Battle Hall Davies' brother Nick ran away from home when she was in high school. Now he has found her and she is going to stay with him for the summer before starting college. Battle discovers that neither she nor her brother is the person she thought they were.

Imbalance in analytical legal theory's approach to prima facie legal phenomena : re-balancing after imbalance : an incremental addition to analytical legal theory -- Legal officials, the rule of recognition, and international law -- The hierarchical view of legal system and non-state legality -- Meta-theoretical-evaluative motivations -- An inter-institutional theory -- An inter-institutional account of non-state legality -- Pathologies of legality : novel technologies and their implications for conceptions of legality : the consequences of re-socializing a descriptive-explanatory view of law.

After surveying and criticizing some earlier definitions of "disease", we propose that a general term--malady--be used to represent what all diseases, illnesses, injuries, etc., have in common. We define a malady as the suffering, or increased risk of suffering an evil in the absence of a distinct sustaining cause. We discuss the key terms in the definition: evil, distinct sustaining cause, and increased risk. We show that the role of abnormality is to clarify these terms rather than to be used (...) directly in the definition of malady. (shrink)

In his article 'Specifying, balancing and interpreting bioethical principles' (Richardson, 2000), Henry Richardson claims that the two dominant theories in bioethics - principlism, put forward by Beauchamp and Childress in Principles of Bioethics , and common morality, put forward by Gert, Culver and Clouser in Bioethics: A Return to Fundamentals - are deficient because they employ balancing rather than specification to resolve disputes between principles or rules. We show that, contrary to Richardson's claim, the major problem with principlism, either (...) the original version, or the specified principlism of Richardson, is that it conceives of morality as being composed of free-standing principles, rather than as common morality conceives it, as being a complete public system, composed of rules, ideals, morally relevant features, and a procedure for determining when a rule can be justifiably violated. (shrink)

Book reviewed in this article: To Hurt and To Heal. University of California Media Extension Center.

Many journalists, readers and scholars exhibit confusion concerning the nature and justification of deception. In this article, we clarify those acts that should count as deception. Before discussing if any cases of deception can be construed as morally justified, we clarify which investigative, interrogative, and information-giving techniques are deceptive on their face. We also bracket borderline cases.

Book reviewed in this article: Philosophy in Medicine: Conceptual and Ethical Problems in Medicine and Psychiatry. By Charles M. Culver and Bernard Gert. Psychiatric Ethics. Edited by Sidney Block and Paul Chodoff. Man, Mind, and Morality: The Ethics of Behavior Control. By Ruth Macklin.

Although the definition of a mental disorder has remained essentially the same from Diagnostic and Statistical Manual of Mental Disorder, Third Edition, Revised (DSM-III-R) through DSM-IV to DSM-IV-TR, the account of the paraphilias has changed continually. Although the definition in all the DSMs explicitly rules out deviant sexual behavior as sufficient for labeling someone as having a mental disorder, deviant sexual behavior counts as sufficient for all the paraphilias in DSM-III-R. In DSM-IV, the account of all the paraphilias is made (...) consistent with the definition. In DSM-IV-TR, mere deviant sexual behavior is not sufficient for being classified as having a paraphilia, but immoral deviant sexual behavior is. Thus, in DSM-IV-TR, only those paraphilias that involve immoral deviant sexual behavior are inconsistent with the definition, but deviant sexual behavior by itself does not count as a mental disorder. (shrink)

Coercion is commonly said to invalidate consent, and that is always true if the source of the coercion is the physician. However, if it is a family member who coerces the patient to consent, the resultant consent may be quite valid and treatment should proceed.

In The Origin of Species (1859) Darwin challenged many of the most deeply-held beliefs of the Western world. Arguing for a material, not divine, origin of species, he showed that new species are achieved by "natural selection." The Origin communicates the enthusiasm of original thinking in an open, descriptive style, and Darwin's emphasis on the value of diversity speaks more strongly now than ever. As well as a stimulating introduction and detailed notes, this edition offers a register of the many (...) writers referred to by Darwin in the text. (shrink)

Molecular chaperones in cells constantly monitor and bind to exposed hydrophobicity in newly synthesized proteins and assist them in folding or targeting to cellular membranes for insertion. However, proteins can be misfolded or mistargeted, which often causes hydrophobic amino acids to be exposed to the aqueous cytosol. Again, chaperones recognize exposed hydrophobicity in these proteins to prevent nonspecific interactions and aggregation, which are harmful to cells. The chaperone‐bound misfolded proteins are then decorated with ubiquitin chains denoting them for proteasomal degradation. (...) It remains enigmatic how molecular chaperones can mediate both maturation of nascent proteins and ubiquitination of misfolded proteins solely based on their exposed hydrophobic signals. In this review, we propose a dynamic ubiquitination and deubiquitination model in which ubiquitination of newly synthesized proteins serves as a “fix me” signal for either refolding of soluble proteins or retargeting of membrane proteins with the help of chaperones and deubiquitinases. Such a model would provide additional time for aberrant nascent proteins to fold or route for membrane insertion, thus avoiding excessive protein degradation and saving cellular energy spent on protein synthesis. Also see the video abstract here: https://youtu.be/gkElfmqaKG4. (shrink)

Increasing university students’ engagement with ethics is becoming a prominent call to action for higher education institutions, particularly professional schools like business and engineering. This paper provides an examination of student attitudes regarding ethics and their perceptions of ethics coverage in the curriculum at one institution. A particular focus is the comparison between results in the business college, which has incorporated ethics in the curriculum and has been involved in ethics education for a longer period, with the engineering college, which (...) is in the nascent stages of developing ethics education in its courses. Results show that student attitudes and perceptions are related to the curriculum. In addition, results indicate that it might be useful for engineering faculty to use business faculty as resources in the development of their ethics curricula. (shrink)

This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal (...) responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix. (shrink)

A rigorous introduction to profound questions about the nature and role of law.

