This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

1 Responsibility and self-control................................. 1 Michael Smith 2 The capacity to have done otherwise: an agent-centred view 21 Philip Pettit 3 Private law and private narratives.............................. 37 Arthur Ripstein 4 Honoré on responsibility for outcomes........................ 61 Stephen R. Perry 5 Responsibility and fault: a relational and functional approach to responsibility 81 Peter Cane 6 Obligations and outcomes in the law of torts............... 111 John Gardner 7 Unpacking “causation‘....................................... 145 Jane Stapleton 8 Private law: between visionaries and bricoleurs............... 187 William Lucy (...) 9 Appreciations and responses................................. 219 Tony Honoré Index................................................... 241. (shrink)

This is an excellent article, probably the best there is in defence of prohibiting the sale of organs, and it deserves a much fuller discussion of detail than there is space for here.1 My concerns, however, are with generalities rather than detail. Although some such argument might justify prohibition of organ selling in particular places and at particular times, it is difficult to see how it could support the kind of general, universal policy currently accepted by most advocates of prohibition.Whenever (...) the subject of organ selling is discussed, it is useful to keep in mind the natural history of the debate. Prohibition was instituted by most governments and professional bodies just about as quickly as possible after it was discovered that payment for kidneys was going on, and was a direct response to feelings of moral outrage. It all happened without time for debate. It was only later, as challenges appeared, that justifications began to be produced; and when they did they followed a pattern long familiar to philosophers, and more recently recognised by moral psychologists, of determined efforts to find a justification for the initial intuition that organ selling must be wrong. New arguments kept appearing in the cause as earlier attempts were shown to fail, and many were so weak that they could not have seemed plausible unless their advocates had already been committed to their conclusion. This does not mean, of course, that a good justification could never be produced. It does, however, suggest a widespread feeling that organ selling must be intrinsically …. (shrink)

Infamous cases like Enron and Bernie Madoff question whether business is an inherently dubious activity. Honorable Business argues that there is, in fact, such a thing as honorable business, which seeks to generate value not only for itself but for all parties to its transactions-and to society generally.

A feminist primer for philosophers of science -- The legacy of twentieth century philosophy of science -- What feminist science studies can offer -- Challenges from every direction -- The prospects of twenty-first century philosophy of science.

Is it time to take a break from feminism? In this pathbreaking book, Janet Halley reassesses the place of feminism in the law and politics of sexuality. She argues that sexuality involves deeply contested and clashing realities and interests, and that feminism helps us understand only some of them. To see crucial dimensions of sexuality that feminism does not reveal--the interests of gays and lesbians to be sure, but also those of men, and of constituencies and values beyond the (...) realm of sex and gender--we might need to take a break from feminism. Halley also invites feminism to abandon its uncritical relationship to its own power. Feminists are, in many areas of social and political life, partners in governance. To govern responsibly, even on behalf of women, Halley urges, feminists should try taking a break from their own presuppositions. Halley offers a genealogy of various feminisms and of gay, queer, and trans theories as they split from each other in the United States during the 1980s and 1990s. All these incommensurate theories, she argues, enrich thinking on the left not despite their break from each other but because of it. She concludes by examining legal cases to show how taking a break from feminism can change your very perceptions of what's at stake in a decision and liberate you to decide it anew. (shrink)

During the last decade corporate reputation as one of the central efforts of corporate citizenship behavior has gained increasing attention in scholarly research, as has the way that reputation can serve as an instrument for business purposes. This poses the question of how such reputation will be achieved. To answer these questions this article examines Cicero’s considerations concerning the interrelation of honorableness and beneficialness made in his work ‘On Duties’. Based on Cicero’s understanding of universal natural law and his idea (...) that reputation derives solely from honorable behavior and the orientation in the common good, we show that also corporate reputation is achieved only if it is based primarily on ‘honorableness’, and that reputation is lost if financial interests override the intentions of honesty of a company. (shrink)

This study investigated effects of codes of ethics on perceptions of ethical behavior. Respondents from companies with codes of ethics (n = 465) rated role set members (top management, supervisors, peers, subordinates, self) as more ethical and felt more encouraged and supported for ethical behavior than respondents from companies without codes (n = 301). Key aspects of the organizational climate, such as supportiveness for ethical behavior, freedom to act ethically, and satisfaction with the outcome of ethical problems were impacted by (...) the presence of an ethics code. The mere presence of a code of ethics appears to have a positive impact on perceptions of ethical behavior in organizations, even when respondents cannot recall specific content of the code. (shrink)

