control group (N = 30) to investigate whether a graduate-level course in business ethics could influence students’ levels of moral efficacy, meaningfulness, and courage. Findings revealed that participants in the business ethics treatment course experienced significant positive increases in each of the three outcome variables as compared to the control group. The largest increase was in moral efficacy, followed by moral courage, and finally, moral meaningfulness. These findings are discussed in the context of the current research on business ethics education and POS. Implications for future research are discussed. (shrink)

An intense debate is currently underway in the Pacific Northwest over whether remnant old-growth forests should be preserved or harvested. Old-growth forests can be viewed (1) as objects used instrumentally to serve human welfare or (2) as entities that possess value in themselves and are thus worthy of moral consideration. I compare the instrumental view suggested by economic analysis with the biocentric and ecocentric alternatives and suggest a reconciliation of these approaches in the context of old-growth preservation.

Bioethics, Volume 36, Issue 3, Page 313-317, March 2022.

If valuation processes are dualistic in the sense that ethical values are given priority over instrumental values, and if old-growth forests are considered to be valuable in their own right, then the cost-benefits approach to valuing old growth is inappropriate. If this is the case, then ethical standards must be used to determine whether preservation is the correct policy when human material needs and ecosystem preservation are in conflict. Such a standard is suggested and evaluated in the context of the (...) policy debate over the preservation of spotted owl habitat in the Pacific Northwest region of the U.S. (shrink)

Over last half of the twentieth century, a silent revolution in post-material values made significant advances around the world. The formation of post-material values also resulted in expanded participation in post-material experiences such as joining voluntary groups, pursuing creativity and independence in the world of work, and engaging in political actions—experiences that go beyond a strict focus on accumulating economic wealth and material possessions. Because social class position matters for being a post-materialist, a class divide exists between middle-class post-materialists and (...) working-class materialists who occupy the lower end of the social class spectrum. This article will show that such a divide occurs, first for participation in post-material experiences and second for the attainment of life satisfaction. Using data from the World Values Survey, evidence will be provided in this article showing that members of the working class participate less in post-material experiences than others and, as a consequence, enjoy lower life satisfaction than others, especially post-materialists. In light of working-class-supported right-wing populism’s recent emergence in the USA and Europe, this social class divide takes on a special significance in explaining shifting trends in politics and public policy. (shrink)

Complex organisms thwart the simple rectilinear causality paradigm of “necessary and sufficient,” with its experimental strategy of “knock down and overexpress.” This Essay organizes the eccentricities of biology into four categories that call for new mathematical approaches; recaps for the biologist the philosopher's recent refinements to the causation concept and the mathematician's computational tools that handle some but not all of the biological eccentricities; and describes overlooked insights that make causal properties of physical hierarchies such as emergence and downward causation (...) straightforward. Reviewing and extrapolating from similar situations in physics, it is suggested that new mathematical tools for causation analysis incorporating feedback, signal cancellation, nonlinear dependencies, physical hierarchies, and fixed constraints rather than instigative changes will reveal unconventional biological behaviors. These include “eigenisms,” organisms that are limited to quantized states; trajectories that steer a system such as an evolving species toward optimal states; and medical control via distributed “sheets” rather than single control points. (shrink)

Complex organisms thwart the simple rectilinear causality paradigm of “necessary and sufficient,” with its experimental strategy of “knock down and overexpress.” This Essay organizes the eccentricities of biology into four categories that call for new mathematical approaches; recaps for the biologist the philosopher's recent refinements to the causation concept and the mathematician's computational tools that handle some but not all of the biological eccentricities; and describes overlooked insights that make causal properties of physical hierarchies such as emergence and downward causation (...) straightforward. Reviewing and extrapolating from similar situations in physics, it is suggested that new mathematical tools for causation analysis incorporating feedback, signal cancellation, nonlinear dependencies, physical hierarchies, and fixed constraints rather than instigative changes will reveal unconventional biological behaviors. These include “eigenisms,” organisms that are limited to quantized states; trajectories that steer a system such as an evolving species toward optimal states; and medical control via distributed “sheets” rather than single control points. (shrink)

We assert that audit quality can be improved to the extent that social norms for honesty and responsibility are activated in the auditor. To test this assertion, we use an experimental audit market setting found in the literature and manipulate factors expected to activate honesty and responsibility norms in the auditor. We find that auditor misreporting is reduced when the investor is another participant in the experiment rather than computer simulated, and thus, the interests of third-party investors are salient to (...) the auditor. We also find that auditor misreporting is reduced when the auditor is required to sign-off on the audit report, but only when the investor is another participant in the experiment. Consistent with our underlying theory, we find that pre-experimental measures of sensitivity to honesty and responsibility norms help explain the effects of our manipulated variables. Finally, we find that these measures of social norm sensitivity are associated with the moral judgment that auditor misreporting is unethical. Our study helps explain previous anomalous findings in the literature and answers the call in Blay et al. (J Bus Ethics 2017. doi:10.1007/s10551-016-3286-4) for empirical researchers to use social norm theory to develop stronger tests of moral reasoning in the market for auditing services. (shrink)