Familiarity with Charles Darwin's treatise on evolution is essential to every well-educated individual. One of the most important books ever published--and a continuing source of controversy, a century and a half later--this classic of science is reproduced in a facsimile of the critically acclaimed first edition.

The present edition provides a detailed and accessible discussion ofhis theories and adds an account of the immediate responses to the book on publication.

Should engineering ethics be taught? Despite the obvious truism that we all want our students to be moral engineers who practice virtuous professional behavior, I argue, in this article that the question itself obscures several ambiguities that prompt preliminary resolution. Upon clarification of these ambiguities, and an attempt to delineate key issues that make the question a philosophically interesting one, I conclude that engineering ethics not only should not, but cannot, be taught if we understand “teaching engineering ethics” to mean (...) training engineers to be moral individuals (as some advocates seem to have proposed). However, I also conclude that there is a justification to teaching engineering ethics, insofar as we are able to clearly identify the most desirable and efficacious pedagogical approach to the subject area, which I propose to be a case study-based format that utilizes the principle of human cognitive pattern recognition. (shrink)

David Charles presents a major new study of Aristotle's views on meaning, essence, necessity, and related topics. These interconnected views are central to Aristotle's metaphysics, philosophy of language, and philosophy of science, and are also highly relevant to current philosophical debates. Charles aims to reach a clear understanding of Aristotle's claims and arguments, to assess their truth, and to evaluate their importance to ancient and modern philosophy.

ABSTRACTAs news media face declining levels of trust, research has suggested that partisans may differ in their views of news media. Depending on their ideological positions, partisans may have dif...

This wide-ranging anthology of philosophical writings on the concept of God presents a systematic overview of the chief conceptions of deity as well as skeptical and atheistic critiques of theological ideas. The selections cover key philosophic developments in this subject area from ancient times to modern in both the East and West. Editors Hartshorne and Reese-two of the most highly respected scholars in the philosophy of religion-have not only selected many arresting passages from the world's great thinkers but have also (...) analyzed and evaluated the underlying ideas, showing how they fit into major, overarching systems of thought. Part One, "Classical Views," includes passages from ancient Egyptian, Indian, Chinese, and Judeo-Christian scriptures as well as philosophical writings from ancient Greece, the medieval church, and the Enlightenment. Part Two, "Modern Views," considers the ideas of more recent influential thinkers from diverse cultures and philosophical schools: Schelling, Peirce, Whitehead, Schweitzer, Buber, Radhakrishnan, and Watts, among others, are represented and discussed. Part Three, "Skeptical or Atheistic Views: Ancient and Modern," examines various kinds of skepticism and includes selections from Carneades, Buddha, Hume, Schopenhauer, Feuerbach, Nietzsche, Dennes, and Freud. Throughout their presentation the editors analyze and contrast theistic, atheistic, pantheistic, and panentheistic systems of thought. Philosophers Speak of God is a richly varied selection of high-quality writing on a perennial subject that will provide the serious student a thorough foundation in the philosophy of religion. (shrink)

This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to rebut Gerald Postema's and (...) Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity. (shrink)

Abstract:We aim in this paper to explore several related challenges to contemporary analytical legal theorists who accept as theoretically foundational the state-based view of legality and legal system advanced by H.L.A. Hart. We contend that this approach contains internal explanatory problems which limit the view’s capacity to account for novel prima facie legal phenomena outside the typical experience of the law-state. We supplement the analytical approach by advancing the rudiments of what we call an ‘inter-institutional theory of legality,’ a theory (...) of legality derived from a morally-neutral, descriptive-explanatory picture of legal system qua system of legal institutions. Our theory additionally enables us to account for the novel prima facie legal phenomena we identify, and to conclude that while prior analytical legal theorists’ approaches to legality and legal system were historically right to depart from the example of the municipal legal system, that example and departure point are no longer most salient, so explanation of the legality within the state is no longer sufficient as a general explanation of legality.Resumen:En este artículo los autores se proponen explorar diversos retos que enfrentan los teóricos analíticos del derecho contemporáneos, los cuales han aceptado que una perspectiva estatista del sistema jurídico y de la legalidad —introducida por H. L. A. Hart— es fundamental como punto de partida en la teoría. Los autores sostienen que este enfoque contiene problemas explicativos internos que limitan su capacidad para explicar fenómenos jurídicos prima facie novedosos que no se ajustan a la experiencia paradigmática de un derecho-estado. Los autores reformulan el enfoque analítico mediante la introducción de las bases de lo que deno minan una “teoría de la legalidad interinstitucional”, esto es, una teoría de la legalidad derivada de una noción moralmente neutral, descriptiva y explicativa del sistema jurídico como un sistema de instituciones jurídicas. Esta teoría permite, además, explicar los fenómenos jurídicos prima facie novedosos que identifican los autores; y concluir que si bien los enfoques anteriores hacia el sistema jurídico y la legalidad de los teóricos analíticos estuvieron históricamente en lo correcto al tomar como punto de partida el ejemplo de un sistema jurídico municipal, ese ejemplo y punto de partida han dejado de ser relevantes, dicho ejemplo y punto de partida no resulta suficiente, por lo que la explicación de la legalidad dentro de los confines del Estado no es suficiente para una explicación general de la legalidad. (shrink)