Surgical devices are often marketed before there is good evidence of their safety and effectiveness. Our paper discusses the ethical issues associated with the early marketing and use of new surgical devices from the perspectives of the six groups most concerned. Health Canada, which is responsible for licensing new surgical devices, should amend their requirements to include rigorous clinical trials that provide data on effectiveness and safety for each new product before it is marketed. Industry should comply with all Health (...) Canada requirements to obtain licenses for new products. Until Health Canada requires effectiveness and safety data, industry should cooperate with physicians in appropriate studies before releasing new products and should make balanced presentations of all the available evidence. Surgeons should, before using a new surgical device, assess the evidence on its effectiveness and safety and ensure they are properly trained and competent in using the device. Surgeons should provide their patients with an evaluation of the available evidence and inform them about possible complications and the surgeon's level of experience with the new device. Patients, who should be given an honest evaluation of the available evidence, possible complications, and the surgeon's experience, should be encouraged to evaluate the evidence and information to their own satisfaction to ensure that fully informed consent is given. Health institutions, responsible for regulating practice within their walls, should review new devices for safety, effectiveness, and economic impacts, before allowing their use. They should also limit the use of new surgical devices to surgeons trained and competent in the new technology. Professional societies should provide guidance on the early adoption of new surgical devices and technologies. We urge all those involved in the development, licensing, and use of new surgical devices to aim for higher ethical standards to protect the health and safety of patients requiring surgery. The lowest acceptable ethical standard would require device manufacturers to provide surgeons with accurate and timely information on the efficacy and safety of their products, allowing surgeons and patients to evaluate the evidence (and the significance of information not yet available) before surgery. (shrink)

The Iran depicted in the headlines is a rogue state ruled by ever-more-defiant Islamic fundamentalists. Yet inside the borders, an unheralded transformation of a wholly different political bent is occurring. A “liberal renaissance,” as one Iranian thinker terms it, is emerging in Iran, and in this pamphlet, Danny Postel charts the contours of the intellectual upheaval. _Reading "Legitimation Crisis" in Tehran_ examines the conflicted positions of the Left toward Iran since 1979, and, in particular, critically reconsiders Foucault’s connection to (...) the Iranian Revolution. Postel explores the various elements of the subtle liberal revolution and proposes a host of potential implications of this transformation for Western liberalism. He examines the appeal of Jürgen Habermas, Hannah Arendt, and Isaiah Berlin among Iranian intellectuals and ponders how their ideas appear back to us when refracted through a Persian prism. Postel closes with a thought-provoking conversation with eminent Iranian philosopher Ramin Jahanbegloo. A provocative and incisive polemic highly relevant to our times, _Reading "Legitimation Crisis" in Tehran_ will be of interest to anyone who wants to get beyond alarmist rhetoric and truly understand contemporary Iran. (shrink)

The computation of both Scalar Implicatures (SI) and Association with Focus (AF) is characterized with reference to sets of alternatives. However, it has generally been assumed that the relevant alternatives are determined in different ways for the two processes. Specifically, it has been assumed that the alternatives for SI – scalar alternatives – are computed by a special procedure specifically designed for implicatures, whereas the alternatives for AF – focus alternatives – are determined by the general theory of association with (...) focus – focus semantics. As far as we know, the only attempt to connect the two is Krifka (1995), under which scalar alternatives and focus alternatives are identical and determined by focus semantics. However, Krifka’s result is based on a specific stipulation about scalar items, which he borrows from Horn and incorporates into focus semantics, namely that scalar items are inherently focused and have their Horn Scale as their lexically specified focus values. (shrink)

Social science employs teleological explanations which depend upon the rationality principle, according to which people exhibit instrumental rationality. Popper points out that people also exhibit critical rationality, the tendency to stand back from, and to question or criticise, their views. I explain how our critical rationality impugns the explanatory value of the rationality principle and thereby threatens the very possibility of social science. I discuss the relationship between instrumental and critical rationality and show how we can reconcile our critical rationality (...) with the possibility of social science if we invoke Popper’s conception of limited rationality and his indeterminism. (shrink)

