Karl Jaspers' phenomenology remains important today, not solely because of its continuing influence in some areas of psychiatry, but because, if fully understood, it can provide a method and set of concepts for making new progress in the science of psychopathology. In order to understand this method and set of concepts, it helps to recognize the significant influence that Edmund Husserl's early work, Logical investigations, exercised on Jaspers' formulation of them. We trace the Husserlian influence while clarifying the main components (...) of Jaspers' method. Jaspers adopted Husserl's notions of intuition, description, and presuppositionlessness, transforming them when necessary in order to serve the investigations of the psychopathologist. Jaspers also took over from Wilhelm Dilthey and others the tools of understanding (Verstehen) and self-transposal. The Diltheyian procedures were integrated into the Husserlian ones to produce a method that enables psychiatrists to define the basic kinds of psychopathological mental states. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 8.4 (2001) 327-329 [Access article in PDF] Husserlian Comments on Blankenburg's "Psychopathology of Common Sense" Osborne P. Wiggins, Michael Alan Schwartz, and Jean Naudin In this essay, Wolfgang Blankenburg sketches his influential view that some of the disturbances of schizophrenia in particular can be interpreted as a pathology of common sense. We think it important at the outset, however, to avoid possible (...) misunderstandings of Blankenburg's point. It is perhaps unfortunate that this point is expressed by use of the phrase, "common sense." As Blankenburg's own essay shows, even among the learned, "common sense" has no definite or univocal meaning. Therefore, it is entirely possible to find many people who, under some conception of "common sense," appear to lack common sense and yet should not be deemed schizophrenic. Consequently, it is probably best to avoid the ambiguous phrase "common sense" altogether and seek to comprehend Blankenburg's point in other terms. That is precisely what we shall attempt here. We do endorse Blankenburg's view. Moreover, we shall pursue his suggestions that a Husserlian phenomenology of our experience of the life-world may provide the basis for developing the kind of psychopathology he seeks. Our ultimate aim, however, is for this phrase "common sense" to vanish into the Husserlian phenomenology we offer, so that all the other meanings of common sense will not threaten Blankenburg's position with misunderstandings.Our comments must remain a mere sketch. Since, however, Husserl's phenomenology is not well known, we shall have to devote some time to outlining those features of it that we deem relevant here.For Husserl, every mental process is an awareness of something. In his terminology, it is "intentional." No mental process occurs in isolation, however. It rather occurs within a concatenation of many other mental processes. Some of these co-occurring mental processes intend the same object; they intend other aspects of the object. For example, a woman may be aware of the color of a dress she is considering wearing. Hence, one process in her mental life is (visually) aware of the brown color. But another process in her mental life may be intending it as a "party dress." And yet another process in her mental life may be (tactually) intending the texture of the cloth. Because all of these mental processes (and many others) intend the same object, namely, the dress, Husserl says that they are synthesized with one another. "Synthesis," then, connotes a multiplicity of mental processes united with one another through intending the same object.Now Husserl believed that it is because the many processes occurring in our mental lives [End Page 327] synthetically intend the many objects we encounter that we experience ourselves as inhabiting a world of objects. If these syntheses failed to occur, we would not experience the world or ourselves as parts of this world. These syntheses make it possible for us to experience objects and events as related to one another in the manifold spatial, causal, temporal, social, political, religious, and other relationships that we do in fact experience. Husserl thus contends that our mental lives "constitute" the world for us. Mental life can accordingly be viewed as "world-constituting." Mental life is thus the condition for the possibility of there being a world of objects for us, to modify Kant's phrase. Husserl thought his notion of world-constituting consciousness sufficiently similar to Kant's for him to appropriate the latter philosopher's concept of "transcendental." Husserl also then spoke of "transcendental consciousness" and the study of this consciousness as "transcendental philosophy."Husserl made many distinctions among kinds of mental processes and their correlative objects. We shall here explicate only one such distinction. Mental processes must be distinguished as those that are actively generated by an ego and those that are not produced by an ego. The latter kind of mental process occurs automatically or, as Husserl writes, "passively." Husserl calls the first kind of mental process "active." Having mentioned him, however, we should also briefly characterize the "ego... (shrink)

