Court D. Lewis, author of Repentance and the Right to Forgiveness, presents a rights-based theory of ethics grounded in eirenéism, a needs-based theory of rights (inspired by Nicholas Wolterstorff) that seeks peaceful flourishing for all moral agents. This approach creates a moral relationship between victims and wrongdoers such that wrongdoers owe victims compensatory obligations. However, one further result is that wrongdoers may be owed forgiveness by victims. This leads to the “repugnant implication” that victims may be wrongdoers who do (...) not forgive. Author Lewis addresses the “repugnant implication” by showing that victims are obligated to work toward forgiveness, if not forgiveness itself. Critic Gregory L. Bock argues that victims are not the only ones who can forgive, that the personal dimensions of forgiveness are overlooked, and that the force of the “repugnancy implication” may be questioned. Instead of rights-based eirenéism, Bock supports a virtue ethics framework. Instead of rights-based eirenéism, Bock encourages virtue ethics. Critic David Boersema raises questions about the binding nature of relationships, the dependency of flourishing upon forgiveness, and the nature of needs or rights. Boersema also questions the wisdom of a rights-based approach to forgiveness. Critic Jennifer Kling asks whether a rights-based approach is necessary to ground obligations to meet the needs of others: why not an ethics of care? If a rights-based approach is taken, perhaps a wrongdoer is obligated to not make forgiveness a life good. By disengaging this obligation, we avoid constraining a victim’s work toward forgiveness, especially when the wrongdoing is oppressive. Author Lewis responds to these objections. (shrink)

Entrepreneurs typically live with the ever-present threat of business failure arising from limited financial resources and aggressive competition in the marketplace. Under these circumstances, conflicting priorities arise and the entrepreneur is thus faced with certain dilemmas. In seeking to resolve these, entrepreneurs must often rely on their own judgment to determine “what is right”. There is thus a need for a technique to assist them decide on a course of action when no precedent or obvious solution exists. This research paper (...) examines how entrepreneurs experience and deal with these dilemmas. The research is based on interviews with seven entrepreneurs in established service-oriented ventures, which gave rise to 26 dilemmas. These dilemmas were analyzed by making use of the Synergy Star technique, which is introduced here as a tool that is useful in defining any dilemma, isolating the ethical component, and resolving the dilemma in a way that is congruent with the entrepreneur’s personal world-view. (shrink)

Entrepreneurs typically live with the ever-present threat of business failure arising from limited financial resources and aggressive competition in the marketplace. Under these circumstances, conflicting priorities arise and the entrepreneur is thus faced with certain dilemmas. In seeking to resolve these, entrepreneurs must often rely on their own judgment to determine “what is right”. There is thus a need for a technique to assist them decide on a course of action when no precedent or obvious solution exists. This research paper (...) examines how entrepreneurs experience and deal with these dilemmas. The research is based on interviews with seven entrepreneurs in established service-oriented ventures, which gave rise to 26 dilemmas. These dilemmas were analyzed by making use of the Synergy Star technique, which is introduced here as a tool that is useful in defining any dilemma, isolating the ethical component, and resolving the dilemma in a way that is congruent with the entrepreneur’s personal world-view. (shrink)

I argue that the concept of knowledge is a relic of a bygone age, erroneously supposed to do no harm. I illustrate this claim by showing how a concern with knowledge distorts the use of statistical evidence in criminal courts, and then generalize the point to show that this concern hampers our enterprises across the board and not only in legal contexts.

Evidence suggests that research participants often fail to recall much of the information provided during the informed consent process. This study was conducted to determine the proportion of consent information recalled by drug court participants following a structured informed consent procedure and the neuropsychological factors that were related to recall. Eighty-five participants completed a standard informed consent procedure to participate in an ongoing research study, followed by a 17-item consent quiz and a brief neuropsychological battery 2 weeks later. Participants (...) performed within the normal range on most of the neuropsychological measures, although roughly one third showed deficits on measures of executive functioning. Participants failed to recall over 65% of the consent information within 2 weeks of entering the study, and their recall was significantly correlated with verbal IQ, drug problem severity, reading ability, memory, and attention. These factors may be useful in determining whether research participants require enhanced consent procedures. (shrink)