This paper will be concerned with the conjunctive interpretation of a family of disjunctive constructions. The relevant conjunctive interpretation, sometimes referred to as a “free choice effect,” (FC) is attested when a disjunctive sentence is embedded under an existential modal operator. I will provide evidence that the relevant generalization extends (with some caveats) to all constructions in which a disjunctive sentence appears under the scope of an existential quantifier, as well as to seemingly unrelated constructions in which conjunction appears under (...) the scope of negation and a universal quantifier. (shrink)

Building on previous works which argued that scalar implicatures can be computed in embedded positions, this paper proposes a constraint on exhaustification which restricts the conditions under which an exhaustivity operator can be licensed. We show that this economy condition allows us to derive a number of generalizations, such as, in particular, the ‘Implicature Focus Generalization’: scalar implicatures can be embedded under a downward-entailing operator only if the scalar term bears pitch accent. Our economy condition also derives specific predictions regarding (...) the licensing of so-called Hurford disjunctions. (shrink)

We present an argument for revising the theory of alternatives for Scalar Implicatures and for Association with Focus. We argue that in both cases the alternatives are determined in the same way, as a contextual restriction of the focus value of the sentence, which, in turn, is defined in structure-sensitive terms. We provide evidence that contextual restriction is subject to a constraint that prevents it from discriminating between alternatives when they stand in a particular logical relationship with the assertion or (...) the prejacent, a relationship that we refer to as symmetry. Due to this constraint on contextual restriction, discriminating between alternatives in cases of symmetry becomes the task of focus values. This conclusion is incompatible with standard type-theoretic definitions of focus values, motivating our structure-sensitive definition instead. (shrink)

There is ample discussion of MBA self-serving values in the corporate social responsibility literature, and yet empirical studies regarding the corporate manifestations and consequences of those values are scant. In a comprehensive study of major US public corporations, we find that MBA CEOs are more apt than their non-MBA counterparts to engage in short-term strategic expedients such as positive earnings management and suppression of R&D, which in turn are followed by compromised firm market valuations.

The notion of measurement plays a central role in human cognition. We measure people’s height, the weight of physical objects, the length of stretches of time, or the size of various collections of individuals. Measurements of height, weight, and the like are commonly thought of as mappings between objects and dense scales, while measurements of collections of individuals, as implemented for instance in counting, are assumed to involve discrete scales. It is also commonly assumed that natural language makes use of (...) both types of scales and subsequently distinguishes between two types of measurements. This paper argues against the latter assumption. It argues that natural language semantics treats all measurements uniformly as mappings from objects (individuals or collections of individuals) to dense scales, hence the Universal Density of Measurement (UDM). If the arguments are successful, there are a variety of consequences for semantics and pragmatics, and more generally for the place of the linguistic system within an overall architecture of cognition. (shrink)

Recently there has been a lively revival of interest in implicatures, particularly scalar implicatures. Building on the resulting literature, our main goal in the present paper is to establish an empirical generalization, namely that SIs can occur systematically and freely in arbitrarily embedded positions. We are not so much concerned with the question whether drawing implicatures is a costly option (in terms of semantic processing, or of some other markedness measure). Nor are we specifically concerned with how implicatures come about (...) (even though, to get going, we will have to make some specific assumptions on this matter). The focus of our discussion is testing the claim of the pervasive embeddability of SIs in just about any context, a claim that remains so far controversial. While our main goal is the establishment of an empirical generalization, if we succeed, a predominant view on the division of labor between semantics and pragmatics will have to be revised. A secondary goal of this paper is to hint at evidence that a revision is needed on independent grounds. But let us first present, in a rather impressionistic way, the reasons why a revision would be required if our main generalization on embedded SIs turns out to be correct. In the tradition stemming from Grice (1989), implicatures are considered a wholly pragmatic phenomenon and SIs are often used as paramount examples. Within such a tradition, 㳊 semantics is taken to deal with the compositional construction of sentence meaning (a term which we are using for now in a loose, non technical way), while pragmatics deals with how sentence meaning is actually put to use (i.e. enriched and possibly modified through reasoning about speakers’ intentions, contextually relevant information, etc.). Simply put, on this view pragmatics takes place at the level of complete utterances and pragmatic enrichments are a root phenomenon (something that happens globally to sentences) rather than a compositional one.. (shrink)

