The devastating toll of gun violence has given rise to hundreds of lawsuits seeking justice on behalf of victims and their families. A significant number of challenges against gun companies, however, are blocked by courts' broad reading of the Protection of Lawful Commerce in Arms Act — a federal statute often interpreted to shield the gun industry from civil liability. This article reexamines PLCAA in light of the Supreme Court's recent federalism caselaw, which counsels courts to narrowly construe federal laws (...) that could otherwise upset the balance of power between states and the federal government. Since PLCAA infringes on traditional areas of state authority, the Supreme Court's federalism jurisprudence requires lower courts to interpret PLCAA narrowly, to not bar states from imposing negligence, nuisance, product liability, or other common law liability on gun companies. Reading PLCAA in line with federalism principles would preserve states' traditional authority over their civil justice laws, and enable gun violence victims, and their families, to hold gun companies responsible for wrongdoing. (shrink)

This dissertation investigates the metaphysics of human body parts; particularly, the epistemic conditions under which something can be said to be a “body part of” some particular human being. In this dissertation I draw on the hylomorphism of Aristotle and John Duns Scotus to argue that a necessary and sufficient condition on human bodily parthood is an object’s functioning for the sake of the whole human being and the maintenance of her biological life. I argue that, on this view of (...) bodily parthood, at least some prostheses or artificial organs are truly body parts of the human beings in whom they operate. I defend this view in reference to both Aristotelian and Scotistic hylomorphism, as well as answering objections raised by some contemporary views of bodily parthood as merely conventional. I argue that this has important implications for medical ethics, including potentially restricting medical interventions in end-of-life care and heightening the legal ramification of damage done to prostheses. I argue that investigation into the metaphysical questions surrounding body parts and their composition can illuminate hitherto underappreciated dimensions of ethical questions in medicine. (shrink)

Studies of reasoning have often invoked a distinction between a natural or ordinary consideration of the premises, in which they are interpreted, and even distorted, in the light of empirical knowledge, and an analytic or logical consideration of the premises, in which they are analysed in a literal fashion for their logical implications. Two or three years of schooling have been seen as critical for the spontaneous use of analytic reasoning. In two experiments, however, 4-year-olds who were given brief instructions (...) that prompted use of an analytic approach continued to adopt this approach one week later. Thus, when given syllogistic problems in which the major premise was incongruent with their empirical knowledge (e.g. "All snow is black"), instructed children reasoned more accurately from that premise both immediately and a week later as compared to children given only a basic introduction. A third experiment showed that instructions also improved 4-year-olds' performance on hard-to-imagine, abstract material (e.g."All mib is white"). Similarities between the effects of brief instruction and of schooling are discussed. (shrink)

Despite growing interest in improving cognitive abilities across the lifespan through training, the benefits of cognitive training are inconsistent. One powerful contributor may be that individuals arrive at interventions with different baseline levels of the cognitive skill being trained. Some evidence suggests poor performers benefit the most from cognitive training, showing compensation for their weak abilities, while other evidence suggests that high performers benefit most, experiencing a magnification of their abilities. Whether training leads to compensation or magnification effects may depend (...) upon the specific cognitive domain being trained and the training approach implemented. To clarify the association between individual differences in baseline cognitive ability and training gains as well as potential moderators, we conducted a systematic meta-analysis of the correlation between these two variables. We found evidence of a significant meta-correlation demonstrating a compensatory effect, a negative association between initial ability on a trained cognitive process and training gains. Too few papers met our search criteria across the levels of proposed moderators of cognitive domain and training approach to conduct a reliable investigation of their influence over the meta-analytic effect size. We discuss the implications of a compensatory meta-correlation, potential reasons for the paucity of qualifying papers, and important future directions for better understanding how cognitive trainings work and for whom. (shrink)

False “Aha!” moments can be elicited experimentally using the False Insight Anagram Task (FIAT), which combines semantic priming and visual similarity manipulations to lead participants into having “Aha!” moments for incorrect anagram solutions. In a preregistered experiment (N = 255), we tested whether warning participants and explaining to them exactly how they were being deceived, would reduce their susceptibility to false insights. We found that simple warnings did not reduce the incidence of false insights. On the other hand, participants who (...) were given a detailed explanation of the methods used to deceive them experienced a small reduction in false insights compared to participants given no warning at all. Our findings suggest that the FIAT elicits a robust false insight effect that is hard to overcome, demonstrating the persuasive nature of false insights when the conditions are ripe for them. (shrink)