ABSTRACT Previous research has consistently highlighted the importance of stakeholder engagement in identifying and developing solutions to ethical challenges in genomic research, especially in Africa where such research is relatively new. In this paper, we examine what constitutes good ethical practice in research, from the perspectives of genomic research participants in Uganda. Our study was part of a multi-site qualitative study exploring these issues in Uganda, Ghana and Zambia. We purposively sampled various stakeholders including genomic research participants, researchers, research ethics (...) committee members, policy makers and community members. This paper presents the findings from in-depth interviews with 27 people with diabetes who had participated in a diabetes genomic study. Data were collected using semi-structured interviews. Manual thematic content analysis was conducted using a framework approach. Findings indicate three key requirements that research participants see as vital for genomic research to be more responsive to research participants’ needs and contextual realities: de-emphasising the role of experts and institutions in the consenting process, clarity about the timing and nature of feedback both of findings relevant to the health of individuals and about the broad progress of the study, and more effective support for research participants during and after the study. (shrink)

Research on whistle-blowing has been hampered by a lack of a sound theoretical base. In this paper, we draw upon existing theories of motivation and power relationships to propose a model of the whistle-blowing process. This model focuses on decisions made by organization members who believe they have evidence of organizational wrongdoing, and the reactions of organization authorities. Based on a review of the sparse empirical literature, we suggest variables that may affect both the members' decisions and the organization's responses.

In 1978, as the protests against the Shah of Iran reached their zenith, philosopher Michel Foucault was working as a special correspondent for _Corriere della Sera_ and _le Nouvel Observateur_. During his little-known stint as a journalist, Foucault traveled to Iran, met with leaders like Ayatollah Khomeini, and wrote a series of articles on the revolution. _Foucault and the Iranian Revolution _is the first book-length analysis of these essays on Iran, the majority of which have never before appeared in English. (...) Accompanying the analysis are annotated translations of the Iran writings in their entirety and the at times blistering responses from such contemporaneous critics as Middle East scholar Maxime Rodinson as well as comments on the revolution by feminist philosopher Simone de Beauvoir. In this important and controversial account, Janet Afary and Kevin B. Anderson illuminate Foucault's support of the Islamist movement. They also show how Foucault's experiences in Iran contributed to a turning point in his thought, influencing his ideas on the Enlightenment, homosexuality, and his search for political spirituality. _Foucault and the Iranian Revolution_ informs current discussion on the divisions that have reemerged among Western intellectuals over the response to radical Islamism after September 11. Foucault's provocative writings are thus essential for understanding the history and the future of the West's relationship with Iran and, more generally, to political Islam. In their examination of these journalistic pieces, Afary and Anderson offer a surprising glimpse into the mind of a celebrated thinker. (shrink)

Janet is known almost exclusively for his left-step periodic table (LSPT). A study of his writings shows him to have been a highly creative thinker and a brilliant draftsman. His approach was primarily arithmetic-geometric, but it led him to anticipate the discovery of deuterium, helium-3, transuranian elements, antimatter and energy from nuclear fusion. He recognized the (n + ℓ) rule well before Madelung and correctly placed the actinides. His controversial treatment of helium at the head of the alkaline earth (...) elements might be less provocative if his system were taken in one of its spiral representations. (shrink)

This study investigated effects of codes of ethics on perceptions of ethical behavior. Respondents from companies with codes of ethics (n = 465) rated role set members (top management, supervisors, peers, subordinates, self) as more ethical and felt more encouraged and supported for ethical behavior than respondents from companies without codes (n = 301). Key aspects of the organizational climate, such as supportiveness for ethical behavior, freedom to act ethically, and satisfaction with the outcome of ethical problems were impacted by (...) the presence of an ethics code. The mere presence of a code of ethics appears to have a positive impact on perceptions of ethical behavior in organizations, even when respondents cannot recall specific content of the code. (shrink)

