The purpose of this paper is to provide an overview of the most recent public policy and ethical issues as they relate to the growing usage of nonunion employment arbitration particularly in relation to financial services firms and professional firms. In this era of increasing employment-related litigation, it is wise from an employer’s point of view to find alternative procedures that offer assurances of fairness yet provide expeditious means for resolving disputes. From an employee’s vantage point, however, it is essential (...) that the fundamental issue of procedural and substantive due process be maintained and guaranteed. Therefore, a number of strategic ethical issues arise: How should employment arbitration procedures be designed following the Due Process Protocol of the Task Force on Alternative Dispute Resolution in Employment? How should arbitration procedures follow the national rules for the resolution of employment disputes of the American Arbitration Association? Do recent court decisions shed light on these issues? What ethical principles can be gleaned from these public policy pronouncements? A final objective of this paper is to study some of the current initiatives on this topic. (shrink)

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, (...) and his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.

This book brings together some of the best minds in neurology and philosophy to discuss the concept of personal identity and the moral dimensions of treating ...

When the International Criminal Tribunal for the Former Yugoslavia convicted the Bosnian Serb soldiers who used rape as a weapon of war of violating the human right to sexual self determination and of crimes against humanity, it transformed vulnerability from a mark of feminine weakness to a shared human condition. The court's judgment directs us to note the ways in which the exploitation of our bodied vulnerability is an assault on our dignity. It alerts us to the ways in which (...) the body of human rights law is a law of bodies; to the ways in which our desire for intimacy creates communal ties that ground our personal and social identities; to the ways in which the symbolic meanings of our bodies are integral to our sense of integrity and worth; and to the ways in which gender structures which position men as protectors of women make it possible for rape to be used as an effective and criminal weapon of war. (shrink)

What is the best way to respond to monuments in our communities if they represent people who stood for harmful ideas and/or societal structures? I start with the assumption that it would be best for everyone if all of the harmful monuments were removed from our public squares. The more interesting question is: Why would it be best? I will examine critically two different explanations as to why it would be best: one, Plato's, which rests on the harmful non-intellectual influences (...) of images and the other, Socrates’, which rests on the harmful intellectual influences of those images. In the end, I shall argue that Socrates got it right and Plato wrong due to the former's ability to explain human behaviour and the latter's surprising lack of that same ability, despite how widely it is believed. If the argument is correct, it will have deep and widespread implications for how we educate our children and ourselves about every important aspect of the human condition. (shrink)

What all contemporary so-called aristotelian realists have in common has been identified by David Armstrong as the principle of instantiation. This principle has been put forward in different versions, but all of them have the following simple consequence in common: uninstantiated universals do not exist. Such entities are for the lotus-eating Platonist to countenance, but not for any sort of moderate realist. I shall argue that this principle, in any guise, is not the best way to differentiate aristotelianism from Platonism. (...) In its place, I shall suggest that the best way to differentiate the two versions of realism from each other is by means of a far more powerful idea: naturalism. And the surprising conclusion given this means of differentiation will be that contrary to the usual proclamations, Platonism will be the more naturalistic theory, whereas aristotelianism will come to be seen for what it really is, namely, non-naturalistic. (shrink)

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

This book is a story about promoting systemic change of SEL in the mindset and capabilities of staff, in the structure of the district, and in the vision, mission, and policies that guide the district.

A multidisciplinary collection which brings together cutting edge research about the cultural politics of space.

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to male victims (...) of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

In Why Some Things Should Not Be for Sale, philosopher Debra Satz takes a penetrating look at those commodity exchanges that strike most of us as problematic. What considerations, she asks, ought to guide the debates about such markets? What is it about a market involving prostitution or the sale of kidneys that makes it morally objectionable? How is a market in weapons or pollution different than a market in soybeans or automobiles? Are laws and social policies banning the (...) more noxious markets necessarily the best responses to them? Satz contends that categories previously used by philosophers and economists are of limited utility in addressing such questions because they have assumed markets to be homogenous. Accordingly, she offers a broader and more nuanced view of markets--one that goes beyond the usual discussions of efficiency and distributional equality--to show how markets shape our culture, foster or thwart human development, and create and support structures of power. (shrink)

