This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict liability (...) offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”. (shrink)

I defend and revise the systematic account of normative functions (teleofunctions), as recently developed by Gerhard Schlosser and by W. D. Christensen and M. H. Bickhard. This account proposes that teleofunctions are had by structures that play certain kinds of roles in complex systems. This theory is an alternative to the historical etiological account of teleofunctions, developed by Ruth Millikan and others. The historical etiological account is susceptible to a general ontological problem that has been under-appreciated, and that offers important (...) reasons to adopt the systematic account. However, the systematic account must be revised to allow for two distinct kinds of teleofunctions in order to avoid another ontological problem. (shrink)

This article presents a process account of some typicality effects and related similarity-dependent accuracy and response time phenomena that arise in the context of supervised concept acquisition. We describe Symbolic Concept Acquisition (SCA), a computational system that acquires and activates category prediction rules. In contrast to gradient representations, SCA performs by probing for prediction rules in a series of discrete steps. For learning new rules, it acquires general rules but then incrementally learns more specific ones. In describing SCA, we emphasize (...) its functionality in terms of accuracy and efficiency and motivate its design within the set of symbolic mechanisms and memory structures defined by the Soar architecture (Laird, Newell & Rosenbloom, 1987). For replicating human behavior, we first show how SCA exhibits some typicality effects in the course of learning responding faster and more accurately to more typical test examples. Then, using data from human experiments, we evaluate SCA's qualitative predictions on accuracy and response time on individual dataset instances. We show how SCA's predictions correlate with human data across three experimental conditions concerning the effect of instruction on learning strategy. (shrink)

Recent evidence on intertemporal choice suggests that decision-makers may exhibit both increasing and decreasing impatience simultaneously, called inverse-S discounting. This paper introduces trichotomic discounted utility to model inverse-S discounting. Under trichotomic discounted utility the decision-maker distinguishes between short-term delays, medium-term delays, and long-term delays. Exponential discounting holds within each category, but not necessarily across each category. We provide preference foundations for trichotomic discounted utility in the timed outcomes framework and in the consumption streams framework. The key axiom is a weakening (...) of the time consistency axiom that allows for both increasing and decreasing impatience. We also consider a weak, local version of time consistency, and show that this plausible condition is satisfied only by discount functions with exponential “pieces”. (shrink)

The publication in theJournal of the American Medical Association of a narrative entitled “It's Over, Debbie,” in which a gynecology resident apparently performs euthanasia, has stirred considerable debate characterized by varying interpretations not only of the ethical issues involved but of the meaning of the text itself. Formal analysis reveals the narrative to be strikingly literary in its ambiguity, its foregrounding of its own textuality, and its dominant structure of repetition and reversal. The analysis points to features that account for (...) some of the varying interpretations in the debate, and it calls into question the relation of the text to whatever events it may represent and to how the resident may have perceived these events. (shrink)

This study examined the constraining effect of economic performance on the relationship between CEO stakeholder orientations and four pollution performance categories. Economic performance was found to moderate the relationship for two of the four categories. Additionally economic performance was found to consistently interact with some CEO stakeholder orientations and not others. Overall the results suggest that CEO concern with stakeholder expectations is in large part moderate by the economic performance of the firm.

Experimental studies suggest that individuals exhibit more risk aversion in choices among prospects when the payment and resolution of uncertainty are immediate relative to when it is delayed. This leads to preference reversals that cannot be attributed to discounting. When data suggest that utility is time-independent, probability weighting functions, such as those used to model prospect theory preferences, can accommodate such reversals. We propose a simple descriptive model with a two-parameter probability weighting function where one of these parameters depends on (...) the time at which a prospect is resolved. The time-dependent parameter is responsible for the curvature of the probability weighting function and is regarded as an index of sensitivity towards changes in probabilities. We provide conditions that characterize increased sensitivity towards more distant probabilities; this can account for the observed relatively less risk aversion towards delayed prospects. In our framework, the discount function is unrestricted, such that the model is compatible with empirical findings of non-constant discounting. In a simple application to bargaining we illustrate when it is advantageous for an individual to advance or delay the bargaining resolution time if an opponent displays increased sensitivity towards probability changes with delay. (shrink)