Insight experiences are sudden, persuasive, and can accompany valuable new ideas in science and art. In this preregistered experiment, we aim to validate a novel visceral and continuous measure of insight problem solving and to test whether real-time and embodied feelings of insight can predict correct solutions. We report several findings. Consistent with recent work, we find a strong positive relationship between Aha moments and accuracy for problems that demand implicit processing. We also found that the intensity of the insight (...) experience further predicted the accuracy of solutions and participants naturally embodied the intensity of their insight experiences by squeezing the dynamometer more tightly. Intriguingly, this unintentional embodiment further predicted the accuracy of solutions. We suggest that the dynamometer complements previous measures by (1) simultaneously capturing both process and feeling in real-time, (2) highlights the value of measuring Aha moments on a continuum of intensity, and (3) firmly establishes that the impulsive feeling of Aha can carry information about the veracity of an idea. We discuss the findings in light of a recent theoretical account of how feelings of insight may act as a heuristic to select ideas from the stream of consciousness. (shrink)

The lung allocation score system in the United States and several European countries gives more weight to risk of death without transplantation than to survival following transplantation. As a result, centers transplant sicker patients, leading to increased length of initial hospitalization. The care of patients who have accumulated functional deficits or additional organ dysfunction during their prolonged stay can be ethically complex. Disagreement occurs between the transplant team, patients and families, and non-transplant health care professionals over the burdens of ongoing (...) intensive intervention. These cases highlight important ethical issues in organ transplantation, including the nature and requirements of transplant informed consent, the limits of physician prognostication, patient autonomy and decision-making capacity following transplant, obligations to organ donors and to other potential recipients, and the impact of program metrics on individualized recipient care. We outline general ethical principles for the care of lung transplant recipients with prolonged hospitalization and give regulatory, research, and patient-centered recommendations for these cases. (shrink)

There is a growing consensus in Britain on the importance of character, and on the belief that the virtues that contribute to good character are part of the solution to many of the challenges facing modern society. Parents, teachers and schools understand the need to teach basic moral virtues to pupils, such as honesty, self-control, fairness, and respect, while fostering behaviour associated with such virtues today. However, until recently, the materials required to help deliver this ambition have been missing in (...) Britain. The Knightly Virtues Programme, devised by the Jubilee Centre for Character and Virtues, aims to help solve this challenge. The programme, designed for 9 to 11 year olds, draws on selected classic stories to help teach moral character in schools. This approach has proved to be popular with children and teachers, with more than 5,000 pupils from one hundred schools having participated in the programme so far. Fifty-five of these schools and 3,272 pupils were directly involved in different stages of the research. Based at the University of Birmingham, the Jubilee Centre houses leading academics dedicated to researching the various ways in which good character, which underpins the building blocks of society, can be developed. Recent research from the Centre has shown that the qualities that make up character can be learnt and taught, and suggests that we need a new emphasis on their importance in schools and in professional education. This report from the Centre into the use of classic literature within schools sets out the ways in which the Knightly Virtues Programme is able to develop the virtue literacy of school pupils, and the extent to which an understanding and awareness of good moral character can make positive changes to behaviour. The impact of the programme has been tested using several rigorous research methods, detailed in this report alongside their findings, which provide substantial empirical evidence for the effectiveness of using stories to develop virtue literacy. (shrink)