While the bioethics literature demonstrates that the field has spent substantial time and thought over the last four decades on the goals, methods, and desired outcomes for service and training in bioethics, there has been less progress defining the nature and goals of bioethics research and scholarship. This gap makes it difficult both to describe the breadth and depth of these areas of bioethics and, importantly, to gauge their success. However, the gap also presents us with an opportunity to define (...) this scope of work for ourselves and to help shape the broader conversation about the impact of academic research. Because of growing constraints on academic funding, researchers and scholars in many fields are being asked to demonstrate and also forecast the value and impact of their work. To do that, and also to satisfy ourselves that our work has meaningful effect, we must understand how our work can motivate change and how that change can be meaningfully measured. In a field as diverse as bioethics, the pathways to and metrics of change will likewise be diverse. It is therefore critical that any assessment of the impact of bioethics research and scholarship be informed by an understanding of the nature of the work, its goals, and how those goals can and ought to be furthered. In this paper, we propose a conceptual model that connects individual bioethics projects to the broader goals of scholarship, describing the translation of research and scholarly output into changes in thinking, practice, and policy. One of the key implications of the model is that impact in bioethics is generally the result of a collection of projects rather than of any single piece of research or scholarship. Our goal is to lay the groundwork for a thoroughgoing conversation about bioethics research and scholarship that will advance and shape the important conversation about their impact. (shrink)

In this book, Michael P. Berman uses Merleau-Ponty’s thought to develop a critique, grounded in his phenomenology, of certain issues in the philosophy of religion such as faith, love, vision, soul, magic and miracles, judgment, evil, and hallowing.

The Essential Berkeley and Neo-Berkeley is an introduction to the life and work of one of the most significant thinkers in the history of philosophy and a penetrating philosophical assessment of his lasting legacy. David Berman goes beyond providing an introduction and gives us a broader and deeper appreciation of Berkeley as a philosopher. He argues for Berkeley's work as a philosophical system with coherence and important key themes hitherto unexplored and provides an analysis of why he thinks Berkeley's (...) work has had such lasting significance. With a particular focus on Berkeley's dualist thinking and theories of 'mental types', Berman provides the reader with a key to unlocking the significance of this work. This introductory text will provide an insight into Berkeley's full body of work, the distinctiveness of his thinking and how deeply relevant this key thinker is to contemporary philosophy. (shrink)

Set aside fanciful doomsday speculations about AI. Even lower-level AIs, while otherwise friendly and providing us a universal basic income, would be able to do all our jobs. Also, we would over-rely upon AI assistants even in our personal lives. Thus, John Danaher argues that a human crisis of moral passivity would result However, I argue firstly that if AIs are posited to lack the potential to become unfriendly, they may not be intelligent enough to replace us in all our (...) jobs. If instead they are intelligent enough to replace us, the risk they become unfriendly increases, given that they would not need us and humans would just compete for valuable resources. Their hostility will not promote our moral passivity. Secondly, the use of AI assistants in our personal lives will become a problem only if we rely on them for almost all our decision-making and motivation. But such a (maximally) pervasive level of dependence raises the question of whether humans would accept it, and consequently whether the crisis of passivity will arise. (shrink)

Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century.

Although World of Warcraft utilizes ethnic and gender stereotypes in the construction of its playable characters, the structure of the gaming environment provides a modest utopian vision that is structurally just, maximizing both liberty and equality among participants in a way consistent with John Rawls's Theory of Justice. As a result, class, race, and gender are much more a matter of human (humanoid) variety, rather than a tool for hierarchically differentiation. Nevertheless, in players' engagement with the game, class, race, and (...) gender differences take on meaning well beyond the strucuture of the Warcraft universe demonstrating how real world values infect our imagination. (shrink)

The Heythrop Journal, Volume 63, Issue 4, Page 520-530, July 2022.