In recent years, the construct of character has received substantial attention among developmental scientists, but no consensus exists about the content and structure of character, especially among children and early adolescents. In a study of positive development among racially diverse Cub Scouts in the greater Philadelphia area, we assessed the construct and concurrent validity of a new measure of character, the Assessment of Character in Children and Early Adolescents, among 906 Scouts and 775 non-Scout boys and girls. We identified an (...) eight-correlated-factor model as providing the best fit with our data. We further established measurement invariance and explored latent mean differences for ACCEA scores across two Scout groups, non-Scout boys and non-Scout girls. Girls were generally superior than boys on all character attributes. We further examined concurrent validity of ACCEA by correlating the character attributes with youth sense of school competence, intentional self-regulation and parental perception of youth school performance. We discuss implications for future character research and point to the value of the ACCEA measure being used by practitioners in character development programs. (shrink)

Psychopathy refers to a range of complex behaviors and personality traits, including callousness and antisocial behavior, typically studied in criminal populations. Recent studies have used self-reports to examine psychopathic traits among noncriminal samples. The goal of the current study was to examine the underlying factor structure of the Self-Report of Psychopathy Scale–Short Form (SRP-SF) across complementary samples and examine the impact of gender on factor structure. We examined the structure of the SRP-SF among 2,554 young adults from three undergraduate samples (...) and a high-risk young adult sample. Using confirmatory factor analysis, a four-correlated factor model and a four-bifactor model showed good fit to the data. Evidence of weak invariance was found for both models across gender. These findings highlight that the SRP-SF is a useful measure of low-level psychopathic traits in noncriminal samples, although the underlying factor structure may not fully translate across men and women. (shrink)

Self-regulation in early childhood is an important predictor of success across a variety of indicators in life, including health, well-being, and earnings. Although conceptually self-regulation has been defined as multifaceted, previous research has not investigated whether there is conceptual and empirical overlap between the factors that comprise self-regulation or if they are distinct. In this study, using a bifactor model, we tested the shared and unique variance among self-regulation constructs and prediction to pre-academic and social-emotional skills. The sample included 932 (...) preschool children, their parents, and their teachers in the United States. Children’s self-regulation was assessed using measures of executive function, behavioral self-regulation, and emotion regulation. The bifactor model demonstrated a common overarching self-regulation factor, as well as distinct executive function and emotion regulation factors. The common overarching self-regulation factor and executive function predicted children’s pre-academic and social-emotional skills. The emotion regulation factor predicted children’s social-emotional skills. Identifying the shared and unique aspects of self-regulation may have important implications for supporting children’s regulatory skills as well as their success in school. (shrink)

Public health care interventions—regarding vaccination, obesity, and HIV, for example—standardly take the form of information dissemination across a community. But information networks can vary importantly between different ethnic communities, as can levels of trust in information from different sources. We use data from the Greater Pittsburgh Random Household Health Survey to construct models of information networks for White and Black communities--models which reflect the degree of information contact between individuals, with degrees of trust in information from various sources correlated with (...) positions in that social network. With simple assumptions regarding belief change and social reinforcement, we use those modeled networks to build dynamic agent-based models of how information can be expected to flow and how beliefs can be expected to change across each community. With contrasting information from governmental and religious sources, the results show importantly different dynamic patterns of belief polarization within the two communities. (shrink)

Boyer's formulation neglects that humans are embodied agents. It is a biological imperative to distinguish self from other. Ownership of ideas, bodies, objects, and locations is an inevitable extension of this. We argue that (1) the body's capability influences the inputs that guide future actions, and (2) bodies in action influence all of cognition, from perception to decision making.

