This article explores aggravated and exemplary damages in terms of their structure. It argues that the awards are distinguishable and once they have been appropriately analysed it can be seen that aggravated damages have a secure foundation in the private law and are importantly different from other compensatory awards. The article then argues that many of the reasons given in favour of exemplary damages are not consistent with the structure of that award. The article concludes by insisting that exemplary damages (...) should be abolished as they are in serious tension with the nature of civil liability. (shrink)

520 "Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the (...) reconstruction of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments. (shrink)

The account of marriage Kant presents in the Rechtslehre strikes most readers as cold, legalistic and obsessed with sex. It seems to ignore at least nearly all of the morally valuable aspects of marriage. Consequently, most have felt that this is a feature of Kant 's theory best ignored. Against this view, this article argues that Kant 's focus is appropriate, that his understanding of marriage is much more romantic than is commonly thought and that it presents a thought-provoking alternative (...) to the picture of marriage found in the modern law. (shrink)

It is sometimes argued that tort law is, or ought to be understood as, a system of personal responsibility and corrective justice. Moreover, it is often assumed that these notions are identical, or at least compatible. In fact, however, personal responsibility and corrective justice are very different concepts and they produce very different pictures of the law. The article demonstrates this by comparing the way in which personal responsibility and corrective justice deal with three important problems: the presence of non-subjective (...) standards in the law, the place of liability insurance, and the relationship between law and politics. (shrink)

This article examines the declaratory theory of law and defends it from the most prominent modern attack on it. It explains that the real declaratory theory is not the caricature of it criticized in modern writing and that, in fact, the theory properly understood is remarkably close to the position adopted by some of the theory’s most notable opponents. The article further examines the common law’s continuing commitment to the declaratory theory, a commitment that remains strong despite the considerable hostility (...) of the academy. It explains that this commitment reflects the nature of the common law. (shrink)

Challenging the assumptions of modern political and legal philosophy, this book presents a historical account of the development of thinking about justice and political obligations.

If the central problem in philosophical ethics is determining and defining the scope of moral value, our normative ethical theories must be able to explain on what basis and to what extent entities have value. The scientific foundation of contemporary biosemiotic theory grounds a theory of moral value capable of addressing this problem. Namely, it suggests that what is morally relevant is semiosis. Within this framework, semiosis is a morally relevant and natural property of all living things thereby offering us (...) an ecological, as opposed to merely environmental, ethic. A consequence of this semiotic theory is that living things are accorded inherent moral value based on their natural relational properties—their ability to signify. This consequence establishes a hierarchy of inherent moral value based on the scope of signification: the larger the Umwelten, the greater the value. This paper argues that a robust semiotic moral theory can take into account a much wider scope of inherent value.. These consequences have positive ramifications for environmental ethics in their recognition of the natural ecological networks in which each organism is bound. This presentation of a biosemiotic model of value offers a justificatory strategy for our contemporary moral intuitions concerning our semiotic/moral relationships with living things while also productively pushing our normative ethical boundaries. (shrink)

There is, I shall assume, such a thing as moral evil (more on which below). My question is whether is also such a thing as non-moral evil, and in particular whether there are such things as aesthetic evil and epistemic evil. More exactly, my question is whether there is such a thing as moral evil but not such a thing as non-moral evil, in some sense that reveals something special about the moral, as opposed to such would-be non-moral domains as (...) the aesthetic and the epistemic. The philosophical issue at stake here is that of the nature of these different normative domains, and the nature and extent of their difference. (shrink)

Can understanding be transmitted by testimony, in the same sense that propositional knowledge can be transmitted by testimony? Some contemporary philosophers – call them testimonial understanding pessimists – say No, and others – call them testimonial understanding optimists – say Yes. In this chapter I will articulate testimonial understanding pessimism (§1) and consider some arguments for it (§2).

More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book (...) criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions. (shrink)

Early emotional attachment, the development of the right brain, and the relational origins of the unconscious mind -- Modern attachment theory -- Early interpersonal neurobiological assessment of attachment and autistic spectrum disorders -- All our sons: the developmental neurobiology and neuroendocrinology of boys at risk -- Early right brain regulation and the relational origins of emotional wellbeing -- The development of the right brain across the life span: what's love got to do with it? -- Playing on the right side (...) of the brain. an interview with allan n. schore in the American journal of play -- Index. (shrink)

Social work ethics provide practitioners with guidance on how to promote social work values such as respect, social justice, human relationships, service, competence, and integrity. Students entering the profession need to develop a real-world understanding of how to apply these values in practice while also managing the dilemmas that arise when social workers, clients, and others encounter conflicting values and ethical obligations. Ethics and Values in Social Work offers a comprehensive set of teaching and learning materials to help students develop (...) the knowledge, self-awareness, and critical thinking skills required to handle values and ethical issues in all levels of practice--individual, family, group, organization, community, and social policy. BSW and MSW students will particularly appreciate how complex ethical obligations and theories have been translated into plain language. Additionally, the comprehensive set of case examples and exercises provides realistic scenarios to develop critical thinking and problem solving skills across a range of practice situations. (shrink)

