A considerable literature exists regard-ing the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper."This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the application (...) of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.". (shrink)

A considerable literature exists regarding the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper." This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the (...) application of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.". (shrink)

The doctrine of consent is built upon presumptions of mental capacity. Those presumptions must be tested according to legal rules that may be difficult to apply to COVID-19 patients during emergency presentations. We examine the principles of mental capacity and make recommendations on how to assess the capacity of COVID-19 patients to consent to emergency medical treatment. We term this the CARD approach.

Australian prisons are overpopulated with people suffering from numerous health problems. COVID-19 presents a significant threat to prisoner health. This article examines the current regulatory responses from Australian state and territory governments to COVID-19 and a recent case which tested the human rights of prisoners during a pandemic.

We describe the case of an eighty‐four‐year‐old man with disseminated lung cancer who had been receiving palliative care in the hospital and was found by nursing staff unresponsive, with clinically obvious signs of death, including rigor mortis. Because there was no documentation to the contrary, the nurses commenced cardiopulmonary resuscitation and called a code blue, resulting in resuscitative efforts that continued for around twenty minutes. In discussion with the hospital ethicist, senior nurses justified these actions, mainly citing disciplinary and medicolegal (...) concerns. We argue that moral harms arise from CPR performed on a corpse and that legal concerns about failing to perform it are unfounded. We contend that such efforts are an unintended consequence of managerialist policies mandating do‐not‐resuscitate orders and advance care plans and of defensive practices that can value the interests of institutions and practitioners over those of patients. Health management teaching should include managerialism and its pitfalls, while clinician training should prioritize ethical reasoning and legal knowledge over defensive practice. (shrink)

Cognitive Science, Volume 46, Issue 6, June 2022.

Lawyers and the legal system have been much criticized in recent years. Despite popular perceptions, the legal system contains numerous mechanisms and rules designed to ensure fair results. This paper shows how the legal system tries to implement, in commercial transactions, the ethical principles of truthfulness and fairness. The Anglo-American development of Equity Courts is reviewed briefly. Several examples of the Law's enforcement of ethical principles are presented, in four different legal areas: Contracts, Securities, Goods, and Real Estate. The intent (...) here is to present an overview of the problem, with area-specific illustrations, rather than a comprehenisve examination of the cases in just one area. (shrink)

A considerable literature exists regard-ing the moral obligation to keep one's promises. Several authors have focused on the exceptional circumstances which may or should excuse this moral duty. Less frequently discussed is the question of how this general moral obligation and its possible exceptions play out in the context of negotiable written promises to pay money, i.e., so-called "commercial paper."This paper focuses on the application of the legal rules governing commercial paper, and on the ethical implications involved in the application (...) of those rules. More specifically, it asks whether the assertion of the technical doctrine known as "holder in due course," and the denial of that status in some cases, promotes ethical behavior in the marketplace. By examining the circumstances of one case, involving a substantial investment and a large bank, I hope to shed some light on how the legal and ethical rules do in fact "intersect.". (shrink)

BackgroundSocio-cultural perceptions surrounding death have profoundly changed since the 1950s with development of modern intensive care and progress in solid organ transplantation. Despite broad support for organ transplantation, many fundamental concepts and practices including brain death, organ donation after circulatory death, and some antemortem interventions to prepare for transplantation continue to be challenged. Attitudes toward the ethical issues surrounding death and organ donation may influence support for and participation in organ donation but differences between and among diverse populations have not (...) been studied.ObjectivesIn order to clarify attitudes toward brain death, organ donation after circulatory death and antemortem interventions in the context of organ donation, we conducted a scoping review of international English-language quantitative surveys in various populations.Study appraisalA search of literature up to October 2020 was performed, using multiple databases. After screening, 45 studies were found to meet pre-specified inclusion criteria.Results32 studies examined attitudes to brain death, predominantly in healthcare professionals. In most, around 75% of respondents accepted brain death as equivalent to death of the person. Less common perspectives included equating death with irreversible coma and willingness to undertake organ donation even if it caused death. 14 studies examined attitudes to organ donation following circulatory death. Around half of respondents in most studies accepted that death could be confidently diagnosed after only 5 min of cardiorespiratory arrest. The predominant reason was lack of confidence in doctors or diagnostic procedures. Only 6 studies examined attitudes towards antemortem interventions in prospective organ donors. Most respondents supported minimally invasive procedures and only where specific consent was obtained.ConclusionsOur review suggests a considerable proportion of people, including healthcare professionals, have doubts about the medical and ethical validity of modern determinations of death. The prognosis of brain injury was a more common concern in the context of organ donation decision-making than certainty of death. (shrink)