In this paper, the process for firms to decide whether or not to invest in corporate social responsibility is treated from a real option perspective. We extend the Husted framework with an important extra parameter that allows us to understand the timing of CSR investment and explain why some companies drag their feet over CSR investments. Our model explicitly allows for the impact of the opportunity cost of delaying the CSR investment decision, providing firms with tools to determine the optimal (...) moment of exercising the CSR investment option. We illustrate our timing model through a case study and analyze governmental support strategies for CSR from a real options perspective. (shrink)

The article examines the compatibility of agonistic democracy and populism as well as their relationship to the idea of constitutionalism. The first part shows that Chantal Mouffe’s recent attempts to reconcile her normative approach of an agonistic pluralism with a populist style of politics are not fully convincing. Although there are undeniable commonalities between an agonistic and a populist understanding of politics – the appreciation of conflict, the rejection of moralistic and juridical modes of conflict resolution etc. – the populist (...) mode of the construction of the people risks impeding the transformation of antagonistic into agonistic modes of political contest. The tensions between agonism and populism are especially evident in matters of constitutionalism. This topic is examined in the second part of the article, which provides some ideas for reducing the normative and institutional blind spots of contemporary theories of agonistic democracy. It focuses on elementary principles for an agonistic concept of democratic constitutionalism that differs from the populist view of the relationship between politics and law, especially in respect of its interpretation of the concept of ‘resistibility’ of legal norms. (shrink)

In a recent paper, Martin Hackl and I identified a variety of circumstances where scalar implicatures, questions, definite descriptions, and sentences with the focus particle only are absent or unacceptable (Fox and Hackl 2006, henceforth F&H). We argued that the relevant effect is one of maximization failure (MF): an application of a maximization operator to a set that cannot have the required maximal member. We derived MF from our hypothesis that the set of degrees relevant for the semantics of degree (...) constructions is always dense (the Universal Density of Measurement, UDM). The goal of this paper is to present an apparent shortcoming of F&H and to argue that it is overcome once certain consequences of the proposal are shown to follow from more general properties of MF. Specifically, the apparent problem comes from evidence that the core generalizations argued for in F&H extend to areas for which an account in terms of density is unavailable. Nevertheless, I will argue that the account could still be right. Certain dense sets contain "too many alternatives" for there to be a maximal member, thus leading to MF. But, there are other sets that lead to the same predicament. My goal will be to characterize a general signature of MF in the hope that it could be used to determine the identity of alternatives in areas where their identity is not clear on independent grounds. (shrink)

This paper argues that “covert” operations like Quantifier Raising (QR) can precede “overt” operations. Specifically we argue that there are overt operations that must take the output of QR as their input. If this argument is successful there are two interesting consequences for the theory of grammar. First, there cannot be a “covert” (i.e. post-spellout) component of the grammar. That is, what distinguishes operations that affect phonology from those that do not cannot be an arbitrary point in the derivation (“spellout”) (...) before which the former apply and after which the latter do; all syntactic operations apply in the same component (henceforth ‘single component grammar’). Second, there must be some alternative means for distinguishing “overt” from “covert” operations. One such alternative, which we can call the ‘phonological theory of QR’, was suggested by Bobaljik (1995), Pesetsky (1998), Groat and O’Neil (1994). These authors proposed that the distinguishing property has to do with principles of the syntax-phonology interface. Assume that movement is a copying operation with phonology targeting one copy in a chain for pronunciation. The distinction between “overt” and “covert” movement, these authors suggest, is this: “overt” movements are the result of phonology targeting the head of a chain for.. (shrink)