The aim of the My Character project was to develop a better understanding of how interventions designed to develop character might enhance moral formation and futuremindedness in young people. Futuremindedness can be defined as an individual’s capacity to set goals and make plans to achieve them. Establishing goals requires considerable moral reflection, and the achievement of worthwhile aims requires character traits such as courage and the capacity to delay gratification. The research team developed two new educational interventions – a website (...) and a hard-copy journal – with the specific aim of developing future-mindedness. After development, the website and journal were piloted over a one-year period by over 1,000 11–14 year olds in six schools across England. Various research methods, including group interviews and case studies, were implemented to assess impact. In addition, a pilot RCT was conducted to assess the feasibility of using experimental methods to measure character. The main findings from the research are that: - Students benefit from opportunities in school to think about future-mindedness; this can be successfully taught through character education. - Harnessing new technology, such as the Internet, offers exciting opportunities for character education. - It is beneficial to investigate the impact of new character education resources in order to bring greater clarity about ‘what works’. The most useful approach is a mixed methods one that allows for triangulation of evidence. - It is possible to run RCTs and other experimental research in schools to assess developmental projects of this kind, but applying the method in schools and creating suitable outcome measures present challenges for researchers. - A positive indicator of the success is that five out of the six pilot schools have embedded My Character into their curriculum. In addition, many new schools, both in Britain and internationally, have started to use the website and / or journal. This report describes the research, analyses the impact of My Character and concludes with recommendations for policy makers, practitioners and researchers embarking on similar projects. These recommendations include: i) advocating that schools create space in the curriculum to teach future-mindedness through character education; ii) enhancing traditional character education teaching methods with opportunities brought by Internet technologies; iii) evaluating character education interventions using triangulated evidence drawn from a mixture of research methods. (shrink)

The scope of noninvasive prenatal testing (NIPT) could expand in the future to include detailed analysis of the fetal genome. This will allow for the testing for virtually any trait with a genetic contribution, including “non-medical” traits. Here we discuss the potential use of NIPT for these traits. We outline a scenario which highlights possible inconsistencies with ethical decision-making. We then discuss the case against permitting these uses. The objections include practical problems; increasing inequities; increasing the burden of choice; negative (...) impacts on the child, family, and society; and issues with implementation. We then outline the case for permitting the use of NIPT for these traits. These include arguments for reproductive liberty and autonomy; questioning the labeling of traits as “non-medical”; and the principle of procreative beneficence. This summary of the case for and against can serve as a basis for the development of a consistent and coherent ethical framework. (shrink)

The scope of noninvasive prenatal testing (NIPT) could expand in the future to include detailed analysis of the fetal genome. This will allow for the testing for virtually any trait with a genetic contribution, including “non-medical” traits. Here we discuss the potential use of NIPT for these traits. We outline a scenario which highlights possible inconsistencies with ethical decision-making. We then discuss the case against permitting these uses. The objections include practical problems; increasing inequities; increasing the burden of choice; negative (...) impacts on the child, family, and society; and issues with implementation. We then outline the case for permitting the use of NIPT for these traits. These include arguments for reproductive liberty and autonomy; questioning the labeling of traits as “non-medical”; and the principle of procreative beneficence. This summary of the case for and against can serve as a basis for the development of a consistent and coherent ethical framework. (shrink)

Effective documentation is considered a core competency for clinical ethics consultation. Ethics consultants within the Cleveland Clinic in Cleveland, Ohio, observed variation in the formatting of ethics chart notes across consultants and realized that this formatting was based on their own views of effectiveness. To minimize variation and optimize the readability and understandability of ethics chart notes for end users, a team undertook a quality improvement project to assess the formatting preferences of healthcare professionals who rely on ethics consultation notes. (...) The team developed three sample templates and conducted interviews with stakeholders to understand their preferences. A single standardized template was developed based on the preferences that emerged, which all consultants on the ethics consultation service then utilized. In the first five months of implementation, the percentage of end user respondents marking the highest Likert scale option on a post-consultation survey regarding whether the ethics consultation service provided helpful documentation increased from 60 percent to 72 percent compared to the same five-month period in the year prior. (shrink)

In this paper, we identify and discuss how sustainability reporting has spread throughout the Australian business community over the past twenty years or so. We identified all Australian business organisations that have produced a sustainability report since 1995, and we undertook an interview survey with managers of reporting companies. By incorporating a wide range and large number of reporting companies, we offer insights beyond those obtained from traditional report content analysis and from close analyses of singular case-study organisations. We reveal (...) that sustainability reporting has deepened in a few high-impact industries, and it has spread to a small number of firms in a wide range of low-impact industries. We tested whether there were any relationships between the drivers of reporting and the experiences of different types of reporting firms. Many of the relationships we observed were not as clear or as consistent as expected. Sustainability reporting is, however, of strategic importance to reporting companies. Given the small number of reporters in Australia, we raise the possibility of strategic differentiation as a key driver of reporting behaviour and suggest further studies to explore institutional fields that may be shaping sustainability reporting practice. (shrink)

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 ...