This article responds to calls for further research on ethical issues in advertising. The study examines whether advertising strategies which use female-disparaging themes are perceived as ethical, and what effect this has on ad and brand attitudes. It also examines whether or not humour assuages ethical evaluations of female-disparaging ads. The findings from an experimental research design, which included 336 British respondents, show that non-disparaging and non-humorous ads are considered to be the most ethical, while disparaging ads are considered the (...) least ethical. Across the board, female-disparaging ads are not perceived as ethical; however, high benevolent sexists appear to favour them most. Finally, an ad’s perceived ethicality mediates the relationship between ad disparagement and ad attitudes; likewise, an ad’s perceived ethicality and ad attitudes mediate the relationship between an ad’s female disparagement and brand attitudes. Female-disparaging ads should be avoided given that they are perceived as less ethical and given the impact that advertising has on behaviour, as well as on societal and moral values. Advertisers should also avoid using female-disparaging advertising themes, even light-hearted ones, since they constitute a risky strategy for the ad and the brand as they can backfire and alienate consumers. (shrink)

First published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

"Simone Weil's bibliography": p. [181]-194. Includes index. Introduction / George Abbott White -- The jagged edge / Michele Murray -- Simone Weil's mind / Robert Coles -- The life and death of Simone Weil / J.M. Cameron -- Simone Weil, last things / Michele Murray -- Simone Weil's Iliad / Michael K. Ferber -- Notes on Simone Weil's Iliad / Joseph H. Summers -- Patriotism and The need for roots / Conor Cruise O'Brien -- Marxism-Leninism and the language (...) of Politics magazine / Staughton Lynd -- Simone Weil's work experiences / George Abbott White. (shrink)

Robert Sibley examines how Watson, Grant, and Taylor found in Hegel the theoretical tools needed to respond to Canada's uncertain existence.

Indeterminacy in its various forms has been the focus of a great deal of philosophical attention in recent years. Much of this discussion has focused on the status of vague predicates such as ‘tall’, ‘bald’, and ‘heap’. It is determinately the case that a seven-foot person is tall and that a five-foot person is not tall. However, it seems difficult to pick out any determinate height at which someone becomes tall. How best to account for this phenomenon is, of course, (...) a controversial matter. For example, some (such as Sorensen (2001) and Williamson (2002)) maintain that there is a precise height at which someone becomes tall and such apparent cases of indeterminacy merely reflects our ignorance of this fact. Others maintain that there is some genuine – and not merely epistemic – indeterminacy present is such cases and offer various accounts of how best to account for it. Supervaluationists (such as Keefe (2008)), for example, claim that the indeterminacy with respect to vague terms lies in their not having a single definite extension. Rather, each term is associated with a range of possible precise extensions or precisifications such that it is semantically unsettled which is the correct extension. One precisification of ‘tall’ might allow that anyone over five feet ten inches is tall, whereas another would only allow those over six foot to qualify; but no precisification will take someone who is five foot to be tall, and someone who is seven foot will count as tall on all precisifications. Thus – while someone who is seven foot will be determinately tall and someone who is five foot determinately not so – it will be indeterminate whether someone who stands at five foot eleven inches is tall. -/- Yet, it is important to stress that putative cases of indeterminacy are not limited to vague predicates of this kind. Philosophers have invoked indeterminacy in discussions of topics as diverse as moral responsibility (Bernstein (forthcoming)), identity over time (Williams (2014)), and the status of the future (Barnes and Cameron (2009)). In this paper, we focus on two areas where discussion of various kinds of indeterminacy has been commonplace: physics and fiction. We propose a new model for understanding indeterminacy across these domains and argue that it has some notable advantages when compared to earlier accounts. Treating physics and fiction cases univocally also indicates an interesting connection between indeterminacy in these two areas. (shrink)

Over the last few years, the concept of “wilderness” has come under attack by environmentalists deeply committed to sustaining the natural world. Their criticisms are pointed and undeniably strong; moreover as I will argue, very similar critiques could be made of its putative counter-concept, “the city.” Yet in both cases, we need not simply reject the concepts themselves as incoherent; our challenge is rather to develop resources rich enough to show that and why they must stand in a constructive tension. (...) I will close by outlining the possibility and productivity of this development through hermeneutic reflections inspired by the work of Hans-Georg Gadamer. (shrink)

George P. Bradford, Emerson, and the perennial philosophy of Fénelon -- Emerson, Nietzsche, and man's striving upward : the "via eminentiae" of superior people -- The perennial philosophy of Emerson and Thoreau in England : William Jesse Jupp -- Emerson, Glasgow, and John Page Hopps : the Unitarian struggle with Scottish Calvinism.