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to be blameworthy is (...) to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (shrink)

Dissecting Bioethics, edited by Tuija Takala and Matti Hayry, welcomes contributions on the conceptual and theoretical dimensions of bioethics. The department is dedicated to the idea that words defined by bioethicists and others should not be allowed to imprison people’s actual concerns, emotions, and thoughts. Papers that expose the many meanings of a concept, describe the different readings of a moral doctrine, or provide an alternative angle to seemingly self-evident issues are particularly appreciated. To submit a paper or to discuss (...) a suitable topic, contact Tuija Takala [email protected].:This article examines some of the assumptions and implications associated with the Belmont era context in which the concept of therapeutic misconception was forged. We argue that the justification of therapeutic misconception should be reconsidered based on less paternalistic and more participatory models of research. Finally, we identify conceptual and practical approaches that might better reflect contemporary research practice. (shrink)

“Made for Learning” is the result of 60 years of research and theory building by Australian educator Brian Cambourne, articulated and described with abundant classroom examples by American educator Debra Crouch. This book describes a Discourse of Meaning-Making and explain and illustrate how to make that discourse the dominant language of the classroom. When the Conditions of Learning are coupled with four Processes That Empower Learning, an extension of the theory in the last three decades, teacher decision-making promotes the (...) active participation of learners in their own literate journey. How that active learning looks, sounds, and feels becomes tangible in the multitude of classroom examples found throughout the book. These classroom examples bring the Conditions of Learning to life and are unpacked to explore and analyze the specific teaching decisions leading to student learning. The authors offer educators concrete tools to use the Conditions of Learning as a framework to explore their own practices to strengthen learning experiences for every student. (shrink)

Robert Adams defends a platonic account of goodness, understood as excellence, claiming that there exists a platonic good that all other good things must resemble, identifying the Good with God. Mark Murphy agrees, but argues that this platonic account is in need of Aristotelian supplementation, as resemblance must take into account a thing’s kind-membership. While this article will accept something like Murphy’s account of goodness, it will further develop its details and support. Without relying on theistic premises, I show that (...) the metaphysical status of an individual’s goodness consists in resemblance with the platonic good. As for the distinct question of what that goodness holds in virtue of, I conclude it holds in virtue of exactly: the thing’s own properties, those properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. I then develop an account of how K-standards resemble the platonic good: The K-standards resemble it firstly with respect to requiring activities, as the platonic good will be posited to be active, and must resemble it secondly also at the level of what teleology those activities are directed towards. I also motivate the need for a third respect of resemblance, to be developed in future work. The article ends with a discussion of the nature of the platonic good. (shrink)

Having a self is associated with important advantages for an organism.These advantages have been suggested to include mechanisms supporting elaborate capacities for planning, decision-making, and behavioral control. Acknowledging such functionality offers possibilities for obtaining traction on investigation of neural correlates of selfhood. A method that has potential for investigating some of the brain-based properties of self arising in behavioral contexts varying in requirements for such behavioral guidance and control is functional brain imaging. Data obtained with this method are beginning to (...) converge on a set of brain areas that appear to play a significant role in permitting conscious access to representational content having reference to self as an embodied and independent experiencer and agent. These areas have been identified in a variety of imaging contexts ranging from passive state conditions in which they appear to manifest ongoing activity associated with spontaneous and typically ‘self-related’ cognition, to tasks targeting explicitly experienced properties of self, to demanding task conditions where activity within them is attenuated in apparent redirection of cognitive resources in the service of task guidance and control. In this paper, these data will be reviewed and a hypothesis presented regarding a significant role for these areas in enabling degrees of self-awareness and participating in the management of such behavioral control. (shrink)

This book offers practical advice for legal professionals to optimize cognitive fitness and protect their brain from the damaging effects of chronic stress. Drawing on the latest research in neuroscience and psychology, it provides actionable information to help readers thrive amidst the demands and stressors of the legal profession.

This chapter contains sections titled: Yoga, Magazines, and Yoga Journal Research Question Method Results Implications and Conclusion.

This chapter contains sections titled: Humans and Hunting Women Who Hunt Why Do You Hunt? The Thrill of the Kill How Did You Learn to Hunt? With Whom? Women Hunting What Does It Feel Like? The New Artemis? Notes.

Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. Moreover, Foot argues in effect that goodness admits of only the kind-based sort, obtaining solely in virtue of something’s satisfying kind-based standards. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be (...) bad for doing so. In defending my counterexample, I respond to the Aristotelian contention that evaluations should only be made from “within” the standpoint of a particular lifeform conception, rather than an “external” one from which that kind itself can be judged to be bad. (shrink)

Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...) I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)