In Philosophy and International Law, David Lefkowitz examines core questions of legal and political philosophy through critical reflection on contemporary international law. Is international law really law? The answer depends on what makes law. Does the existence of law depend on coercive enforcement? Or institutions such as courts? Or fidelity to the requirements of the rule of law? Or conformity to moral standards? Answers to these questions are essential for determining the truth or falsity of international legal skepticism, and (...) understanding why it matters. Is international law morally defensible? This book makes a start to answering that question by engaging with recent debates on the nature and grounds of human rights, the moral justifiability of the law of war, the concept of a crime against humanity, the moral basis of universal jurisdiction, the propriety of international law governing secession, and the justice of international trade law. (shrink)

From the author of Wittgenstein's Poker and Would You Kill the Fat Man?, the story of an extraordinary group of philosophers during a dark chapter in Europe's history On June 22, 1936, the philosopher Moritz Schlick was on his way to deliver a lecture at the University of Vienna when Johann Nelböck, a deranged former student of Schlick's, shot him dead on the university steps. Some Austrian newspapers defended the madman, while Nelböck himself argued in court that his onetime (...) teacher had promoted a treacherous Jewish philosophy. David Edmonds traces the rise and fall of the Vienna Circle—an influential group of brilliant thinkers led by Schlick—and of a philosophical movement that sought to do away with metaphysics and pseudoscience in a city darkened by fascism, anti-Semitism, and unreason. The Vienna Circle's members included Otto Neurath, Rudolf Carnap, and the eccentric logician Kurt Gödel. On its fringes were two other philosophical titans of the twentieth century, Ludwig Wittgenstein and Karl Popper. The Circle championed the philosophy of logical empiricism, which held that only two types of propositions have cognitive meaning, those that can be verified through experience and those that are analytically true. For a time, it was the most fashionable movement in philosophy. Yet by the outbreak of World War II, Schlick's group had disbanded and almost all its members had fled. Edmonds reveals why the Austro-fascists and the Nazis saw their philosophy as such a threat. The Murder of Professor Schlick paints an unforgettable portrait of the Vienna Circle and its members while weaving an enthralling narrative set against the backdrop of economic catastrophe and rising extremism in Hitler's Europe. (shrink)

It’s often held that undetectable inversion of mental qualities is, if not possible, at least conceivable. It’s thought to be conceivable that the mental quality your visual states exhibit when you see something red in standard conditions is literally of the same type as the mental quality my visual states exhibit when I see something green in such circumstances. It’s thought, moreover, to be conceivable that such inversion of mental qualities could be wholly undetectable by any third-person means. And since (...) first- person access is limited to a single individual, and so could not reveal a disparity in mental quality between us, third-person undetectability means undetectability tout court. (shrink)

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...) dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

In the Politics, Aristotle recognizes participation in law courts as an essential element in citizenship, yet there has been relatively little scholarship on how he sees this participation being realized. References to law courts are sprinkled widely through the Politics, Rhetoric, and Ethics, as well as the Athenaiôn politeia, where their importance is revealed most clearly. Ernest Barker took great pride in the English administration of law: if he had returned to write a more thorough treatment of Aristotle's political thought, (...) he might well have focused on the courts. (shrink)

I explore the increasingly important issue of cooperation in immoral actions, particularly in connection with healthcare. Conscientious objection, especially as pertains to religious freedom in healthcare, has become a pressing issue in the light of the US Supreme Court judgement inHobby Lobby. Section ‘Moral evaluation using the basic principles of cooperation’ outlines a theory of cooperation inspired by Catholic moral theologians such as those cited by the court. The theory has independent plausibility and is at least worthy of (...) serious consideration—in part because it is an instance of double-effect reasoning, which is also independently plausible despite its association with moral theology. Section ‘Case study:Burwell v. Hobby Lobby’ examinesHobby Lobbyin detail. Even if the judgement was correct in that case the reasoning was not, as it involved applying a ‘mere sincerity’ test to the cooperation question. The mere sincerity test leads to absurd consequences, whereas a reasonableness test applied using the theory of cooperation defended here would avoid absurdity. Section ‘A question of remoteness: “accommodations” and opt-outs’ explores the post-Hobby Lobbyproblem further, examining opt-outs and accommodations: theLittle Sisters of the Poorcase shows how opt-outs are misunderstood on a mere sincerity test, which the court rightly rejected. Section 'Application to the medical field:Doogan and Wood’ discusses the UK case ofDoogan and Wood, concerning participation in abortion. Again, a judicially recognised ethic of cooperation, if it were part of the fabric of legal reasoning in such cases, would have enabled the conscientious objectors in this and similar situations to have their freedom of conscience and religion respected in a way that it currently is not. (shrink)