The men who talk most about the valor of Lee and of the blood of the brave Confederate dead are those who never smelt powder or engaged in battle. Most of them were at a table, either on top or und...

Research has shown that there has often been overlap between the humanities and the sciences. This essay brings to the fore a prominent borderline case in cultural history, where the mix of disciplines that could contribute to its study became an issue of debate. It examines the attempts made by botanists throughout the nineteenth century, culminating around 1900, to call into question the monopoly of the humanities on cultural history. Botanists argued that botanical objects, such as the original forms of (...) ancient grains, were important historical sources, and the renowned Georg Schweinfurth even advocated a new concept of “culture” that prioritized the sciences. The essay argues that this development is part of the period’s discourse on the origins of human civilization, which included more and less productive encounters between the botanical study of the migration and development of plants over time and the study of human history. (shrink)

The best example of a Saturday Night Live (SNL) impressionist who goes beyond "spot on" to offer a creative impression is Dana Carvey. Just consider his impression of George H.W. Bush. Carvey performed Bush in cold opens and other sketches, developing a character that was not, in the ordinary sense of the term, spot on. To better understand the difference between creative representations and spot on representations, readers should consider for a moment the subject of music, and specifically (...) the phenomenon of tribute bands. A tribute band is one that attempts, as accurately as possible, to represent a famous band to a concert audience. Some might argue that Darrell Hammond was one of SNL's greatest impressionists, but the author argues that he was much like a tribute band. Hammond was available to offer a spot on impression of whomever the show might need for a given sketch. (shrink)

touch 27 Thirrdly, the straining of the eye 28 The occasions which suggest distance have in their own nature no relation to it 29 A difficult case proposed by Dr. Barrow as repugnant to all the known theories 30 This case contradicts a ...

Some argue that Lewisian realism fails as a reduction of modality because in order to meet some criterion of success the account needs to invoke primitive modality. I defend Lewisian realism against this charge; in the process, I hope to shed some light on the conditions of success for a reduction. In §1 I detail the resources the Lewisian modal realist needs. In §2 I argue against Lycan and Shalkowski’s charge that Lewis needs a modal notion of ‘world’ to ensure (...) that worlds correspond to possibilities. In §3 I respond to Divers and Melia’s objection that Lewis needs to invoke primitive modality to give a complete account of what worlds there are. In §4 I ask what it is for a notion to ‘involve’ modality. I conclude that the question is either in bad standing or at best offers little traction on the debate, and propose a different way of assessing when materials are appropriately included in a reductive base. (shrink)

Nelkin presents a simple and natural account of freedom and moral responsibility which responds to the great variety of challenges to the idea that we are free and responsible, before ultimately reaffirming our conception of ourselves as agents. Making Sense of Freedom and Responsibility begins with a defense of the rational abilities view, according to which one is responsible for an action if and only if one acts with the ability to recognize and act for good reasons. The view is (...) compatibilist -- that is, on the view defended, responsibility is compatible with determinism -- and one of its striking features is a certain asymmetry: it requires the ability to do otherwise for responsibility when actions are praiseworthy, but not when they are blameworthy. In defending and elaborating the view, Nelkin questions long-held assumptions such as those concerning the relation between fairness and blame and the nature of so-called reactive attitudes such as resentment and forgiveness. Her argument not only fits with a metaphysical picture of causation -- agent-causation -- often assumed to be available only to incompatibilist accounts, but receives positive support from the intuitively appealing Ought Implies Can Principle, and establishes a new interpretation of freedom and moral responsibility that dovetails with a compelling account of our inescapable commitments as rational agents. (shrink)

Jim buys a ticket in a million-ticket lottery. He knows it is a fair lottery, but, given the odds, he believes he will lose. When the winning ticket is chosen, it is not his. Did he know his ticket would lose? It seems that he did not. After all, if he knew his ticket would lose, why would he have bought it? Further, if he knew his ticket would lose, then, given that his ticket is no different in its chances (...) of winning from any other ticket, it seems that by parity of reasoning he should also know that every other ticket would lose. But of course he doesn’t know that; in fact, he knows that not every ticket will lose. (shrink)

