Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides (...) a broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

Growing recognition in both the psychological and management literature of the concept of “good people” has caused a paradigm shift in our understanding of wrongful behavior: Wrongdoings that were previously assumed to be based on conscious choice—that is, deliberate decisions—are often the product of intuitive processes that prevent people from recognizing the wrongfulness of their behavior. Several leading scholars have dubbed this process as an ethical “blind spot.” This study explores the main implications of the good people paradigm on the (...) regulation of employees’ conflicts of interest. In two experiments, we examined the efficacy of traditional deterrence- and morality-based interventions in encouraging people to maintain their professional integrity and objectivity at the cost of their own self-interest. Results demonstrate that while the manipulated conflict was likely to “corrupt” people under intuitive/automatic mindset, explicit/deliberative mechanisms had a much larger constraining effect overall on participants’ judgment than did implicit measures, with no differences between deterrence and morality. The findings demonstrate how little is needed to compromise the employees’ ethical integrity, but they also suggest that a modest explicit/deliberative intervention can easily prevent much of the wrongdoing that may otherwise result. (shrink)

To sell a new drug, pharmaceutical companies must discover a compound, run clinical trials to test its efficacy and safety, get it approved by regulatory bodies, produce the drug, and market it. As this process brings the drug through so many hands, there are risks of many kinds of corruption. The pharmaceutical industry has recently gone from being one of the most admired industries to being described by the majority of Americans as “dishonest, unethical, and more concerned with profits than (...) with individual and public health.” Legal scholar Marc Rodwin suggested that the pharmaceutical industry can be viewed through the lens of institutional corruption as defined by legal scholar Lawrence Lessig, whereby widespread or systemic practices undermine the main purposes of drug therapy — healing illness, preventing medical problems, and alleviating suffering. Many drugs do serve these goals, yet a significant number of drugs churned out by pharmaceutical companies are ineffective or have dangerous side effects that could have been predicted had the companies conducted the appropriate research. (shrink)

Two insights of psychology on which we would like to draw are that people react to law in more complex ways than rational-choice models assume and that good people sometimes do bad things. With that starting point, this article provides a behavioral perspective on some of the factors that policymakers seeking to reduce the level of misconduct in the pharmaceutical industry should consider. Effective regulation and enforcement need to address the following questions: Who are the regulation's targeted actors — researchers (...) or executives? Are the regulations directed toward research or marketing activities? Is the misconduct a product of explicit rational choice or implicit processes of which the actor is unaware? Is it reasonable to address all types of misconduct using the same approach? Certain misconduct — particularly by researchers — is due to automatic, intuitive, and unconscious decisions and needs to be addressed through different means than those used to address misconduct due to controlled, deliberate decisions. This article therefore recommends using different sorts of regulation depending on the context. It suggests more tailored enforcement mechanisms that will be sensitive to the pharmaceutical researchers’ unique work motivations and to their awareness or lack of awareness of their own misconduct. (shrink)

Law and economics scholarship suggests that, in appropriate cases, the law can improve people’s behavior by changing their preferences. For example, the law can curb discriminatory hiring practices by providing employers with information that might change their discriminatory preference. Supposedly, if employers no longer prefer one class of employees to another, they will simply stop discriminating, with no need for further legal intervention. The current Article aims to add some depth to this familiar analysis by introducing the insights of behavioral (...) ethics into the law and economics literature on preference change. Behavioral ethics research shows that wrongdoing often originates from semi-deliberative or non-deliberative cognitive processes. These findings suggest that the process of preference change through the use of the law is markedly more complicated and nuanced than previously appreciated. For instance, even if an employer’s explicit discriminatory stance is changed, and the employer no longer consciously prefers one class of employees over another, discriminatory behavior might persist if it originates from semi-conscious, habitual, or non-deliberative decision-making mechanisms. Therefore, actual change in behavior might necessitate a close engagement with people’s level of moral awareness. We discuss the institutional and normative implications of these insights and evaluate their significance for the attempt to improve preferences through the different functions of the legal system. (shrink)

