Historically, the standard of care in medical negligence provided considerable scope for external evaluation of clinical judgment. Under the Bolam test, however, determining the standard was seen by the courts as essentially a matter for the medical profession, to be resolved by expert testimony with minimal court scrutiny. In recent years, courts have become more willing to probe such testimony and challenge the credibility of medical experts, although they would very rarely override clinical judgment. The House of Lords' decision in (...) Bolitho may be construed as inviting courts to reach their own conclusions on the reasonableness of clinical conduct, along standard risk–benefit lines, after having made their own assessment of the expert opinion. Closer scrutiny of such opinion is the more welcome in the light of current concerns about partisanship in expert testimony. (shrink)

The disruption -- Capital assembled -- Capital goes to work -- Capital goes to market -- Capital evolves -- The geography of it all -- Creative destruction on the land -- What is to be done? And who is going to do it?

In 1991, Jones developed an issue-contingent model of ethical decision making in which moral intensity is posited to affect the four stages of Rest's 1986 model. Jones claimed that moral intensity, which is "the extent of issue-related moral imperative in a situation", consists of six characteristics: magnitude of consequences, social consensus, probability of effect, temporal immediacy, proximity, and concentration of effect. This article reports the findings of two studies that analyzed the factor structure of moral intensity, operationalized by a 12-item (...) Perceived Moral Intensity Scale adapted from the work of Sing-hapakdi et al. [1996, Journal of Business Research, 36, 245-255] and Frey [2000, Journal of Business Ethics, 26, 181-195]. The two items that were purported to measure CE were dropped due to their inability to effectively tap into the characteristic proposed by Jones. Factor analyses of the remaining 10 items supported a 3-factor structure, with the MC, PE, and TI items loading on the first factor, the PX items loading on the second factor, and the SC items loading on the third factor. These factors were labeled: Probable Magnitude of Consequences, Proximity, and Social Consensus. The authors conclude that moral intensity consists of three characteristics, rather than the six posited by Jones. (shrink)

The factor structure of the Multidimensional Ethics Scale (MES; Reidenbach and Robin: 1988, Journal of Business Ethics 7, 871–879; 1990, Journal of Business Ethics 9, 639–653) was examined for the 8-item short form (N = 328) and the original 30-item pool (N = 260). The objectives of the study were: to verify the dimensionality of the MES; to increase the amount of true cross-scenario variance through the use of 18 scenarios varying in moral intensity (Jones: 1991, Academy of Management Review (...) 16, 366–395); and, to examine the items for measurement precision using item-response theory (IRT) methods. Results of confirmatory and exploratory factor analysis failed to conclusively support the hypothesized 3- (short form) or 5-factor (long form) structure; both instruments were instead dominated by a general factor. Item response theory analyses using Samejima’s (1969, Psychometrika Monograph Supplement 34, (4, Pt. 2)) graded response model revealed that many items in the 30-item pool performed very well, and suggested that a different collection of items be used to form a short-form version of the MES. Our proposed 10-item instrument includes more discriminating items than the 8-item version, and has the added advantage of including two items from each of the five ethical philosophies represented in the original 30-item pool. (shrink)

Should advance directives (ADs) such as living wills be employed to direct the care of the severely demented? In considering this question, I focus primarily on the claims of Rebecca Dresser who objects in principle to the use of ADs in this context. Dresser has persuasively argued that ADs are both theoretically incoherent and ethically dangerous. She proceeds to advocate a Best Interest Standard as the best way for deciding when and how the demented ought to be treated. I put (...) forth a compromise position: both ADs and the Best Interest Standard have roles to play in guiding the care of the severely demented. (shrink)

PrécisThe administration of Pre-Mortem Interventions (PMIs) to preserve the opportunity to donate, to assess the eligibility to donate, or to optimize the outcomes of donation and transplantation are controversial as they offer no direct medical benefit and include at least the possibility of harm to the still-living patient. In this article, we describe the legal analysis surrounding consent to PMIs, drawing on existing legal commentary and identifying key legal problems. We provide an overview of the approaches in several jurisdictions that (...) have chosen to explicitly address PMIs within codified law. We then provide, as an example, a detailed exploration of how PMIs are likely to be addressed in one jurisdiction where general medical consent law applies because there is no specific legislation addressing PMIs — the province of Ontario in Canada. (shrink)

Teaching economics has been shown to encourage students to defect in a prisoner's dilemma game. However, can ethics training reverse that effect and promote cooperation? We conducted an experiment to answer this question. We found that students who had the ethics module had higher rates of cooperation than students without the ethics module, even after controlling for communication and other factors expected to affect cooperation. We conclude that the teaching of ethics can mitigate the possible adverse incentives of the prisoner's (...) dilemma, and, by implication, the adverse effects of economics and business training. (shrink)

A fascinating account of exemplarity in the context of deconstruction.

Let ℜ be an o-minimal expansion of (ℝ, <+) and (φk)k∈ℕ be a sequence of positive real numbers such that limk→+∞f(φk)/φk+1=0 for every f:ℝ→ ℝ definable in ℜ. (Such sequences always exist under some reasonable extra assumptions on ℜ, in particular, if ℜ is exponentially bounded or if the language is countable.) Then (ℜ, (S)) is d-minimal, where S ranges over all subsets of cartesian powers of the range of φ.