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Private law theory must confront the plurality of values that inform the problems that private law addresses in practice. We consider Hanoch Dagan’s and Michael Heller’s The Choice Theory of Contracts as a case-study in the promise and perils that embracing plural values poses for private law theory. We begin by arguing that private law theory cannot ignore value pluralism and identify three approaches that theory might take to pluralism. We call these approaches capitulating to, leveraging, and embracing value (...) pluralism. We illustrate each approach and assess its strengths and weaknesses. Theories that capitulate to pluralism simultaneously limit their scope and hamper their persuasiveness even within their restricted domains. Theories that leverage pluralism limit their domains more dramatically still. And theories that embrace pluralism are difficult to operationalize in practice without abandoning their pluralist roots. We briefly illustrate the drawbacks of capitulating to and leveraging pluralism with examples from recent contract theory. We then take up theories that embrace pluralism in greater detail, by studying Dagan and Heller’s approach. We argue that Dagan and Heller do not solve the deep problems that operationalizing their embrace of pluralism inevitably engenders. (shrink)

. This article argues that within the retail setting any aesthetic influence employed by the retailer is ultimately going to result in utilitarian outcomes for the clientele of that store. Indeed, that in pursuing such an aesthetic appeal, the retailer can be perceived as akin to an artist with his or her primary responsibility not to the larger society but to the store and the statement that it makes. This argument is re-inforced by the historical experience of department store operators (...) in pre-war Nazi Germany. The article also contemplates Alan Gewirth’s Theory of Justice, and argues that it is only applicable in a retail setting. (shrink)

In “The Choice Theory of Contracts,” we explain contractual freedom and celebrate the plurality of contract types. Here, we reply to critics by refining choice theory and showing how it fits and shapes what we term the “Contract Canon”. I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge with choice theory. (2) Nathan Oman argues for a commerce-enhancing account of autonomy. We counter that he arbitrarily slights noncommercial spheres central to human (...) interaction. (3) Yitzhak Benbaji suggests that choice theory’s commitment to autonomy is overly perfectionist. Happily, in response to Benbaji, we can cite with approval Charles Fried’s point that contract types are “enabling our liberties.” II. Choice. (4) Aditi Bagchi criticizes our inattention to impediments to choice. We show how choice theory’s commitments to both multiplicity and relational justice ameliorate these impediments. (5) Gregory Klass explores parol evidence to highlight the mechanisms of choice. We substantially concur with his position, and show how such mechanisms can ensure voluntariness, an essential element of choice. (6) Oren Bar-Gill and Clayton Gillette question the institutional capacity of existing legal actors to implement choice theory. Working from the example of cohabitation, we offer a somewhat more optimistic view. III. Contracts. (7) Peter Benson contends our focus on the rational slights the reasonable. Although we did not use this Rawlsian vocabulary, choice theory complies with its strictures — more so than transfer theory. (8) Daniel Markovits and Alan Schwartz claim provocatively that contract theory must: capitulate before pluralism (as they endorse); leverage it; or fall victim to a so-called “embracing” approach (their charge against us). We reject the charge that choice theory is foundationally value-pluralist. Instead, we cabin pluralism and put it to work. (9) The Contract Canon starts on the next big step for choice theory by explaining existing doctrine (rebutting Benson on lack of fit) and helping adjudicate contract practice (countering Markovits and Schwartz on the vices of our pluralism). Each Article in this Issue advances the field; each prompts us to refine choice theory — all steps, we hope, toward a more just and justified law of contract. (shrink)

This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that (...) supports it. (shrink)

First, this collection seeks to examine exactly what Levinass writings mean for both Jews and Christians. Second, it takes a snapshot of the current state of Jewish-Christian dialogue, using Levinas as the rationale for the discussion. Three generations of Levinas scholars are represented. Contributors: Leora Batnitzky, Jeffrey Bloechl, Richard A. Cohen, Paul Franks, Robert Gibbs, Kevin Hart, Dana Hollander, Robyn Horner, Jeffrey L. Kosky, Jean-Luc Marion, Michael Purcell, Michael A. Signer, Merold Westphal, Elliott R. Wolfson, Edith Wyschogrod.