Our sense of entitlement influences our interactions and attitudes in a range of specific relational contexts, one of them being aging parents’ relationships with their adult children. This study aimed to examine the factor structure of the Sense of Relational Entitlement—aging parents toward their offspring, an 11-item questionnaire that assesses aging people’s sense of relational entitlement toward their children, and examine the associations of its subscales with related personality and mental health constructs. One thousand and six participants, aged 65–99, with (...) at least one child, completed the SRE-ao, Brief Symptom Inventory, Loneliness Scale, and General Belongingness scale. The SRE-ao demonstrated good construct structure using confirmatory factor analysis. Both SRE-ao subscales were significantly and positively associated with anxiety, depression, somatization and sense of loneliness and negatively with sense of belonging. When all variables were entered into a regression model, age, anxiety, and low sense of belonging, but not sense of loneliness, positively predicted both restricted and inflated sense of entitlement. Somatization negatively predicted inflated sense of entitlement. The SRE-ao is a reliable and valid scale that can be used in clinical practice and research to enhance our understanding of parent–child relationships throughout the lifespan. (shrink)

Most solutions to the skeptical paradox about justified belief assume closure for justification, since the rejection of closure is widely regarded as a non-starter. I argue that the rejection of closure is not a non-starter, and that its problems are no greater than the problems associated with the more standard anti-skeptical strategies. I do this by sketching a simple version of the unpopular strategy and rebutting the three best objections to it. The general upshot for theories of justification is that (...) it is not a constraint on such theories that we must somehow have justification to believe that we are not massively deceived. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...) these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

A theory that treats language not as an abstract symbol system but as a function of our brains and experience, integrating recent findings from biology, ...

The badness of having conflicting emotions is a familiar theme in academic ethics, clinical psychology, and commercial self-help, where emotional harmony is often put forward as an ideal. Many philosophers give emotional harmony pride of place in their theories of practical reason.1 Here we offer a defense of a particular species of emotional conflict, namely, ambivalence. We articulate an conception of ambivalence, on which ambivalence is unresolved inconsistent desire (§1) and present a case of appropriate ambivalence (§2), before considering two (...) alternative defenses of emotional conflict (§3). We then argue that inconsistent desires can be fitting (§4) and that it can be reasonable not to resolve inconsistent desires (§5), before considering an objection (§6) and concluding the discussion (§7). (shrink)

In this essay I defend a solution to a skeptical paradox. The paradox I focus on concerns epistemic justification (rather than knowledge), and skeptical scenarios that entail that most of our ordinary beliefs about the external world are false. This familiar skeptical paradox hinges on a “closure” principle. The solution is to restrict closure, despite its first appearing as a fully general principle, so that it can no longer give rise to the paradox. This has some extra advantages. First, it (...) suggests a general strategy that provides solutions to other versions of the paradox, not just those that depend on closure. Second, it clarifies the relation between the paradox and other kinds of skeptical problem. (shrink)

Dreams are a remarkable experiment in psychology and neuroscience, conducted every night in every sleeping person. They show that the human brain, disconnected from the environment, can generate an entire world of conscious experiences by itself. Content analysis and developmental studies have promoted understanding of dream phenomenology. In parallel, brain lesion studies, functional imaging and neurophysiology have advanced current knowledge of the neural basis of dreaming. It is now possible to start integrating these two strands of research to address fundamental (...) questions that dreams pose for cognitive neuroscience: how conscious experiences in sleep relate to underlying brain activity; why the dreamer is largely disconnected from the environment; and whether dreaming is more closely related to mental imagery or to perception. (shrink)

We present a classical hydrodynamic analog of free relativistic quantum particles inspired by de Broglie’s pilot wave theory and recent developments in hydrodynamic quantum analogs. The proposed model couples a periodically forced Klein–Gordon equation with a nonrelativistic particle dynamics equation. The coupled equations may represent both quantum particles and classical particles driven by the gradients of locally excited Faraday waves. Exact stationary solutions of the coupled system reveal a highly nonlinear mechanism responsible for the self-propulsion of free particles, leading to (...) the onset of unsteady motion. Although the model is essentially nonrelativistic, a stabilizing mechanism for any particle traveling close to the wave signaling speed emerges through the coupling with the wavefield. Consequently, inline particle oscillations comparable to de Broglie’s wavelength are realized through this fully-classical model, suggesting a new classical interpretation for the motion of relativistic quantum particles. (shrink)