Ethical reasoning is an integral part of the work of a clinical ethics consultant. Ethical reasoning has a close relationship with an individual’s beliefs and values, which, for religious adherents, are likely to be tightly connected with their spiritual perspectives. As a result, for individuals who identify with a religious tradition, the process of thinking through ethical questions is likely to be influenced by their religious worldview. The connection between ethical reasoning and one’s spiritual perspective raises questions about the role (...) that CECs’ personal religious worldviews should play in their professional lives and their consultative work. This paper offers numerous arguments critiquing the inclusion of a consultant’s own spiritual perspective in her work and has identified only limited circumstances under which such inclusion might be permissible. In particular, these arguments lead to the conclusion that a CEC’s personal beliefs should never influence her ethical analysis or development of a recommendation. Further, religious appeals should not be used in communication during decision-making conversations other than to describe the patient or surrogate’s stated perspective. There may be limited cases in which a CEC may share her spiritual worldview with a patient with the intent of building a collaborative relationship, but such situations should be approached with extreme caution. (shrink)

Spencer's evolutionary philosophy is usually identified with right-wing doctrines such as individualism, laissez-faire liberalism and even conservatism. Since he himself defended similar positions, it is perhaps not surprising that the study of the political interpretations of his ideas has drawn relatively little attention. In this article I propose to examine a rather atypical reading of Spencer's organic analogy, though definitely not a marginal one: Enrico Ferri's Marxist doctrine of Scientific Socialism. Ferri is not a figure unknown to scholars interested in (...) the political aspects of the evolutionary debate. Nonetheless, the relation between his theory and Spencer's biosociology -- notably the complex dialectic of themes such as "the struggle for existence" versus "class struggle," or "evolution" versus "revolution" -- has not yet received full-length analysis. In my study I investigate the diffusion of Spencer's ideas in Italy and their impact on the new "positivist" sciences of psychology and sociology inasmuch as these questions are essential to understanding Ferri's position. Throughout, I stress the importance of the intellectual and political context in the process of appropriation of ideas that led to this unexpected shift in meaning. (shrink)

Efforts to professionalize the field of bioethics have led to the development of the Healthcare Ethics Consultant-Certified Program intended to credential practicing healthcare ethics consultants. Our team of professional ethicists participated in the inaugural process to support the professionalization efforts and inform our views on the value of this credential from the perspective of ethics consultants. In this paper, we explore the history that has led to this certification process, and evaluate the ability of the HEC-C Program to meet the (...) goals it has set forth for HCECs. We describe the benefits and weaknesses of the program and offer constructive feedback on how the process might be strengthened, as well as share our team’s experience in preparing for the exam. (shrink)

Functionalism in the philosophy of mind is the doctrine that what makes something a mental state of a particular type does not depend on its internal constitution, but rather on the way it functions, or the role it plays, in the system of which it is a part. This doctrine is rooted in Aristotle's conception of the soul, and has antecedents in Hobbes's conception of the mind as a “calculating machine”, but it has become fully articulated (and popularly endorsed) only (...) in the last third of the 20th century. Though the term ‘functionalism’ is used to designate a variety of positions in a variety of other disciplines, including psychology, sociology, economics, and architecture, this entry focuses exclusively on functionalism as a philosophical thesis about the nature of mental states. (shrink)

For centuries scientists have claimed that women are intellectually inferior to men and blacks are inferior to whites. Although these claims have been contested and corrected for centuries, they still continue to be made. Meanwhile, scientists have documented the harm done to women and blacks by the publication of such claims. Can anything be done to improve this situation? Freedom of research is universally recognized to be of first-rate importance. Yet, constraints on that freedom are also universally recognized. I consider (...) three of these constraints and argue for tighter restrictions on race- and gender-related cognitive differences research on their basis. (shrink)

Two major reasons feminists are concerned with science relate to science's social effects: that science can be a powerful ally in the struggle for equality for women; and that all too frequently science has been a generator and perpetuator of inequality. This concern with the social effects of science leads feminists to a different mode of appraising science from the purely epistemic one prized by most contemporary philosophers of science. The upshot, I suggest, is a new program for philosophy of (...) science, a program for a socially responsible philosophy of science. (shrink)