This article addresses the architecture of the Inns of Court, the home of the Common Law. The approach taken, however, rejects an approach that would reduce the Inns to a roster of historical details and laudatory description. Instead, the Inns are seen, if not actually felt, as the embodiment of the “original” ground of law. This experience is revealed through a three-stage discovery process that situates the Inns within the medieval context of symbol and ritual as informed by Turner’s (...) concept of liminality; analyzes the space of the Inns using concepts of bodily disunity derived from the psychoanalysis of Lacan and Klein; relates this space to the “body of Law” in phenomenological terms, as a function of the irresolvable priority of either arché or anarché. The article concludes with a series of speculative propositions on a series of originary architectonic sites: the labyrinth, the pinnacle, and the door. These culminate in the assertion that the architecture of the Inns of Court stages the deferral of bodily interiority through which the Law simultaneously derives its infinite remove and its authority. (shrink)

impermissibly favorable to Jews? -- Humanist origins -- Humanism at court -- Discovery of Hebrew -- Johannes Pfefferkorn and the campaign against Jews -- Who saved the Jewish books? -- Inquisition -- Trial at Rome and the Christian debates -- The Luther affair -- As if the first martyr of Hebrew letters.

impermissibly favorable to Jews? -- Humanist origins -- Humanism at court -- Discovery of Hebrew -- Johannes Pfefferkorn and the campaign against Jews -- Who saved the Jewish books? -- Inquisition -- Trial at Rome and the Christian debates -- The Luther affair -- As if the first martyr of Hebrew letters.

The aim of this article is to identify the main factors of the current crisis of the nation-state and to demonstrate how many of the voids left by this crisis are filled by religions. The main characteristic of the nation-state is the principle of sovereignty. The apogee of the nation-state is the political form of industrialization. National identity is possible only when the state proves to its citizens that the fact of being a member of it carries benefits and privileges (...) and will always bring more. Today, the majority of nation-states, in particular the oldest great powers, no longer have this capability. The weakening of the nation-state began at the end of the 19th century. The first wave of globalization multiplied the cases of reciprocal interferences and trespassed on the theoretical impermeability of the sovereign states. The outcome of the First World War, with the creation of the first supranational body, and much more the outcome of the Second World War, were two important steps of this crisis. The birth of the United Nations, and of other supranational bodies, as well as the creation of the first court called to judge an entire political class, were an assault on the principle of sovereignty. The second wave of globalization, characterized by the free circulation of goods, money, people and cultures, did the rest. Moreover, the countries that ‘invented’ the principle of sovereignty are today in relative decline as new powers are emerging. The nation-state is no longer able to keep its promises. The less effective states become at offering their citizens both meaning and social services, the more do religions tend to reoccupy the public stage. The less national and political legitimacy they have, the more powers use the religious tool against one another. (shrink)

The Supreme Court frequently uses two tools to gather information about which cases to hear following a petition for writ of certiorari: the call for response and the call for the views of the Solicitor General. To date, there has been no empirical analysis of how the Supreme Court deploys these tools and little qualitative study. This Article fills in basic gaps in the literature by providing concrete answers to common questions regarding these two tools and offers detailed (...) analysis of how and why states, private parties, and the United States (through the Solicitor General) respond to petitions. In addition, the Article provides much-needed data for litigators and litigants to be able to estimate the probability of their case being heard by the Court, and provides insight on how to react when the Court calls for a response or calls for the views of the Solicitor General. To reach these conclusions, the Article relies on detailed, quantitative analysis of a novel, 30,000-petition dataset, as well as interviews with top Supreme Court litigators, former Supreme Court clerks, and former staff of the Clerk’s office. (shrink)

This article discusses academic work in relation to appellate courts. It concentrates on characterizing and explaining judicial decision-making and winning on an appeal. Furthermore, it raises questions about the nature and coverage of empirical legal research on appellate courts, and discusses general methodological questions. It also looks at rival approaches to describing what judges do in making decisions, and what motivational assumptions are most commonly made and finally indicates the broad outlines of how the field should develop methodologically in the (...) future. Empirical legal research suffers from the main weakness of the entire body of empirical research applied to appellate courts. This article concludes by mentioning that a shift of focus is needed to other aspects of law. To be forced into a choice, a judge must feel that what he regards as morally correct would be inconsistent with existing law. (shrink)