Keratins are a family of intermediate filaments that serve various crucial roles in skin physiology. For mammalian skin to function properly, and to produce epidermal and hair keratins that are optimally adapted for their environment, it is critical that keratin gene and protein expression are stringently controlled. Given that the skin is not only targeted by multiple hormones, but also constitutes a veritable peripheral endocrine organ, it is not surprizing that intracutaneous keratin expression is underlined by tight endocrine controls. These (...) controls encompass thyroid hormones, steroid hormones such as glucocorticoids (GCs), retinoic acid (RA) and vitamin D, and several neuroendocrine mediators. Here, we review why a better understanding of the endocrine controls of keratin expression is not only required for an improved insight into normal human skin and hair function, but may also open new therapeutic avenues in a wide range of skin and hair diseases. (shrink)

Human skin produces numerous neurohormones and neuropeptides. Recent evidence has shown that the neuroendocrine regulation of human skin biology also extends to keratins, the major structural components of epithelial cells. For example, thyrotropin‐releasing hormone, thyrotropin, opioids, prolactin, and cannabinoid receptor 1‐ligands profoundly modulate human keratin gene and protein expression in human epidermis and/or hair follicle epithelium in situ. Since selected keratins are now understood to exert important regulatory functions beyond mechanical stability, we argue that neuroendocrine pathways of keratin regulation are (...) important for maintaining skin and hair follicle homeostasis. This invites innovative neuroendocrine therapeutic interventions for skin disorders characterized by abnormal keratin expression, ranging from psoriasis to genodermatoses, and for promoting skin wound healing and hair growth. This strategy can be probed in simple, but instructive and readily available human skin and hair follicle organ culture assays as ideal models for exploring this new neuroendocrine frontier in translational epithelial biology. (shrink)

Problems of definition and identification in the integrated evolutionary model of sociopathy are suggested by Schoenfeld's (1974) criticism of the field of race differences in intelligence. Moral judgments by those labeled primary and secondary sociopaths may offer a way to validate the assumptions of the model.

Strategic fouls are intentional violations of the rules ‘in which the violator expects to be detected and penalized but expects some benefit to his or her competitive effectiveness’ (Fraleigh...

Spinoza is commonly perceived as the great metaphysician of coherence. The Euclidean manner in which he presented his philosophy in the _Ethics _has led readers to assume they are facing a strict and consistent philosophical system that necessarily follows from itself. As opposed to the prevailing understanding of Spinoza and his work, _The Role of Contradictions in Spinoza's Philosophy_ explores an array of profound and pervasive contradictions in Spinoza’s system and argues they are deliberate and constitutive of his philosophical thinking (...) and the notion of God at its heart. Relying on a meticulous and careful reading of the _Theological-Political Treatise_ and the _Ethics_, this book reconstructs Spinoza's philosophy of contradictions as a key to the ascending three degrees of knowledge leading to the _Amor intellectualis Dei_. Offering an exciting and clearly-argued interpretation of Spinoza’s philosophy, this book will interest students and scholars of modern philosophy and philosophy of religion, as well as Jewish studies. Yuval Jobani is Assistant Professor at the Department of Hebrew Culture Studies and the School of Education at Tel-Aviv University. (shrink)