Most theories of affective influences on judgement and choice take a valence-based approach, contrasting the effects of positive versus negative feeling states. These approaches have not specified if and when distinct emotions of the same valence have different effects on judgement. In this article, we propose a model of emotion-specific influences on judgement and choice. We posit that each emotion is defined by a tendency to perceive new events and objects in ways that are consistent with the original cognitive-appraisal dimensions (...) of the emotion. To pit the valence and appraisal-tendency approaches against one another, we present a study that addresses whether two emotions of the same valence but differing appraisals—anger and fear—relate in different ways to risk perception. Consistent with the appraisal-tendency hypothesis, fearful people made pessimistic judgements of future events whereas angry people made optimistic judgements. In the Discussion we expand the proposed model and review evidence supporting two social moderators of appraisal-tendency processes. (shrink)

Cognitive reappraisal is an important emotion regulation strategy that shows considerable developmental change in its use and effectiveness. This paper presents a systematic review of the evidence base regarding the development of cognitive reappraisal from early childhood through adolescence and provides methodological recommendations for future research. We searched Scopus, PsycINFO, and ERIC for empirical papers measuring cognitive reappraisal in normative samples of children and youth between the ages of 3 and 18 years published in peer-reviewed journals through August 9th, 2018. (...) We identified 118 studies that met our inclusion criteria. We first present a quantitative review of the methodologies used to investigate cognitive reappraisal in children and adolescents, with attention to variations in methodologies by the sample age range. We then present a qualitative review of findings with attention to: the age at which children begin to effectively use cognitive reappraisal to regulate their emotions, and developmental changes in cognitive reappraisal from early childhood through adolescence. We consider how methodological differences may contribute to inconsistencies in findings, highlight gaps in the literature that remain to be addressed, and make recommendations for future directions. (shrink)

A model of autobiographical remembering and the creation of personal culture is proposed. In this model we hypothesize that autobiographical memories are instantiations--objectifications as in metaphors or idioms-constituted through reconstructive processes that come to be recognized as self. Such memories are subsequently subjectified as personal culture. Our emphasis is on the functions and uses of autobiographical remembering, especially in interaction with others, where reconstructed memories are marked with affective significance. We propose that memories become autobiographical as a function of how (...) they are used--to establish and maintain intimacies or to calm ourselves during times of hightened anxiety-and signified by affect and emotion. From an object-relations theory perspective, autobiographical memories are seen as transitional phenomena (selfobjects) that reconstitue caregiving relationships both when we are alone and when we are interacting with others. (shrink)

The integration of digital phenotyping in psychiatry promises unprecedented insights into mental health, particularly in college settings where mental well-being is a growing concern. The COVID-19...

Informed consent documents are central to the informed consent process and are required for participation in clinical trials in the U.S. The primary purpose of the document is “to assist a prospect...

McCullough et al. propose an evolved cognitive revenge system which imposes retaliatory costs on aggressors. They distinguish between this and other forms of punishment (e.g., those administered by judges) which are not underpinned by a specifically designed evolutionary mechanism. Here we outline mechanisms and circumstances through which the revenge system might nonetheless infiltrate decision-making within the criminal justice system.

Miguel is an eighteen‐year‐old male transferred to Alamo Hospital for antivenom treatment after a rattlesnake bite while sleeping on railroad tracks. His “coyote,” an individual who guides undocumented people across the U.S. border from Mexico, dropped him off at a clinic. By the time Miguel was transferred from the clinic to Alamo, he was in complete paralysis and at risk for heart failure, requiring ventilator support to breathe. A person who receives treatment for a snake bite within one to two (...) hours has a 99 percent chance of recovery, but for Miguel, at least fifteen hours had already passed. A hospital ethicist at Alamo contacted the Mexican consulate, and together they arranged for Miguel's father to come to Alamo and make decisions for him. His physicians have determined that he is in a persistent vegetative state and can no longer benefit from hospital treatment. However, no long‐term care facility will accept him. Miguel is undocumented and unfunded. Miguel's father wishes to take his son home, but the cost of transporting him is high,and their home state in Mexico has no ventilator available for him and no consistent supply of electricity to run it. What should the hospital do? (shrink)

All those interested in the thought of St Thomas Aquinas, and more generally contemporary Catholic scholarship, problems in philosophy of religion, and ...