We live in a liberal, pluralistic, largely secular society where, in theory, there is fundamental protection for freedom of conscience generally and freedom of religion in particular. There is, however, both in statute and common law, increasing pressure on religious believers and conscientious objectors to act in ways that violate their sincere, deeply held beliefs. This is particularly so in health care, where conscientious objection is coming under extreme pressure. I argue that freedom of religion and conscience need to be (...) put on a sounder footing both legislatively and by the courts, particularly in health care. I examine a number of important legal cases in the UK and US, where freedom of religion and conscience have come into conflict with government mandates or equality and anti-discrimination law. In these and other cases we find one of two results: either the conscientious objector loses out against competing rights, or the conscientious objector succeeds, but due to what I consider unsound judicial reasoning. In particular, cases involving cooperation in what the objector considers morally impermissible according to their beliefs have been wrongly understood by some American courts. I argue that a reasonable theory of cooperation incorporated into judicial thinking would enable more acceptable results that gave sufficient protection to conscientious objectors without risking a judicial backlash against objectors who wanted to take their freedoms too far. I also venture into broader, more controversial waters concerning what I call freedom of dissociation – the fundamental right to withdraw from associating with people, groups, and activities. It is no more than the converse of freedom of association, which all free societies recognise as a basic right. How far should freedom of dissociation go? What might society be like if freedom of dissociation were given more protection in law than it currently has? It would certainly give freedom of religion and conscience a substantial foundation, but it could also lead to discriminatory behaviour to which many people would object. I explore some of these issues, before going back to the narrower area of freedom of conscience and religion in health care, making some proposals about how the law could strengthen these basic pillars of a liberal, free society. (shrink)

David Lyons is one of the pre-eminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the (...) law of a community might be, strict conformity to existing law automatically dispenses 'formal' justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political activities (...) of businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

According to their standardized treatment within the Indian legal tradition, ordeals are supposed to occur, under certain circumstances, when one person formally accused another of some crime in a court of law. While not disputing the general accuracy of this standardized treatment of ordeals, this article argues for the widespread practice in pre-modern India of another—hitherto unrecognized—type of ordeal that fails to fit this basic scenario, for such ordeals would occur when someone was widely believed to have committed some (...) wrongdoing, but was not forced to stand trial in a formal judicial court. In order to prove his innocence and, thereby, mitigate the damage caused by his suspected guilt, such an individual could—and sometimes did—arrange for himself to undergo an ordeal at his own expense and independently of any formal plaint. After establishing the practice of ordeals of this sort in pre-modern India, this article then examines some possible explanations for their development. (shrink)

Pediatric research without the potential for clinical benefit is vital to improving pediatric medical care. This research also raises ethical concern and is regarded by courts and commentators as unethical. While at least 10 justifications have been proposed in response, all have fundamental limitations. This article describes and defends a new justification based on the fact that enrollment in clinical research offers children the opportunity to contribute to a valuable project. Contributing as children to valuable projects can benefit individuals in (...) two ways. First, individuals may come to ?embrace? the contributions they made as children. Second, contributing to valuable projects can lead to a better overall life. Because these potential benefits can outweigh small research risks, they provide a justification for pediatric research without the potential for clinical benefit, when it poses low risks and has the potential to benefit others in important ways. (shrink)

This paper aims to perform a multi-level analysis of the Irish public discourse on Covid-19. Despite widespread agreement that Ireland’s response was rapid and effective, the country’s journey through the pandemic has been no easy ride. In order to contain the virus, the Government’s emergency legislation imposed draconian measures including the detention and isolation of people deemed to be even “a potential source of infection” and a significant extension of An Garda Síochána’s power of arrest. In April 2020, journalists John (...) Waters and Gemma O’Doherty initiated judicial review proceedings before the High Court to challenge such legislation, which they defined as unconstitutional, “disproportionate” and based on “fraudulent science”. The proceedings attracted widespread media coverage in what soon became a debate on the legitimacy of emergency legislation and the notion of ‘fake news’ itself. After a brief survey of the legislative background to Ireland’s Covid response, the argumentative strategy is analysed through which the High Court eventually dismissed Mr Waters and Ms O’Doherty’s challenge. Focusing on the process of justification of the judicial decision, the paper provides a descriptive account of the argument structure of the Court’s decision. This sheds light on the pattern of multiple argumentation through which the Court interpreted relevant norms in the Constitution and at once re-established the primacy of “facts” informing political decision-making at a time of national emergency. (shrink)

I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the style of recent (...) class='Hi'>court decisions which many critics find troublesome. (shrink)