Indonesia is recognized as a nurse exporting country, with policies that encourage nursing professionals to emigrate abroad. This includes the country’s adoption of international principles attempting to protect Indonesian nurses that emigrate as well as the country’s own participation in a bilateral trade and investment agreement, known as the Indonesia–Japan Economic Partnership Agreement that facilitates Indonesian nurse migration to Japan. Despite the potential trade and employment benefits from sending nurses abroad under the Indonesia–Japan Economic Partnership Agreement, Indonesia itself is suffering (...) from a crisis in nursing capacity and ensuring adequate healthcare access for its own populations. This represents a distinct challenge for Indonesia in appropriately balancing domestic health workforce needs, employment, and training opportunities for Indonesian nurses, and the need to acknowledge the rights of nurses to freely migrate abroad. Hence, this article reviews the complex operational and ethical issues associated with Indonesian health worker migration under the Indonesia–Japan Economic Partnership Agreement. It also introduces a policy proposal to improve performance of the Indonesia–Japan Economic Partnership Agreement and better align it with international principles focused on equitable health worker migration. (shrink)

If business requires ethical solutions that are viable in the liminal landscape between concepts and corporate office, then business ethics and corporate social responsibility should offer tools that can survive the trek, that flourish in this well-traveled, but often unarticulated, environment. Indeed, feminist ethics produces, accesses, and engages such tools. However, work in BE and CSR consistently conflates feminist ethics and feminine ethics and care ethics. I offer clarification and invoke the analytic power of three feminist ethicists 'in action' whose (...) investigations into the "grey zones" of harms; identity and representational conventions; and "asymmetrical reciprocity" harmonize with business ethics' requirements. (shrink)

Understanding contemporary environments in the laboratory and elsewhere requires grappling conceptually with multiple, coexisting, nonconforming infrastructures which actors engage at the same time. In this article, I develop the analytical vocabulary of “seams” for studying heterogeneous, multi-infrastructural environments. Drawing upon six years of ethnographic fieldwork with two distributed science teams, as well as studies in Ubiquitous Computing, I examine overlaps among infrastructures and how actors work creatively with and across their seams. Rather than suggesting that actors are hemmed in or (...) incapacitated by multiple infrastructural commitments, inclusions, and exclusions, I show instead how they work artfully to align them in ways concordant with membership and how this produces both consequences for their work and opportunities for analysis. (shrink)

Spencer's evolutionary philosophy is usually identified with right-wing doctrines such as individualism, laissez-faire liberalism and even conservatism. Since he himself defended similar positions, it is perhaps not surprising that the study of the political interpretations of his ideas has drawn relatively little attention. In this article I propose to examine a rather atypical reading of Spencer's organic analogy, though definitely not a marginal one: Enrico Ferri's Marxist doctrine of Scientific Socialism. Ferri is not a figure unknown to scholars interested in (...) the political aspects of the evolutionary debate. Nonetheless, the relation between his theory and Spencer's biosociology -- notably the complex dialectic of themes such as "the struggle for existence" versus "class struggle," or "evolution" versus "revolution" -- has not yet received full-length analysis. In my study I investigate the diffusion of Spencer's ideas in Italy and their impact on the new "positivist" sciences of psychology and sociology inasmuch as these questions are essential to understanding Ferri's position. Throughout, I stress the importance of the intellectual and political context in the process of appropriation of ideas that led to this unexpected shift in meaning. (shrink)

The formal semantics that we have proposed for definite and indefinite descriptions analyzes them both as variable-binding operators and as referring terms. It is the referential analysis which makes it possible to account for the facts outlined in Section 2, e.g. for the purely ‘instrumental’ role of the descriptive content; for the appearance of unusually wide scope readings relative to other quantifiers, higher predicates, and island boundaries; for the fact that the island-escaping readings are always equivalent to maximally wide scope (...) quantifiers; and for the appearance of violations of the identity conditions on variables in deleted constituents. We would emphasize that this is not a random collection of observations. They cohere naturally with each other, and with facts about other phrases that are unambigously referential.We conceded at the outset of this paper that the referential use of an indefinite noun phrase does not, by itself, motivate the postulation of a referential interpretation. Our argument has been that the behavior of indefinites in complex sentences cannot be economically described, and certainly cannot be explained, unless a referential interpretation is assumed. It could be accounted for in pragmatic terms only if the whole theory of scope relations and of conditions on deletion could be eliminated from the semantics and incorporated into a purely pragmatic theory. But this seems unlikely. (shrink)