This volume examines the motives behind rejections of beauty often found within contemporary art practice, where much critically acclaimed art is deliberately ugly and alienating. It reflects on the nature and value of beauty, asking whether beauty still has a future in art and what role it can play in our lives generally. The volume discusses the possible “end of art,” what art is, and the relation between art and beauty beyond their historically Western horizons to include perspectives from Asia. (...) The individual chapters address a number of interrelated issues, including: art, beauty and the sacred; beauty as a source of joy and consolation; beauty as a bridge between the natural and the human; beauty and the human form; the role of curatorial practice in defining art; order and creativity; and the distinction between art and craft. The volume offers a valuable addition to cross-cultural dialogue and, in particular, to the sparse literature on art and beauty in comparative context. It demonstrates the relevance of the rich tradition of Asian aesthetics and the vibrant practices of contemporary art in Asia to Western discussions about the future of art and the role of beauty. (shrink)

Almaatouq et al. propose a novel integrative approach to experiments. We provide three examples of how unaddressed measurement issues threaten the feasibility of the approach and its promise of promoting commensurability and knowledge integration.

Given dramatic increases in recent decades in the pace of scientific discovery and understanding of the functional organization of the brain, it is increasingly clear that engagement with the neuroscientific literature and research is central to making progress on philosophical questions regarding the nature and scope of human freedom and responsibility. While patterns of brain activity cannot provide the whole story, developing a deeper and more precise understanding of how brain activity is related to human choice and conduct is crucial (...) to the development of realistic, just, and intellectually rigorous models of human agency and moral responsibility. In this special issue, we acknowledge that “free will” and “moral responsibility” are not concepts with which neuroscience can directly engage, and instead focus on self-governance, and the capacities that contribute to self-governance, which are more tractable for scientific investigation and are prerequisites for the presence of moral responsibility. (shrink)

This case study describes the design, learning experiences, and student outcomes in one Instructional Design course with an explicit focus on globally competent teaching. We make the argument that forefronting global competence in an Instructional Design course, prior to social studies methods, is a necessary precursor to accelerate students’ progress on a pathway towards teaching for global competence. In support of this argument, we (a) describe the ways in which an Instructional Design course in one university forefronted global competence; (b) (...) explain the short- and long-term outcomes of this design; and (c) highlight four students to illustrate how the Instructional Design course helped to move students along a pathway towards global competence. We nest our approach within a globally competent teaching framework. (shrink)

A lack of consensus persists as to whom exactly the dialogues of Wittgenstein's Philosophical Investigations are between: Wittgenstein and an interlocutor? Or perhaps a variety of interlocutors, none of whom can be identified with Wittgenstein himself? I argue here that this lack of consensus is possibly due to an ambiguity in the ordinary concept of “talking to oneself,” and that a new concept of “talking to oneself” appropriate to Wittgenstein's dialogues is needed to properly understand them. Wittgenstein is talking to (...) himself—but he is doing so in the way we talk to other people. (shrink)

We examined differences in the knowledge and beliefs that exist among nurse researchers in the USA (n = 119) regarding informed consent and the use of data from patients’ medical records. Using a mail survey, two domains of ethical knowledge and beliefs were assessed: the legal right to privacy and the moral right to privacy. More than half of the participants were very confident in their knowledge of institutional review board procedures, research ethics, informed consent, the legal right to privacy, (...) and the moral right to privacy. In contrast, most rated themselves as uncertain about US federal research regulations and there was wide variation in knowledge about current federal guidelines. Those who were more confident in their knowledge of or had more practical experience with research ethics, were no more likely to answer correctly a question about current federal guidelines regulating the use of patient data from medical records than those who reported less confidence or experience. (shrink)