This volume is a direct result of a conference held at Princeton University to honor George A. Miller, an extraordinary psychologist. A distinguished panel of speakers from various disciplines -- psychology, philosophy, neuroscience and artificial intelligence -- were challenged to respond to Dr. Miller's query: "What has happened to cognition? In other words, what has the past 30 years contributed to our understanding of the mind? Do we really know anything that wasn't already clear to William James?" Each participant (...) tried to stand back a little from his or her most recent work, but to address the general question from his or her particular standpoint. The chapters in the present volume derive from that occasion. (shrink)

The Challenge of the Exception is the key that unlocked the ideas of Carl Schmitt, a leading political theorist and jurist who influenced the thoughts of, among others, Hannah Arendt, Carl Joachim Friedrich, Otto Kirchheimer, Hans Morgenthau, Franz Neumann, and Leo Strauss. Professor Schwab clearly articulates Schmitt's key concepts and relates their centrality to politics and the state, to the political theory of liberalism, democracy and authoritarianism, and to international relations. When Schwab treats Schmitt's interpretations of constitutional questions, for example, (...) he shows how political theory in Germany is inextricably linked with constitutional law, legal theory, and the country's history. Not content to merely deal with Schmitt's profound contributions to twentieth-century thought, Schwab devotes considerable space to the unconscionable compromises that he made with the Third Reich. This, however, failed to help him become the political and legal theorist of Hitler's Germany. Schwab shows how the new Schmitt was suspect from the beginning and, by 1936, Schmitt the hunter had become Schmitt the hunted. Schwab's presentation of the multifaceted Carl Schmitt exposes the reader to a truly interdisciplinary excursion into the humanities and social sciences. (shrink)

This review essay discusses Matt King’s recent book Simply Responsible, in which he defends a unifying account of responsibility that spans not only moral responsibility, but also prudential and epistemic responsibility, among other forms. The first half of the essay summarizes the three key elements of King’s account--his treatment of basic responsibility, basic blame, and basic desert--while the second half takes a more critical look at each element.

In a few hundred pages Santayana endeavors to sum up the dominant intellectual currents of early twentieth-century thought and trace their implications for American culture, for ethics and religion, for arts and letters, and for philosophy.

In this paper, I begin with a familiar puzzle about forgiveness, namely, how to distinguish forgiveness from excuse on the one hand and “letting go” on the other. After considering three recent and influential accounts of forgiveness that offer answers to this challenge among others, I develop an alternative model of forgiveness as a kind of personal release from debt or obligation. I argue that this model has a number of distinct advantages, including offering a new explanation of the subtle (...) connections between forgiveness, resentment and perspective taking, as well as helping to provide plausible answers to normative questions such as whether forgiveness is ever morally required. Finally, I draw connections between the debate about forgiveness and the debate about free will, and suggest one way in which the compatibility of forgiveness and understanding of an action’s causes can illuminate the debate about the compatibility of freedom and determinism. (shrink)

Unwitting omissions pose a challenge for theories of moral responsibility. For commonsense morality holds many unwitting omitters morally responsible for their omissions (and for the consequences thereof), even though they appear to lack both awareness and control. For example, some people who leave dogs trapped in their cars outside on a hot day (see Sher 2009), or who forget to pick something up from the store as they promised (see Clarke 2014) seem to be blameworthy for their omissions. And yet, (...) if moral responsibility requires awareness of one’s omission and of its moral significance, as well as control, then it would appear that the unwitting protagonists of these cases are not, in fact, morally responsible for their omissions. In this paper, we consider, and ultimately reject, a number of influential views that try to solve this problem, including skepticism about responsibility for such omissions, a view we call the “decision tracing” view that grounds responsibility for such omissions in previous exercises of conscious agency, and “attributionist” views that ground responsibility for such omissions in the value judgments or other aspects of the agents’ selves. We propose instead a new tracing view that grounds responsibility for unwitting omissions in past opportunities to avoid them, where having such opportunities requires general awareness of the risk of such an omission, but not an exercise of agency, in contrast to the decision tracing view. We argue that the view can better accommodate cases, and fits well with the most plausible conception of the kind of control required for responsibility. (shrink)

Psychopaths pose a puzzle. The pleasure they take in the pain of others suggests that they are the paradigms of blameworthiness, while their psychological incapacities provide them with paradigm excuses on plausible accounts of moral responsibility. I begin by assessing two influential responses: one that claims that psychopaths are morally blameworthy in one sense and not in another, and one that takes the two senses of blameworthiness to be inseparable. I offer a new argument that psychopaths, as understood in the (...) debate, are blameworthy in neither sense, while showing how the two senses of blameworthiness nevertheless come apart. (shrink)

The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...) version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation. (shrink)