Has inquiry into the meaning of life become outmoded in a universe where the other-worldiness of religion no longer speaks to us as it once did, or, as Nietzsche proposed, where we are now the creators of our own value? Has the ancient question of the "good life" disappeared, another victim of the technological world? For Luc Ferry, the answer to both questions is a resounding no. In What Is the Good Life? Ferry argues that the question of the meaning (...) of life, on which much philosophical debate throughout the centuries has rested, has not vanished, but at the very least the question is posed differently today. Ferry points out the pressures in our secularized world that tend to reduce the idea of a successful life or "good life" to one of wealth, career satisfaction, and prestige. Without deserting the secular presuppositions of our world, he shows that we can give ourselves a richer sense of life's possibilities. The "good life" consists of harmonizing life's different forces in a way that enables one to achieve a sense of personal satisfaction in the realization of one's creative abilities. (shrink)

We analyzed data from a survey of employees of a large military base in order to assess possible differences in the whistle-blowingprocess due to type of wrongdoing observed. Employees who observed perceived wrongdoing involving mismanagement, sexual harassment, or unspecified legal violations were significantly more likely to report it than were employees who observed stealing, waste, safety problems, or discrimination. Further, type of wrongdoing was significantly related to reasons given by employees who observed wrongdoing but did not report it, across all (...) forms of wrongdoing. However, the primary reason that observers did not report it was that they thought nothing could be done to rectify the situation. Finally, type of wrongdoing was significantly related to the cost of the wrongdoing, the quality of the evidence about the wrongdoing, and the comprehensiveness of retaliation against the whistle-blower. These findings suggest that type of wrongdoing makes a difference in the whistle-blowing process, and it should be examined in future research. (shrink)

The paper considers the moral constraints on speaking invitations and honors at Catholic colleges and universities. I argue that the Catholic moral framework does not support the current trend at many Catholic institutions toward restricting speakers to those who accept a narrow range of moral views. I employ standard Catholic philosophical principles, including double effect and cooperation, to defend the claim that Catholic institutions can at least sometimes legitimately bestow honors on pro-choice politicians.

" Le point de départ de ce livre est une conférence dans laquelle j'ai présenté à un large public les points essentiels de mon livre, Apprendre à vivre.

Expressing views not easily placed within any one school of opinion, this collection of the papers of Tony Honore reflects the author's contribution, as both critic and participant in debate, to the study of legal philosophy over the last twenty-five years. His wide-ranging essays cover such topics as motivation to conform to the law, norms and obligations, and rights and justice, and conclude with an essay supporting the use of law to encourage or reinforce morality.

Defenders of pragmatic theories of knowledge (such as contextualism and sensitive invariantism) argue that these theories, unlike those that invoke a single standard for knowledge, comport with the intuitively compelling thesis that knowledge is the norm of assertion and practical reason. In this paper, I dispute this thesis, and argue that, therefore, the prospects for both “high standard” approach, and contend that if one abandons the thesis that knowledge is the norm of assertion and practical reason, the most serious arguments (...) against it lose force. (shrink)

Review of Luc Ferry, A Brief History of Thought.

There is an increasing interest in how managers describe and respond to what they regard as moral versus nonmoral problems in organizations. In this study, forty managers described a moral problem and a nonmoral problem that they had encountered in their organization, each of which had been resolved. Analyses indicated that: (1) the two types of problems could be significantly differentiated using four of Jones' (1991) components of moral intensity; (2) the labels managers used to describe problems varied systematically between (...) the two types of problems and according to the problem's moral intensity; and (3) problem management processes varied according to the problem's type and moral intensity. (shrink)

Human Nature After Darwin is an original investigation of the implications of Darwinism for our understanding of ourselves and our situation. It casts new light on current Darwinian controversies, and in doing so provides an introduction to philosophical reasoning and a range of philosophical problems. Janet Radcliffe Richards claims that many current battles about Darwinism, in particular about evolutionary psychology and religion, are based on mistaken assumptions about the implications of the rival views. Her analysis of these implications provides (...) a much-needed guide to the fundamentals of Darwinism and the so-called Darwin-wars, as well as providing a set of philosophical techniques relevant to wide areas of moral and political debate. It also raises philosophical problems of knowledge and certainly, free will and responsibility, altruism, the status of ethics, and the relevance of Darwinism to questions of ethics, politics and religion. The lucid presentation makes the book an ideal introduction to both philosophy and Darwinism, as well as a substantive contribution to topics of intense current controversy. It will be of interest to students of philosophy, science and the social sciences, and critical thinking. (shrink)