A new theory of how the brain constructs emotions that could revolutionize psychology, health care, law enforcement, and our understanding of the human mind Emotions feel automatic, like uncontrollable reactions to things we think and experience. Scientists have long supported this assumption by claiming that emotions are hardwired in the body or the brain. Today, however, the science of emotion is in the midst of a revolution on par with the discovery of relativity in physics and natural selection in biology--and (...) this paradigm shift has far-reaching implications for us all. Leading the charge is psychologist and neuroscientist Lisa Feldman Barrett, whose theory of emotion is driving a deeper understanding of the mind and brain, and shedding new light on what it means to be human. Her research overturns the widely held belief that emotions are housed in different parts of the brain and are universally expressed and recognized. Instead, she has shown that emotion is constructed in the moment, by core systems that interact across the whole brain, aided by a lifetime of learning. This new theory means that you play a much greater role in your emotional life than you ever thought. Its repercussions are already shaking the foundations not only of psychology but also of medicine, the legal system, child-rearing, meditation, and even airport security. Why do emotions feel automatic? Does rational thought really control emotion? How does emotion affect disease? How can you make your children more emotionally intelligent? How Emotions Are Made answers these questions and many more, revealing the latest research and intriguing practical applications of the new science of emotion, mind, and brain. (shrink)

Wittgenstein on the Human Spirit provides a new understanding of Wittgenstein’s discourse as an insightful philosophy of culture, pursued through self-reflection. It offers an edifying perspective on the conceptual underpinnings of culture as a shared expressive spiritual form of life. The ideas investigated in it are highly relevant for discussions in philosophy, aesthetics, anthropology, and cultural studies. The book embraces three studies: The Spirit of Jews, The Spirits of Culture and Civilization, and The Common Spirit of Human Beings. The first (...) discusses Wittgenstein's remarks about Jews, focusing on their place within his philosophical thinking, self-reflection, and European discourse about culture and Jews. It shows how overcoming the anti-Semitic attitude implicit in them set off the major change in his philosophy. The second discusses Wittgenstein’s reflections on the “deterioration of culture” in the modern period, showing how they are related to his remarks about following rules. The third discusses Wittgenstein’s insights regarding the symbolic nature of myth, magic and religion. It suggests that modern human beings and those of ancient cultures possess a common expressive spiritual nature. This enables us to understand expressive practices in other cultures without interpretation. Nonetheless religious belief during the modern period is problematic. (shrink)

In this ‘age of information’, some worry that we get our news from online ‘echo chambers’, news feeds on our social media accounts that contain information from like‐minded sources. Filtering our information in this way seems prima facie problematic from an epistemic perspective. I vindicate this intuition by offering an explanation of what is wrong with online echo chambers that appeals to a particular kind of motivated reasoning, or bias due to one’s interests. This sort of bias affects, not which (...) evidence one is exposed to, but how one makes use of the evidence that one has, on the basis of one’s interests. I argue that consulting an online echo chamber often facilitates and amplifies this bias. I then draw some general conclusions about the potential downside of having ready access to so much information. (shrink)

This book addresses a dilemma at the heart of counter-terrorism: Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

In recent years, a future in which humans have attained Immortality by means of technology, and yet, this miraculous achievement remains a luxury of the rich, has become a staple not only of specul...

The hematopoietic system consists of more than ten differentiated cell types, all of which are derived from a single type of hematopoietic stem cell. The accessibility and interest of this system have made it a model for understanding normal and abnormal differentiation of mammalian cells. Newer techniques have generated a mass of data that requires integrative approaches for analysis and interpretation. The traditional view of the differentiation program holds that a small number of regulators are involved in each stage of (...) cell specification. However, this may not be the case. Recent analyses have shown that almost all substantial subsets of genes, including the set of broadly expressed transcription factors, are expressed in patterns that are unique for each lineage. Further, much of this difference between lineages can be captured in two‐dimensional graphs. Understanding the biologic significance, mechanisms and constraints underlying these differences is a challenge for experimentalists and computational biologists alike. BioEssays 26:1276–1287, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

The conceptual history of Bildung, the German term for self-formation, encapsulates the ethical revolution of modern German thought, associated with the Kantian moment and its aftermath. Reshaped in modernity to respond to a post-Kantian, critical sensibility, the modern term emphasizes the reflexive, active process of self-formation, in contrast with the medieval theological sensibility which emphasized the receptive imprint of the image of God. In this article, I unpack Moses Mendelsohn’s idiosyncratic notion of Bildung. I show that what is unique, indeed, (...) singular in Mendelssohn’s notion of Bildung is the way it merges the traditional, theological notion with the modern one. For Mendelssohn, to imitate God is to come to value one’s contingent being. The imitation of the ideal, the most perfect, is tantamount to embracing the perfectible, and the process of perfection or self-actualization. Jacobi, Mendelssohn, Bildung, Contingency, Pantheism affair, Moral Perfectionism. (shrink)