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship of human injustice to (...) human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

Most philosophers agree that beliefs and perceptions represent the world to us and that a particular belief or perception is sometimes distinct from another particular belief or perception because what they represent is different; for example, one thing that distinguishes the belief that snow is white from the belief that grass is green is that the former represents snow while the latter represents grass. However, most philosophers of mind hold that a particular belief or perception is sometimes distinct from another (...) particular belief or perception because of how they represent. Indeed, though few philosophers explicitly recognize a distinction between what something represents and how it represents, the view that there is more to belief and perception than what they represent is about as close to philosophical orthodoxy as anything is. In this dissertation, I give a substantive account the relevant notion of representation and the distinction between what something represents and how it represents. I also bring out this hidden orthodoxy and argue that it is mistaken. Contrary to the orthodoxy, I defend the view that belief and perception present a single class of mental phenomena marked by their representational nature and that any mental difference between any two members of the class must be a difference in what they represent. (shrink)

The latest volume of Research in Ethical Issues in Organizations examines a range of contemporary issues in applied and professional ethics and explores the unique role of organizational ethics in creating and sustaining a pluralistic, free enterprise economy.

In this volume experienced educators discuss the task of teaching ethics to professionals, managers and others who are practically-minded; and expert contributors explore the nature of ethical survival in contemporary society and the range of organizations it encompasses.

The ethics of war and peace -- Levinas and business ethics in the 'War on terror' -- The ten commandments of working robots in organisations : from history to the future of robot ethics, legislation, and management -- Closing the gap between promises and outcomes : how moral frameworks contribute to the realisation of United Nations deployment objectives -- Visualising success : the wisdom of John Wooden -- Rushing fools and wise women : tales for organisations aiming to improve lives (...) -- Strong identification, weak ideology, organisational culture or all : unethical pro-organisational behaviour in India -- Forsaking the mean for the extreme : a response to Provis. (shrink)

Explores the philosophical dimensions and implications of integral theory. Dancing with Sophia is the first book of essays to focus on the philosophical dimensions and implications of integral theory. A metatheory that organizes first order theories and disciplines into higher order modes of knowing and insight needed to address the complexity of today’s world, integral theory has already impacted a wide range of disciplines, from psychology to business to religious studies to art. Included here are perspectives by scholars in the (...) continental, comparativist, and process traditions who dive into integral theory’s postmetaphysical claims in order to mine, extend, and critique its philosophical merits. On the verge of its own emergence, integral philosophy promotes modes of creative critical thought oriented toward the multidimensional flourishing of planetary well-being, and Dancing with Sophia will be of interest to scholars in philosophy; religious studies; transpersonal, developmental, and humanist psychology; and more. “Integral theory is a bold and provocative endeavor. It challenges one to think past the norm, to sail beyond the horizon and risk encountering the Scylla and Charybdis of what is academically acceptable—or at least familiar—and what is possible, in ways that only are now beginning to dawn on both thinking and dwelling. If it is nothing else, integral theory is the movement beyond the purely intellectual into the lived experience. This is its ‘meta-’ dimension properly understood.” — from the Foreword by Brian Schroeder. (shrink)

This volume includes works by authors from the global South and contributions about ethical issues in the global South, including the responses to famine in East Africa, India and Indonesia, and the applicability of international guidelines and ethical frameworks in South Africa.

This volume looks at the role of organizations in society, the international and multidisciplinary scope of business ethics, and the importance of narrative.

Can a corporation have a conscience? What is wrong with reverse discrimination? Can ethical management and managed care coexist? Hoffman, Frederick, and Schwartz address these and many other current, intriguing, often complex issues in corporate morality. This introductory business ethics text contains a thorough general introduction on ethical theory, 54 readings, and 25 cases. Divided into five parts, each with an introduction that presents the major themes of its articles and cases, the text contains an impartial, point-counterpoint presentation of (...) different perspectives on the most important issues being debated in business ethics. Each chapter ends with questions that can be used for student discussion, review, tests/quizzes, or for student assignments. The fourth edition has 27 new readings, 15 new cases, and 10 new mini-cases. (shrink)

Decision making is a key activity, perhaps the most important activity, in the practice of healthcare. Although physicians acquire a great deal of knowledge and specialised skills during their training and through their practice, it is in the exercise of clinical judgement and its application to individual patients that the outstanding physician is distinguished. This has become even more relevant as patients become increasingly welcomed as partners in a shared decision making process. This book translates the research and theory from (...) the science of decision making into clinically useful tools and principles that can be applied by clinicians in the field. It considers issues of patient goals, uncertainty, judgement, choice, development of new information, and family and social concerns in healthcare. It helps to demystify decision theory by emphasizing concepts and clinical cases over mathematics and computation. (shrink)