The patient we call Danny was a mildly mentally retarded male in his mid-thirties who adamantly refused kidney dialysis when it was offered as the only therapeutic option for his progressive kidney failure. It was uncertain how fully Danny understood the implications of his refusal. To complicate the case still further, several “advocates” emerged to speak on Danny's behalf — each with a somewhat different interpretation of the situation and different sets of value presuppositions and ethical principles (...) to apply to the choice. We chronicle the development of this situation through a series of scenes; and in each scene we also attempt to clarify the ethical and medico-legal issues involved at that point. Danny was finally permitted to make this decision for himself — though more by default than by an agreement by all parties to honor his autonomy. Our hope is that this presentation will lead to further discussion and clarification of these important issues. (shrink)

A Logical Form (LF) is a syntactic structure that is interpreted by the semantic component. For a particular structure to be a possible LF it has to be possible for syntax to generate it and for semantics to interpret it. The study of LF must therefore take into account both assumptions about syntax and about semantics, and since there is much disagreement in both areas, disagreements on LF have been plentiful. This makes the task of writing a survey article in (...) the field fairly difficult, a difficulty that is amplified by the amount of material that needs to be covered if the result is going to be in any way representative. My response to this difficulty is to limit my objectives. As a start, I will confine myself to issues relating to the syntactic positions of Quantificational Noun Phrases (QNPs) at LF and to various interpretive consequences. But even within these relatively narrow confines, I will not attempt anything close to a comprehensive survey. Instead my goal will be restricted to the presentation of one leading idea and to the discussion of some evidence that might bear on it.1 Much research on the nature of LF has consisted in attempts to account for the meaning of sentences containing QNPs. (shrink)

The patient we call Danny was a mildly mentally retarded male in his mid-thirties who adamantly refused kidney dialysis when it was offered as the only therapeutic option for his progressive kidney failure. It was uncertain how fully Danny understood the implications of his refusal. To complicate the case still further, several “advocates” emerged to speak on Danny's behalf — each with a somewhat different interpretation of the situation and different sets of value presuppositions and ethical principles (...) to apply to the choice. We chronicle the development of this situation through a series of scenes; and in each scene we also attempt to clarify the ethical and medico-legal issues involved at that point. Danny was finally permitted to make this decision for himself — though more by default than by an agreement by all parties to honor his autonomy. Our hope is that this presentation will lead to further discussion and clarification of these important issues. (shrink)

This paper argues in favor of two claims: (a) that Scope Shifting Operations (Quantifier Raising and Quantifier Lowering) are restricted by economy considerations, and (b) that the relevant economy considerations compare syntactic derivations that end up interpretively identical. These ideas are shown to solve several puzzles having to do with the interaction of scope with VP ellipsis, coordination, and the interpretation of bare plurals. Further, the paper suggests a way of dealing with the otherwise puzzling clause-boundedness of Quantifier Raising.

Scanlon (2008) has argued that his theory of permissibility (STP) has more explanatory power than the Doctrine of Double Effect (DDE). I believe this claim is wrong. Borrowing Michael Walzer’s method of inquiry, I will evaluate the explanatory virtue of these accounts by their understanding of actual moral intuitions originated in historical cases. Practically, I will evaluate these accounts as they explain cases of hostage crises. The main question in this context is: is it permissible that nation-states act with military (...) force in order to liberate hostages, even if those actions put the lives of the hostages at risk? The first part of this paper has an operative reconstruction of the relevant theories. In the second section, two cases of hostage crises will be considered: the Moscow theater hostage crisis of 2002, and the Jaque Operation, which occurred in Colombia in 2008. Additionally, it will be shown that DDE explains these cases better than STP. Finally, this paper offers a critical analysis of Scanlon’s account of the explanatory power of both STP and DDE. (shrink)

This paper examines footraces that are paced and unpaced, and runners who are pre-arranged, designated pacers and those who are not. Although pacesetting is commonplace in footraces today, the practice challenges our conception of sport competition, the nature of competitors and the meaning of records. For example, Bale calls paced races as ‘staged experiments’ to set world records and argues that pacers were crucial in the running career of Roger Bannister. In 2011, the International Association of Athletics Federation banned women’s (...) world records in mixed gender running events, like major marathons, because women were paced by male runners. By examining these cases and others, the authors here will claim paced footraces are qualitatively different than unpaced competitions, pacers introduce peculiar motives and intentions as competitors, women should not be denied opportunities to excel and perform at their very best, and the 2011 IAAF policy is unjustified. (shrink)