In his thought-provoking book, Alex Mesoudi argues for an evolutionary, unifying framework for the social sciences, which is based on the principles of Darwinian theory. Mesoudi maintains that cultural change can be illuminated by using the genotype-phenotype distinction, and that it is sufficiently similar to biological change to warrant a theory of culture-change based on evolutionary models. He describes examples of cultural microevolution, within-population changes, and the biologically inspired population genetics models used to study them. He also shows that some (...) aspects of large-scale cultural transformation can be studied by using ecological models and phylogenetic comparative techniques. We argue that although Mesoudi's evolution-based perspective offers many useful insights, his ambition—the unification of the social sciences within a Darwinian framework through the use of the methods and models he describes—suffers from a major theoretical limitation. His reductive approach leads to overlooking culture as a system with emergent processes and features. Mesoudi therefore does not engage with any of the central past and present theories in sociology and anthropology for which the systems view of culture is central, and he does not analyze the emergent, high-level properties of human cultural-social systems. We suggest that a systems perspective, using some analogies and metaphors from developmental biology, can complement the evolutionary approach and is more in tune with a systems view of society. Such an approach, which stresses feedback and self-sustaining interactions within social networks, and engages with the insights of sociological and anthropological theories, can contribute to the understanding of cultural systems by highlighting the evolution of processes of social cohesion, and by making use of the mathematical approaches of complexity theory. (shrink)

It is now medically possible for a baby to have two biological mothers. A fertilized ovum from one woman can be implanted into a second woman for gestation in her uterus. In fact, there have been several such cases. The ova donor is the mother in the genetic sense: her genetic material,along with that of the sperm donor,appears in the developing baby. The uterine hostess is the birth mother: she gestates the fetus and gives birth to it. In essence, the (...) two female reproductive functions, genetic and gestational, can be and have been divided from each other. Our current conception of biological maternity has lagged behind these technological marvels and still assumes that both functions will be performed by the same woman. At a time when two "biological mothers" can and do make claims for the same child,each on the ground that she is the "true mother", it is crucial to examine our concepts of biological maternity and their relation to our social policies about maternity in these cases. In this paper I will argue that the best social and legal policy would involve a prima facie preference for the claims of the gestational mother over the claims of the genetic mother for custody of the child in a contest (if there is no question of parental unfitness on either side). That is, in any dispute, presumption should be in favor of the gestational mother. This argument is made independent of considerations about pre-birth and pre-conception contracts, because the issues raised about the roles of gestational and genetic maternity are substantial in themselves and have obvious implications about the acceptability of such contracts.Rather, I argue that a revision of our concept of biological maternity which emphasizes the importance of gestation and which would prefer the claims of the gestational over the genetic mother would have positive benefits for both women and newborns. (shrink)

This article explores various analytical issues involved in conceptualizing the interrelationships of gender, class, race and ethnicity and other social divisions. It compares the debate on these issues that took place in Britain in the 1980s and around the 2001 UN World Conference Against Racism. It examines issues such as the relative helpfulness of additive or mutually constitutive models of intersectional social divisions; the different analytical levels at which social divisions need to be studied, their ontological base and their relations (...) to each other. The final section of the article attempts critically to assess a specific intersectional methodological approach for engaging in aid and human rights work in the South. (shrink)

Among the important themes in Roderick Chisholm's epistemology are his commitment to internalism, his defense of the independence of epistemology from empirical science, and his assumption that we do know most of what we initially think we know. In “Roderick Chisholm and the Shaping of American Epistemology” Hilary Kornblith argues that Chisholm's views lead to a radical divorce between the factors that justify beliefs and the factors that cause beliefs, that Chisholm's views have the consequence that there is no connection (...) between justification and truth, and that Chisholm's kind of epistemology is unable to give epistemic advice. I argue that Chisholm's views do not have these consequences. (shrink)