Basing ourselves on the writings of Hans Jonas, we offer to psychosomatic medicine a philosophy of life that surmounts the mind-body dualism which has plagued Western thought since the origins of modern science in seventeenth century Europe. Any present-day account of reality must draw upon everything we know about the living and the non-living. Since we are living beings ourselves, we know what it means to be alive from our own first-hand experience. Therefore, our philosophy of life, in addition to (...) starting with what empirical science tells us about inorganic and organic reality, must also begin from our own direct experience of life in ourselves and in others; it can then show how the two meet in the living being. Since life is ultimately one reality, our theory must reintegrate psyche with soma such that no component of the whole is short-changed, neither the objective nor the subjective. In this essay, we lay out the foundational components of such a theory by clarifying the defining features of living beings as polarities . We describe three such polarities: 1) Being vs. non-being: Always threatened by non-being, the organism must constantly re-assert its being through its own activity. 2) World-relatedness vs. self-enclosure: Living beings are both enclosed with themselves, defined by the boundaries that separate them from their environment, while they are also ceaselessly reaching out to their environment and engaging in transactions with it. 3) Dependence vs. independence: Living beings are both dependent on the material components that constitute them at any given moment and independent of any particular groupings of these components over time. We then discuss important features of the polarities of life: Metabolism; organic structure; enclosure by a semi-permeable membrane; distinction between "self" and "other"; autonomy; neediness; teleology; sensitivity; values. Moral needs and values already arise at the most basic levels of life, even if only human beings can recognize such values as moral requirements and develop responses to them. (shrink)

This chapter contains section titled: Communities and Persons A Phenomenological Distinction between Community and Society Community Society The Self and its Social Roles Dispositional Vectors and the Shaping of Personality The Personality The Sociopathic Personality Type Conclusion.

We argue that indeterminate probabilities are not only rationally permissible for a Bayesian agent, but they may even be rationally required . Our first argument begins by assuming a version of interpretivism: your mental state is the set of probability and utility functions that rationalize your behavioral dispositions as well as possible. This set may consist of multiple probability functions. Then according to interpretivism, this makes it the case that your credal state is indeterminate. Our second argument begins with our (...) describing a world that plausibly has indeterminate chances. Rationality requires a certain alignment of your credences with corresponding hypotheses about the chances. Thus, if you hypothesize the chances to be indeterminate, your will inherit their indeterminacy in your corresponding credences. Our third argument is motivated by a dilemma. Epistemic rationality requires you to stay open-minded about contingent matters about which your evidence has not definitively legislated. Practical rationality requires you to be able to act decisively at least sometimes. These requirements can conflict with each other-for thanks to your open-mindedness, some of your options may have undefined expected utility, and if you are choosing among them, decision theory has no advice to give you. Such an option is playing Nover and Hájek’s Pasadena Game , and indeed any option for which there is a positive probability of playing the Pasadena Game. You can serve both masters, epistemic rationality and practical rationality, with an indeterminate credence to the prospect of playing the Pasadena game. You serve epistemic rationality by making your upper probability positive-it ensures that you are open-minded. You serve practical rationality by making your lower probability 0-it provides guidance to your decision-making. No sharp credence could do both. (shrink)

Model organisms are central to contemporary biology and studies of embryogenesis in particular. Biologists utilize only a small number of species to experimentally elucidate the phenomena and mechanisms of development. Critics have questioned whether these experimental models are good representatives of their targets because of the inherent biases involved in their selection (e.g., rapid development and short generation time). A standard response is that the manipulative molecular techniques available for experimental analysis mitigate, if not counterbalance, this concern. But the most (...) powerful investigative techniques and molecular methods are applicable to single-celled organisms (‘microbes’). Why not use unicellular rather than multicellular model organisms, which are the standard for developmental biology? To claim that microbes are not good representatives takes us back to the original criticism leveled against model organisms. Using empirical case studies of microbes modeling ontogeny, we break out of this circle of reasoning by showing: (a) that the criterion of representation is more complex than earlier discussions have emphasized; and, (b) that different aspects of manipulability are comparable in importance to representation when deciding if a model organism is a good model. These aspects of manipulability harbor the prospect of enhancing representation. The result is a better understanding of how developmental biologists conceptualize research using experimental models and suggestions for underappreciated avenues of inquiry using microbes. More generally, it demonstrates how the practical aspects of experimental biology must be scrutinized in order to understand the associated scientific reasoning. (shrink)