Judith Jarvis Thomson and others contend that rights are pro-tanto rather than absolute, that is, that rights may permissibly be infringed in some circumstances. Alan Gewirth maintains that there are some rights that are absolute because infringing them would amount to unspeakable evil. However, there seem to be possible circumstances in which it would be permissible to infringe even those rights. Specificationists, such as Gerald Gaus, Russ Shafer-Landau, Hillel Steiner and Kit Wellman, argue that all rights are absolute because they (...) have implicit exceptions, the exceptions being either right-voiding or right-compatible. Specificationists have charged pro-tantoism with preventing rights from being action-guiding, and pro-tantoists have levelled the same charge against specificationism. I show that both charges are mistaken. Pro-tantoists claim that specificationists cannot account for the moral remainder that we recognise in some circumstances and which can be explained by reference to a permissible right-infringement. Specificationists retort that the moral remainder can be explained by invoking compensation-rights. I show that the pro-tantoist claim is true and that the specificationist retort is false on two counts: explanation in terms of compensation-rights is not applicable to all cases; and it fails to account for the moral dynamic in the cases to which it is applicable. The contention that rights are pro-tanto does not conflict with the substance of the contention that rights are trumps, despite claims of specificationists to the contrary. (shrink)

The literature on the interplay between geographic communities and organizations has largely ignored the role of individual residents. In adopting a meso-perspective, we examine a potentially vital relationship between corporate conduct and pro-social behavior demanding sacrifice from individuals. Drawing on Weber ), we theorize that organizations in a community legitimize personal social conduct in three ways—by serving as role models, imparting norms and values, and routinizing forms of interaction. We study the relationship between corporate social responsibility behavior by local firms (...) and the social distancing of citizens in US counties during the Covid-19 pandemic, a core ethical outcome. We argue and find that the residents of communities in which firms exhibit higher levels of CSR engaged in more SD during the Covid-19 pandemic. This was true when firms were long-established, isomorphic in their CSR, and major employers and vendors. Moreover, CSR relating to the treatment of employees as well as positive and negative extremes in CSR bore especially strong relationships with SD. Implications are drawn for the study of business ethics, as modeled by CSR, as a force for ethical personal behavior and public health in communities. (shrink)

It is well-known that constructions involving ellipsis share many properties with constructions that involve phonological reduction. The similarity between ECs and PRCs is semantic: the interpretation of both is constrained by the interpretation of an antecedent. Rooth and Tancredi have pointed out that this similarity follows from an independently needed theory of focus.

This review essay has two divisions. In its first division it sets out a brief overview of recent Marxist research in the field of ‘Romanticism’, identifying two major lines of inquiry. On the one hand, the attempt to expand our sense of what might constitute a ruthless critique of social relations; on the other, an attempt to develop a materialist account of aesthetic disengagement. This first division concludes with an extended summary of John Barrell’s account of the treason trials of (...) the middle 1790s, as set out in his bookImagining the King’s Death. It argues that Barrell’s book is the most significant recent work belonging to the second line of inquiry. In its second division the review responds to Barrell’s concluding discussion, in which the aesthetic consequences of the treason trials are established by means of a close reading of some of the poetry of Samuel Taylor Coleridge. The division finishes with some more general remarks on the subject of a materialist aesthetics of disengagement. (shrink)

It is well known that in Sluicing constructions wh-dependencies can cross certain projections that are otherwise barriers to movement (Ross (1969), Chomsky (1972)). This fact would follow under the assumption that the relevant barriers are somehow deactivated when phonologically deleted ('island repair'). The problem, however, is that another form of phonological deletion (VP Ellipsis, VPE) seems to be impossible in certain contexts where Sluicing allows for island repair (Chung et al. (1995), Merchant (1999)).