Following an earlier paper in the journal in which Evans argued that it was commercial exploitation, not mere payment, that was morally objectionable about certain sorts of organ donation, this paper looks at the moral issues when commercial exploitation is eliminated from systems of paid organ donation. It argues that there are no conclusive moral arguments against such schemes for non-exploitative paid kidney donation.

(1995). Innovation and change in the production of knowledge. Social Epistemology: Vol. 9, Knowledge (EX) Change, pp. 211-232. doi: 10.1080/02691729508578789.

It is proposed in this paper that enzymes, by virtue of a number of correctly positioned sites of interaction with substrates, can force the compression of hydrogen bonds, increasing the probability of proton transfer by quantum mechanical tunneling. By such a catalytic mechanism a rate enhancement of many orders of magnitude may be obtained with a very low energy input requirement. The mechanism would, however, require a highly structured catalyst.Pertinent aspects of hydrogen bond theory and of tunneling theory are briefly (...) reviewed. (shrink)

This textbook carefully develops the main ideas and techniques of statistical and thermal physics and is intended for upper-level undergraduate courses. The authors each have more than thirty years' experience in teaching, curriculum development, and research in statistical and computational physics. Statistical and Thermal Physics begins with a qualitative discussion of the relation between the macroscopic and microscopic worlds and incorporates computer simulations throughout the book to provide concrete examples of important conceptual ideas. Unlike many contemporary texts on thermal physics, (...) this book presents thermodynamic reasoning as an independent way of thinking about macroscopic systems. Probability concepts and techniques are introduced, including topics that are useful for understanding how probability and statistics are used. Magnetism and the Ising model are considered in greater depth than in most undergraduate texts, and ideal quantum gases are treated within a uniform framework. Advanced chapters on fluids and critical phenomena are appropriate for motivated undergraduates and beginning graduate students. Integrates Monte Carlo and molecular dynamics simulations as well as other numerical techniques throughout the text Provides self-contained introductions to thermodynamics and statistical mechanics Discusses probability concepts and methods in detail Contains ideas and methods from contemporary research Includes advanced chapters that provide a natural bridge to graduate study Features more than 400 problems Programs are open source and available in an executable cross-platform format Solutions manual. (shrink)

(1984). Gender Differences in Subject Preference and Perception of Subject Importance among Third Year Secondary School Pupils in Single‐sex and Mixed Comprehensive Schools. Educational Studies: Vol. 10, No. 3, pp. 243-253.

Philosophy in the Seraglio -- The wisdom of the East -- The New World and the noble savage -- The last frontiers -- The varieties of man -- An indelible stain -- The apotheosis of Europe.

This article seeks to address how topological approaches to cultural change might be combined with ethnographic analysis in order to suggest new ways of thinking empirically about the dynamic political and moral spaces that infrastructural systems create and sustain. The analytical focus is on how diverse notions of relationality and connectivity are mobilized in the production of infrastructural systems that sustain the capacity of ‘state-space’ to simultaneously emerge as closed territorial entity and as open, networked form. The article seeks to (...) establish that the differences and discontinuities inherent in all spatio-temporal relations might productively be considered as ‘intervals’ that both separate and connect across time and space. The notion of an infrastructural system as an interface that conjures both topological and topographical space is the idea that I set out to explore. (shrink)

abstract John Robertson has famously argued that the right to reproductive autonomy is exceedingly broad in scope. That is, as long as a particular reproductive preference such as having a deaf child is “determinative” of the decision to reproduce then such preferences fall under the protective rubric of reproductive autonomy rights. Importantly, the deafness in question does not constitute a harm to the child thereby wrought since unless the child could be born deaf he or she would otherwise never have (...) existed— his or her prospective parents would simply have chosen to abort. As such, for this child, being born deaf counts as a benefit, albeit of the “backhanded” variety, since the only other practical alternative is nonexistence. In what follows, I want to investigate this argument in detail. The target of my investigation will be the possible future use of gene therapy technology to “disenhance” one's offspring. I intend to show that the apparently unlimited right to reproductive autonomy, that is, the right to choose both the quantity and qualities of future offspring, entailed by the argument from backhanded benefit can in fact be “sidestepped” through considering what sorts of reproductive practices we as a society ought to allow. (shrink)

Tversky and Kahneman (1974) originally discussed three main heuristics: availability, representativeness, and anchoring-and-adjustment. Research on judgemental forecasting suggests that the type of information on which forecasts are based is the primary factor determining the type of heuristic that people use to make their predictions. Specifically, availability is used when forecasts are based on information held in memory; representativeness is important when the value of one variable is forecast from explicit information about the value of another variable; and anchoring-and-adjustment is employed (...) when the value of a variable is forecast from explicit information about previous values of that same variable. Although there has been increased emphasis on the adaptiveness of heuristics and increased interest in specifying their use in terms of computational models, this way of structuring our knowledge about judgemental forecasting continues to be a useful one. I use it to frame discussion of some recent debates in the area. (shrink)

This book discusses Ramon Llull (ca. 1232-1316), the Christian missionary, philosopher and mystic, his relations with Jewish contemporaries, and how he ...