Although prediction has been largely absent from discussions of explanation for the past 40 years, theories of explanation can gain much from a reintroduction. I review the history that divorced prediction from explanation, examine the proliferation of models of explanation that followed, and argue that accounts of explanation have been impoverished by the neglect of prediction. Instead of a revival of the symmetry thesis, I suggest that explanation should be understood as a cognitive tool that assists us in generating new (...) predictions. This view of explanation and prediction clarifies what makes an explanation scientific and why inference to the best explanation makes sense in science. *Received August 2009; revised September 2009. †To contact the author, please write to: Department of Philosophy, University of Tennessee, 801 McClung Tower, Knoxville, TN 37920‐0480; e‐mail: [email protected]. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Disability Embodied: Narrative Exploration of the Lives of Two Brothers Living with Traumatic Brain InjuryDouglas E. KiddAny discussion of personal experiences with disability, inevitably lead me to recall the experiences of my brother, Richard Kidd. An examination of our journeys clearly illustrates the term disability. More so, our stories reveal the outcome of severe physical impairment dictates the limits of personal agency and autonomy. Perhaps an obvious conclusion, but (...) exploration of our experience is useful as we provide living testimony to eventualities that could similarly occur to others. In order to provide context for discussion of our disabilities, I will briefly recall how we acquired our traumatic brain injuries (TBI), as well as how our brain injuries are expressed. The article will demonstrate that due to the severity of the brain damage he acquired, Richard is entirely subject to the whim of the society he encounters, and thus disabled. The article will also discuss how the disabling attitudes I have encountered sought to diminish my humanity.Richard KiddRichard’s descent into impairment began in the early evening hours of December 31, 1987. As a pedestrian, Richard attempted to cross a street in Indianapolis, when a car without using headlights, slammed into him. In addition, the driver fled the scene of the accident. After stabilizing from the initial trauma—multiple compound fractures to both legs and severe brain injury—Richard spent approximately ten months in coma. After emerging from coma, Richard underwent months of therapy. Albeit with consistent direction from others, therapy enhanced Richard’s ability to hold a cup and use a spoon. These were significant victories for Richard and signaled the beginning of his recovery. However, within two years of his accident, monies ended for rehabilitation and Richard entered into custodial care at his first nursing facility. As time passed, his daily interactions with poorly supervised, unskilled, and underpaid nursing facility employees with little time to work with Richard meant it was more cost efficient for staff to simply spoon–feed Richard. Consequently, Richard lost the ability to participate in an aspect of his self–care. Richard’s humanity took years to gradually erode, but due to the severity of his impairments, he became viewed by those he encountered as an object of treatment, or reservoir of pain and pity, rather than an individual worthy of respect. Accordingly, [End Page 199] Richard became viewed as other. Thus began Richard’s descent into disability.A complete lack of dental care for decades provides a good example of Richard’s treatment as other. Richard’s experience also demonstrates that desensitized members of the medical, dental, and long–term care professions sometimes precipitate grave circumstances. The combination of an inattention to his needs and his limited ability to participate with his self–care meant that Richard typically went without dental treatment. His quality of life diminished further when aides at a nursing facility dropped him. During the fall, Richard’s face smashed into the floor and several teeth were shattered. More than a decade passed before Richard finally received follow–up dental treatment—that day nearly cost him his life. Due to prolonged neglect, all of Richard’s teeth required extraction. I do not question the dental surgeon’s assessment of Richard’s teeth. I am certain that all of his teeth needed to be removed; but Richard’s sedentary lifestyle meant that he had limited ability to cope with the trauma associated with having 24 teeth removed in one session. I feel certain the dental surgeon assumed Richard was like most other patients and could handle the stress associated with the procedures. However, Richard could not cope with trauma and blood loss the extractions produced. What is worse than the dental surgeon’s assessment of Richard’s ability to withstand surgery is the post–op personnel decision to discharge him to home, shortly after surgery. The nursing facility was ill–equipped to cope with the extent of the blood loss that ensued and soon Richard began to aspirate on his own blood. Accordingly, Richard was sent to the hospital where he proceeded to slip into coma. Richard remained in a coma for approximately four days and in hospital... (shrink)

African traditional religion is a highly non-dogmatic spiritual lifestyle that is practiced by millions of people around the world. Some African scholars argue that it is related to the religion practiced by the African Egyptians during the Dynastic Period. This study examines the nature of African traditional religion in an effort to determine the common attributes of the religion of the continent. In fact, the focal point of this study is the West African religious experience. To make this examination, the (...) study used an intertextual, soteriological analysis of African traditional religion by isolating key elements in the Yoruba, Dagara, and Ibo cultures. Specifically, this project determined that enough intertextual relations existed in oral and written literatures of the West African people to define a particular and common response to the environment. ;Principal elements isolated included sacrifice, salvation and culture, modes of revelation, divination, and African resilience in the face of invasions, colonization, and various outside religious assaults. The soteriological value of Yoruba, Dagara, and Ibo cultures, particularly as it relates to cosmology, symbolism, and ritual, was found to be the fundamental basis for the African traditional religious moral system. (shrink)

This paper presents an alternative view for understanding abduction as "inference to the best explanation", than can account from the simplest perception to the introduction of any new ideas. Subsequently the view offered is applied to medical practice and some consequences are extracted for it. The discussion is considered in the context of Peirce's theories of men classification, fixation of belief and inquiry.