This book provides the reader with a detailed and captivating account of the story where, for the first time, physicists ventured into proposing a new force of nature beyond the four known ones - the electromagnetic, weak and strong forces, and gravitation - based entirely on the reanalysis of existing experimental data. Back in 1986, Ephraim Fischbach, Sam Aronson, Carrick Talmadge and their collaborators proposed a modification of Newton's Law of universal gravitation. Underlying this proposal were three tantalizing pieces of (...) evidence: 1) an energy dependence of the CP (particle-antiparticle and reflection symmetry) parameters, 2) differences between the measurements of G, the universal gravitational constant, in laboratories and in mineshafts, and 3) a reanalysis of the Eötvos experiment, which had previously been used to show that the gravitational mass of an object and its inertia mass were equal to approximately one part in a billion. The reanalysis revealed that, contrary to Galileo's position, the force of gravity was in fact very slightly different for different substances. The resulting Fifth Force hypothesis included this composition dependence and also added a small distance dependence to the inverse-square gravitational force. Over the next four years numerous experiments were performed to test the hypothesis. By 1990 there was overwhelming evidence that the Fifth Force, as initially proposed, did not exist. This book discusses how the Fifth Force hypothesis came to be proposed and how it went on to become a showcase of discovery, pursuit and justification in modern physics, prior to its demise. In this new and significantly expanded edition, the material from the first edition is complemented by two essays, one containing Fischbach's personal reminiscences of the proposal, and a second on the ongoing history and impact of the Fifth Force hypothesis from 1990 to the present. <. (shrink)

As far back as we know, there have been individuals incapacitated by memories that have filled them with sadness and remorse, fright and horror, or a sense of irreparable loss. Only recently, however, have people tormented with such recollections been diagnosed as suffering from "post-traumatic stress disorder." Here Allan Young traces this malady, particularly as it is suffered by Vietnam veterans, to its beginnings in the emergence of ideas about the unconscious mind and to earlier manifestations of traumatic memory (...) like shell shock or traumatic hysteria. In Young's view, PTSD is not a timeless or universal phenomenon newly discovered. Rather, it is a "harmony of illusions," a cultural product gradually put together by the practices, technologies, and narratives with which it is diagnosed, studied, and treated and by the various interests, institutions, and moral arguments mobilizing these efforts. This book is part history and part ethnography, and it includes a detailed account of everyday life in the treatment of Vietnam veterans with PTSD. To illustrate his points, Young presents a number of fascinating transcripts of the group therapy and diagnostic sessions that he observed firsthand over a period of two years. Through his comments and the transcripts themselves, the reader becomes familiar with the individual hospital personnel and clients and their struggle to make sense of life after a tragic war. One observes that everyone on the unit is heavily invested in the PTSD diagnosis: boundaries between therapist and patient are as unclear as were the distinctions between victim and victimizer in the jungles of Southeast Asia. (shrink)

In this chapter, Ayn Rand's new concept of morality is contrasted with familiar concepts according to which morality is an imposition on an individual that demands that he forgo his own interests as a sacrifice, whether to other people or to God. This chapter explores Rand's view that man's life is the standard of value and looks at each value that John Galt describes as supreme and ruling and, then, at the range of other values that Rand thinks man's life. (...) In discussing the supreme and ruling values, the chapter considers the three virtues that correspond to them: rationality, productiveness, and pride. It also looks at the four remaining virtues Rand identifies such as independence, integrity, honesty, and justice. Rand's conception of justice and the facts it recognizes is powerfully illustrated in Atlas Shrugged. Finally, the chapter examines Rand's view of heroism, which is closely connected with her ethics. (shrink)

The Covid‐19 crisis has underscored the importance of the collection and analysis of clinical and research data and specimens for ongoing work. The federal government recently completed a related revision of the human subjects research regulations, founded in the traditional principles of research ethics, but in this commentary, we argue that the analysis underpinning this revision overemphasized the importance of informed consent, given the low risks of secondary research. Governing the interests of a community is different from governing the interests (...) of individuals, and here we suggest that, moving forward, the analyses of the risks of secondary research protocols be assessed from the perspective of the former. (shrink)

The first volume to offer a comprehensive scholarly treatment of Rand's entire corpus (including her novels, her philosophical essays, and her analysis of the events of her times), this Companion provides vital orientation and context for scholars and educated readers grappling with a controversial and understudied thinker whose enduring influence on American (and world) culture is increasingly recognized. The first publication to provide an in-depth scholarly treatment ranging over the whole of Rand's corpus. Provides informed contextual analysis for scholars in (...) a variety of disciplines. Presents original research on unpublished material and drafts from the Rand archives in California. Features insightful and fair-minded interpretations of Rand's controversial positions. (shrink)