This paper targets the constitutive basis of social cognition. It begins by describing the traditional and still dominant cognitivist view. Cognitivism assumes internalism about the realisers of social cognition; thus, the embodied and embedded elements of intersubjective engagement are ruled out from playing anything but a basic causal role in an account of social cognition. It then goes on to advance and clarify an alternative to the cognitivist view; namely, an enactive account of social cognition. It does so first by (...) articulating a diachronic constitutive account for how embodied engagement can play a constitutive role in social cognition. It then proceeds to consider an objection; the causal-constitutive fallacy (Adams & Aizawa 2001, 2008; Block 2005) against enactive social cognition. The paper proceeds to deflate this objection by establishing that the distinction between constitution and causation is not co-extensive with the distinction between internal constitutive elements and external causal elements. It is then shown that there is a different reason for thinking that an enactive account of social cognition is problematic. We call this objection the ‘poverty of the interactional stimulus argument’. This objection turns on the role and characteristics of anticipation in enactive social cognition. It argues that anticipatory processes are mediated by an internally realised model or tacit theory (Carruthers 2015; Seth 2015). The final part of this paper dissolves this objection by arguing that it is possible to cast anticipatory processes as orchestrated as well as maintained by sensorimotor couplings between individuals in face-to-face interaction. (shrink)

Under a grant from the National Science Foundation, the authors (and others) undertook to integrate ethics into graduate engineering classes at three universities—and to assess success in a way allowing comparison across classes (and institutions). This paper describes the attempt to carry out that assessment. Standard methods of assessment turned out to demand too much class time. Under pressure from instructors, the authors developed an alternative method that is both specific in content to individual classes and allows comparison across classes. (...) Results are statistically significant for ethical sensitivity and knowledge. They show measurable improvement in a single semester. (shrink)

There is currently no consensus from the relevant stakeholders regarding the operational and construct definitions of child assent for research. As such, the requirements for assent are often construed in different ways, institutionally disparate, and often conflated with those of parental consent. Development of a standardized operational definition of assent would thus be important to ensure that investigators, institutional review boards, and policy makers consider the assent process in the same way. To this end, we describe a Delphi study that (...) provided consensus from a panel of expert stakeholders regarding the definitions of child assent for research. Based on current guidelines, a preliminary definition of assent was generated and sent out for review to a Delphi panel including pediatric bioethicists and researchers, Institutional Review Board members, parents, and individuals with regulatory/legal expertise. For each subsequent review, the process of summarizing and revising responses was repeated until consensus was achieved. Panelists were also required to rank order elements of assent that they believed were most important in defining the underlying constructs of the assent process. In providing these rankings, panelists were asked to frame their responses in the contexts of younger and adolescents/older children in non-therapeutic and therapeutic trials. Summary rankings of the most important identified elements were then used to generate written construct definitions which were sent out for iterative reviews by the expert panel. Consensus regarding the operational definition was reached by 14/18 of the panel members. Seventeen panelists agreed with the definitions of capacity for assent, elements of disclosure for younger children, and the requirements for meaningful assent, respectively. Fifteen members agreed with the elements of disclosure for adolescents/older children. It is hoped that this study will positively inform and effect change in the way investigators, regulators, and IRBs operationalize the assent process, respect children’s developing autonomy, and in concert with parental permission, ensure the protection of children who participate in research. (shrink)

. Recent corporate scandals have focused the attention of a broad set of constituencies on reforming corporate governance. Boards of directors play a leading role in corporate governance and any significant reforms must encompass their role. To date, most reform proposals have targeted the legal, rather than the ethical obligations of directors. Legal reforms without proper attention to ethical obligations will likely prove ineffectual. The ethical role of directors is critical. Directors have overall responsibility for the ethics and compliance programs (...) of the corporation. The tone at the top that they set by example and action is central to the overall ethical environment of their firms. This role is reinforced by their legal responsibilities to provide oversight of the financial performance of the firm. Underlying this analysis is the critical assumption that ethical behavior, especially on the part of corporate leaders, leads to the best long-term interests of the corporation. We describe key components of a framework for a code of ethics for corporate boards and individual directors. The proposed code framework is based on six universal core ethical values: (1) honesty; (2) integrity; (3) loyalty; (4) responsibility; (5) fairness; and (6) citizenship. The paper concludes by suggesting critical issues that need to be dealt with in firm-based codes of ethics for directors. (shrink)