The article deals with the question of whether or under which circumstances it is reasonable to interpret some forms of illegal state action as civil disobedience and whether republican political theory can make a difference to the justification of those actions. It is argued that the theory of freedom as non-domination and the interpretation of the right to participation as the “right of rights” in a legitimate state provide a better justificatory scheme for cases in which developing or emerging countries (...) break international trade laws for the purpose of protecting constitutional rights than Rawls’ theory of civil disobedience, because it takes the problem of power asymmetries in international relations and the status of social rights more seriously. However, these republican standards do not offer different practical solutions for a specific type of state disobedience, humanitarian intervention, because transferring the standards of non-domination and the fundamental right to participation to international relations would lead to a “maximalist” interpretation of human rights, which would undermine the function of such interventions as an instrument of last resort against oppressive governments. (shrink)

The article inquires about the role of language in Cristina Peri Rossi’s Panic Signs [Indicios pánicos]. The hypothesis of the work is that language, as a mimetic instrument of representation and creation, established itself as a way to upgrade the relations of power during the Uruguayan pre-dictatorship. Being a qualitative research based on a hermeneutical approach, the article has the following aims: i) reconstruct the background to the dictatorship leaded by Juan Maria Bordaberry, ii) frame the work within the tradition (...) of dictator novel following Lukács’ socio-critical approach and Pierre Bourdieu’s field theory, iii) explain how language works as an instrument of representation and power, iv) analyze Peri Rossi’s work in the light of the aforementioned framework. It concludes, first, that the work responds to a mimetic language of representation, which involves taking a stance that is based on the notions of hegemony or counter-hegemony; and, second, that provided the scarce studies concerning the circumstantial situations of the work, the article might be regarded as a significant contribution to literary criticism. (shrink)

Many contemporary legal positivists have argued that legal theory is evaluative because it requires the theorist to make judgments of importance. At the same time they argue that it is possible to know without resort to evaluative considerations. I distinguish between two senses of : in one sense it refers to legal validity, in another to the content of legal norms, and I argue that legal positivism is best understood (as indeed some legal positivists have explicitly said) as a claim (...) about legal content. Understood this way, however, it is open to the objection that knowing the content of legal norms requires evaluative considerations for reasons similar to those offered by positivists for thinking that legal theory is requires evaluative considerations. I then distinguish between evaluative considerations in general and moral considerations and argue that because of the subject-matter of legal norms, there are good reasons for thinking that it is moral considerations, and not just any other evaluative considerations, that are required for knowing the content of legal norms. (shrink)

The neo-Gricean account: the source of these scalar implicatures is a reasoning process (undertaken by the hearer), which culminates in an inference about the belief state of the speaker.

Using a signaling framework, we argue that ethical behavior as evidenced by charitable donations is viewed more positively by investors when seen not to be based on self-serving motives but rather on authentic generosity that builds moral capital. The affirmed religiosity of CEOs may make their ethical position more credible, while their embeddedness within a family business suggests that CEOs are backed by powerful owners with long-time horizons and a desire to build moral capital with stakeholders. We find in a (...) study of market responses to 1572 corporate donations by S&P 1500 firms that financial markets react more positively to charitable initiatives from firms with religion-declared CEOs, but only if these are family businesses. (shrink)

Overview CHARLES E. CATON The part of philosophy known as the philosophy of language, which includes and is sometimes identified with the part known as ...

Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the aim should be (...) to discover the values because of which certain things in the world are classified as law and others as non-law. Focusing on those would give us a more insight to the roles law plays in society, as well as more illuminating answers to traditional jurisprudential questions like the status of law in evil regimes. (shrink)

I criticize Brian Earp's ‘Some Writing Tips for Philosophy’. Earp's article is useful for someone who wishes to do well in analytic philosophy as currently practised but it also casts doubt on why such analytic philosophy would be of interest to someone who wants to learn something new. In addition to its good tips, Earp's article contains two bad tips which, if followed, will tend to produce a paper that says next to nothing. I list the two faulty tips, show (...) how the practices of great philosophers and scientists contradict them, then set out some contrary good tips for philosophers who aim to write a paper that makes a contribution to our knowledge. (shrink)