This paper argues that the practical reach and ethical impact of the One Health paradigm is conditional on satisfactorily distinguishing between interconnected and interdependent factors among human, non-human, and environmental health. Interconnection does not entail interdependence. Offering examples of interconnections and interdependence in the context of existing One Health literature, we demonstrate that the conversations about One Health do not yet sufficiently differentiate between those concepts. They tend to either ignore such distinctions or embrace bioethically untenable positions. We conclude that (...) careful conceptual differentiation can prevent One Health stakeholders either from overreaching or under-reaching the practical and ethical boundaries of this developing paradigm. (shrink)

In this research, we examine the relationship between employee psychological entitlement and employee willingness to engage in unethical pro-organizational behavior. We hypothesize that a high level of PE—the belief that one should receive desirable treatment irrespective of whether it is deserved—will increase the prevalence of this particular type of unethical behavior. We argue that, driven by self-interest and the desire to look good in the eyes of others, highly entitled employees may be more willing to engage in UPB when their (...) personal goals are aligned with those of their organizations. Support for this proposition was found in Study 1, which demonstrates that organizational identification accentuates the link between PE and the willingness to engage in UPB. Study 2 builds on these findings by examining a number of mediating variables that shed light on why PE leads to a greater willingness among employees to engage in UPB. Furthermore, we explored the differential effects of PE on UPB compared to counterproductive work behavior. We found support for our moderated mediation model, which shows that status striving and moral disengagement fully mediate the link between PE and UPB. PE was also linked to CWB and was fully mediated by perceptions of organizational justice and moral disengagement. (shrink)

A highly accessible reading of Whitehead's writings on education and their connection to his metaphysics.

_A highly accessible reading of Whitehead's writings on education and their connection to his metaphysics._.

The nature and role of the patient in biomedicine comprise issues central to bioethical inquiry. Given its developmental history grounded firmly in a backlash against 20th-century cases of egregious human subjects abuse, contemporary medical bioethics has come to rely on a fundamental assumption: the unit of care is the autonomous self-directing patient. In this article we examine first the structure of the feminist social critique of autonomy. Then we show that a parallel argument can be made against relational autonomy as (...) well, demonstrating how this second concept of autonomy fails to take sufficiently into account an array of biological determinants, particularly those from microbial biology. Finally, in light of this biological critique, we question whether or to what extent any relevant and meaningful view of autonomy can be recovered in the contemporary landscape of bioethics. (shrink)

Oxford Scholarly Classics brings together a number of great academic works from the archives of Oxford University Press. Reissued in a uniform series design, they will enable libraries, scholars, and students to gain fresh access to some of the finest scholarship of the last century.

This book is about the idea that goodness is the correctness condition for desire, in the same way that truth is the correctness condition for belief. Allan Hazlett argues that, given this similarity between desire and belief, desires, like beliefs, can both amount to knowledge and be justified or unjustified.

What makes a good experiment? Although experimental evidence plays an essential role in science, as Franklin argues, there is no algorithm or simple set of criteria for ranking or evaluating good experiments, and therefore no definitive answer to the question. Experiments can, in fact, be good in any number of ways: conceptually good, methodologically good, technically good, and pedagogically important. And perfection is not a requirement: even experiments with incorrect results can be good, though they must, he argues, be methodologically (...) good, providing good reasons for belief in their results. Franklin revisits the same important question he posed in his 1981 article in the British Journal for the Philosophy of Science, when it was generally believed that the only significant role of experiment in science was to test theories. But experiments can actually play a lot of different roles in science--they can, for example, investigate a subject for which a theory does not exist, help to articulate an existing theory, call for a new theory, or correct incorrect or misinterpreted results. This book provides details of good experiments, with examples from physics and biology, illustrating the various ways they can be good and the different roles they can play. (shrink)

ArgumentNeuroscience research has created multiple versions of the human brain. The “social brain” is one version and it is the subject of this paper. Most image-based research in the field of social neuroscience is task-driven: the brain is asked to respond to a cognitive stimulus. The tasks are derived from theories, operational models, and back-stories now circulating in social neuroscience. The social brain comes with a distinctive back-story, an evolutionary history organized around three, interconnected themes: mind-reading, empathy, and the emergence (...) of self-consciousness. This paper focuses on how empathy has been incorporated into the social brain and redefined via parallel research streams, employing a shared, imaging technology. The concluding section describes how these developments can be understood as signaling the emergence of a new version of human nature and the unconscious. My argument is not that empathy in the social brain is a myth, but rather that it is served by a myth consonant with the canons of science. (shrink)

This chapter discusses a pair of interrelated theses that are hallmarks of Objectivism: the benevolent universe premise and the heroic view of man. These theses are dramatic consequences of the defining essentials of the philosophy, and they are central to the sense of life conveyed by Ayn Rand's novels. The benevolent universe premise permeates all her novels, and much of her non‐fiction, but it seems that she first conceptualized this view under this name sometime in the 1940s. The benevolent universe (...) premise is what Rand calls a metaphysical value‐judgment. It is metaphysical in that it answers a question about the nature of the universe. The chapter briefly describes the heroic view of man, looking not at the content of Rand's view of heroism, but at how this view of heroism colored her view of humanity and of specific human beings. (shrink)