We live in a liberal, pluralistic, largely secular society where, in theory, there is fundamental protection for freedom of conscience generally and freedom of religion in particular. There is, however, both in statute and common law, increasing pressure on religious believers and conscientious objectors (outside wartime) to act in ways that violate their sincere, deeply held beliefs. This is particularly so in health care, where conscientious objection is coming under extreme pressure. I argue that freedom of religion and conscience need (...) to be put on a sounder footing both legislatively and by the courts, particularly in health care. I examine a number of important legal cases in the UK and US, where freedom of religion and conscience have come into conflict with government mandates or equality and anti-discrimination law. In these and other cases we find one of two results: either the conscientious objector loses out against competing rights, or the conscientious objector succeeds, but due to what I consider unsound judicial reasoning. In particular, cases involving cooperation in what the objector considers morally impermissible according to their beliefs have been wrongly understood by some American courts. I argue that a reasonable theory of cooperation incorporated into judicial thinking would enable more acceptable results that gave sufficient protection to conscientious objectors without risking a judicial backlash against objectors who wanted to take their freedoms too far. -/- I also venture into broader, more controversial waters concerning what I call freedom of dissociation – the fundamental right to withdraw from associating with people, groups, and activities. It is no more than the converse of freedom of association, which all free societies recognise as a basic right. How far should freedom of dissociation go? What might society be like if freedom of dissociation were given more protection in law than it currently has? It would certainly give freedom of religion and conscience a substantial foundation, but it could also lead to discriminatory behaviour to which many people would object. I explore some of these issues, before going back to the narrower area of freedom of conscience and religion in health care, making some proposals about how the law could strengthen these basic pillars of a liberal, free society. (shrink)

. While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in (...) a dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

: In Grimes v. Kennedy Krieger Institute (KKI), the Maryland Court of Appeals, while noting that U.S. federal regulations include risk standards for pediatric research, endorses its own risk standards. The Grimes case has implications for the debate over whether the minimal risk standard should be interpreted based on the risks in the daily lives of most children (the objective interpretation) or the risks in the daily lives of the children who will be enrolled in a given study (the (...) subjective interpretation). The court's use of the objective interpretation to block studies like the KKI study protects individual children who are worse off than the average child. Unfortunately, this approach also may block research intended to improve the lives of these same individuals. A similar dilemma arises in the context of multinational research, suggesting that a "modified objective standard," proposed to address this dilemma in the multinational setting, may offer a framework for addressing the dilemma in the context of pediatric research as well. (shrink)

A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...) his impending death or the reasons for it. I argue that the law of CFE should be abandoned, along with the notion that it is permissible to kill the deeply disturbed just so long as they meet some narrow test of readiness to die. By adopting CFE, the courts have been forced to give independent conceptual and moral significance to a standard for competence that simply cannot bear the weight placed upon it. To be executable, CFE requires that a condemned prisoner meet a standard demonstrating an awareness of certain facts about his death. Yet this standard both leads to confusing and counter-intuitive results and is unsupported either by the reasons advanced by the courts on its behalf or by any of the standard theoretical justifications of criminal punishment. If executing the profoundly psychotic or delusional is wrong the law needs a better account of the wrong done when prisoners like Ford are killed. I suggest wherein that wrong might be located. (shrink)

Purpose The purpose of this article is to assess the operation of the UK’s Public Interest Disclosure Act 1998 (PIDA 1998) during its first 10 years and to consider its implications for the whistleblowing process. Method The article sets the legislation into context by discussing the common law background. It then gives detailed consideration to the statutory provisions and how they have been interpreted by the courts and tribunals. Results In assessing the impact of the legislation’s approach to whistleblowing both (...) in the UK and elsewhere, the author draws upon empirical research. Conclusion The author concludes that PIDA 1998 has not adequately protected whistleblowers and makes 12 recommendations for change. Despite the European Commission’s acknowledgement that whistleblowers can play a part in the fight against corruption, the author notes that common standards for their protection still seem a long way off. (shrink)

Tribe, David When asked, we say we always speak the truth - in courts of law, the whole truth, nothing but the truth..

Tribe, David When asked, we say we always speak the truth - in courts of law, the whole truth, nothing but...

The goal of this paper is to stress the significance of ethics for engineering education and to illustrate how it can be brought into the mainstream of higher education in a natural way that is integrated with the teaching objectives of enriching the core meaning of engineering. Everyone will agree that the practicing engineer should be virtuous, should be a good colleague, and should use professional understanding for the common good. But these injunctions to virtue do not reach closely enough (...) the ethic of the engineer as engineer, as someone acting in a uniquely engineering situation, and it is to such conditions that I wish to speak through a set of specific examples from recent history. I shall briefly refer to four controversies between engineers. Then, in some detail I shall narrate three historical cases that directly involve the actions of one engineer, and finally I would like to address some common contemporary issues. The first section, “Engineering Ethics and the History of Innovation” includes four cases involving professional controversy. Each controversy sets two people against each other in disputes over who invented the telegraph, the radio, the automobile, and the airplane. In each dispute, it is possible to identify ethical and unethical behavior or ambiguous ethical behavior that serves as a basis for educational discussion. The first two historical cases described in “Crises and the Engineer” involve the primary closure dam systems in the Netherlands, each one the result of the actions of one engineer. The third tells of an American engineer who took his political boss, a big city mayor, to court over the illegal use of a watershed. The challenges these engineers faced required, in the deepest sense, a commitment to ethical behavior that is unique to engineering and instructive to our students. Finally, the cases in “Professors and Comparative Critical Analysis” illuminate the behavior of engineers in the design of structures and also how professors can make public criticisms of designs that seem wasteful. (shrink)

I wish to begin by recalling the treatment of mourning, melancholy, and suicide in the last two books of Troilus and Criseyde. The subject of that catastrophe was a chivalric hero whose identity, as I have argued elsewhere, involved a particular discourse of love. This discourse assumed models of gender, individual identity, and community which were intrinsic to ruling elites. It hinged on producing a sense of lack which was to be met by distinctive forms of erotic desire bound up (...) with a complex web of courtly language and behavior. To this process a minutely organized construction of gender roles is essential, a topic whose analysis has been enabled and encouraged by wide-ranging developments in feminist scholarship over the last twenty years. (shrink)

The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between the (...) static documents (or ‘inscriptions’) which form Ferraris’s starting point, and dynamic software processes. The authors argue further that the Ferraris view as applied to legal documents is flawed because of the fact that courts may treat contractual obligations as enduring even in spite of a complete absence of enduring inscriptions. Finally, the authors note that traces in brains, another important family of inscriptions (as Ferraris conceives them), differ significantly from genuinely documentary inscriptions by their lack of public inspectability. (shrink)

nos numerus sumus et frugis consumere nati,sponsi Penelopae nebulones Alcinoiquein cute curanda plus aequo operata iuuentus,cui pulchrum fuit in medios dormire dies et 30ad strepitum citharae cessatum ducere curam.ut iugulent hominem, surgunt de nocte latrones:ut te ipsum serues, non expergisceris?We are ciphers, born to eat bread, the worthless suitors of Penelope and the young men of Alcinous’ court, all too concerned with keeping their skin attractive, who thought it a fine thing to sleep till midday and * * * (...) To murder a man, thieves get up at night; to save yourself, won't you wake up? (shrink)

This paper focuses on the question of whether DNA patents help or hinder scientific discovery and innovation. While DNA patents create a wide variety of possible benefits and harms for science and technology, the evidence we have at this point in time supports the conclusion that they will probably promote rather than hamper scientific discovery and innovation. However, since DNA patenting is a relatively recent phenomena and the biotechnology industry is in its infancy, we should continue to gather evidence about (...) the effects of DNA patenting on scientific innovation and discovery as well the economic, social, and legal conditions relating to intellectual property in biotechnology. We should give the free market, the courts, researchers, and patent offices a chance to settle issues related to innovation and discovery, before we seek legislative remedies, since new laws proposed at this point would lack adequate foresight and could do more harm than good. However, we should be open to new laws or regulations on DNA patents if they are required to in order to deal with some of the biases and limitations of the free market. (shrink)

When the United States Supreme Court used the expression “with all deliberate speed” in the case Brown v. Board of Education, it did so presumably because of its vagueness. Many jurists, economists, linguists, and philosophers accordingly assume that vagueness can be strategically used to one’s advantage. Roy Sorensen has cast doubt on this assumption by strictly differentiating between vagueness and generality. Indeed, most arguments for the value of vagueness go through only when vagueness is confused with generality. Sorensen claims (...) that vagueness – correctly understood – has no function in law inter alia because judges lie systematically when confronted with borderline cases. I argue that both claims are wrong. First, judges do not need to resort to lying when adjudicating borderline cases, and even if they had to, this would not render vagueness useless. Secondly, vagueness has several important functions in law such as the reduction of decision costs and the delegation of power. Although many functions commonly attributed to the vagueness of legal expressions are in fact due to their generality or other semantic properties, vagueness has at least these two functions in law. (shrink)