The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?"Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)
In Resisting Reality: Social Construction and Social Critique, contemporary feminist philosopher Sally Haslanger claims that the reality of race and gender is built on unjust social structures and must be resisted. Meanwhile, contemporary social theorist Gayatri Chakravorty Spivak extends the term ‘subaltern’ to Third World Asian women who were rendered inarticulate by centuries of oppressive masculinist, imperialist, and colonial rule. This article examines how a metaphysics of resistance, culled from philosophy and postcolonial studies, can contribute to expanding postcolonial feminist theologizing.
Lacker (1981) and Lacker & Akin (1988) developed a mathematical model of follicular maturation and ovulation; this model of only four parameters accounts for a large number of results obtained over the past decade or more on the control of follicular growth and ovulation in mammals. It establishes a single law of maturation for each follicle which describes the interactions between growing follicles. The function put forward is sufficient to explain the constancy of the number of ovulations or large follicles (...) in a female as well as the variability of this number among strains or species and for either induced or spontaneous ovulators. According to the model, the number of ovulations or large follicles lies between two limits that are themselves simple functions of two parameters of the model. Moreover, Lacker's model exhibits interesting characteristics in agreement with results obtained by physiologists: in particular, it predicts that the number of ovulating or large follicles is independent of:1. the total number of maturing follicles, 2. the process of recruitment of newly maturing follicles towards the terminal maturation (Poisson or other), 3. the form of the LH or FSH secretion curves as functions of the systemic level of oestradiol. The model further predicts that 4. selection and dominance of follicles result from the feedback between the ovary and the hypophysis through the interactions between follicles; these interactions are expressed by the maturation function of the model. 5. recovery from atresia is possible for a follicle: from decreasing, the rate of secretion of oestradiol may increase. 6. the revised model suggests a renewal of follicles during the sexual cycle, as waves of follicular growth. Lacker's model is a model of strict dominance; it maintains a hierarchy of the follicles as soon as they start their final maturation to the ovulations as that is observed in bird or reptile ovary. Such a strict hierarchy is possible but it is probably not a general situation in all mammals. We therefore modified the maturing function of the follicle in order to make it compatible with the observations of physiologists: follicles always interact as in the initial model but they individually become old, the hierarchy of follicles can be modified with time and the largest follicles do not indefinitely grow as in the initial model. (shrink)
Conversations with patients and families about the allow-natural-death (AND) order, along with the standard do-not-resuscitate (DNR) order during end-of-life (EOL) decision-making, may create engagement and understanding while promoting care that can be defended using enduring notions of autonomy, beneficence, and professional duty. Ethical, legal, and pragmatic issues surrounding EOL care decision-making seem to suggest discussion of AND orders as one strategy clinicians could consider at the individual practice level and at institutional levels. A discussion of AND orders, along with traditional (...) DNR orders is presented. This is followed by argument and counter-argument focused on ethical, legal, and practical issues germane to EOL care decision-making associated with use of AND orders. (shrink)
We conduct an experiment with 459 nonprofessional investors to examine whether they evaluate companies differently based on management’s stated purpose for undertaking corporate social responsibility activities in the presence versus absence of a company-specific negative event. Specifically, we vary whether or not management intends to achieve financial returns from CSR activities in addition to promoting social good. We address investors’ decision processes by investigating whether their judgments are mediated by perceptions of future cash flows and/or the underlying ethical culture of (...) the company. Results show that absent a negative event, investment judgments are stronger when CSR activities are intended to achieve financial returns, through expectations of higher future cash flows. However, when a negative event occurs, we find a moderating effect of independent assurance of CSR disclosures. When disclosures are not assured, investors prefer CSR undertaken only for societal benefit, mediated by perceptions of a stronger ethical culture. However, when disclosures are assured, ethical culture is viewed similarly regardless of management’s intention to achieve financial returns from CSR activities. This suggests that management’s willingness to obtain independent assurance on disclosures is viewed as a positive ethical signal. Thus, assurance complements disclosure of CSR activities by contributing to protection against the impact of negative events. (shrink)
Neste artigo eu defendo que o conhecimento de proposições filosóficas pode e deve desempenhar o papel de ideal regulador das aulas de Filosofia no Ensino Médio. Grosso modo, penso haver dois tipos de conhecimento pressupostos nas aulas de Filosofia no Ensino Médio: o primeiro, que, por conveniência, chamarei de conhecimento filosófico disposicional, e o segundo, o conhecimento filosófico proposicional. O primeiro consiste naquele conhecimento que leva em conta apenas certas habilidades filosóficas de identificação de teses, de identificação e análise de (...) argumentos etc. O segundo envolve a garantia da verdade de uma proposição filosófica via justificação. Argumento que o conhecimento filosófico disposicional, embora seja um pressuposto epistemológico suficiente a ser tomado para a confecção de uma aula de Filosofia no Ensino Médio, não é necessário. Isso porque esse tipo de conhecimento não desempenha satisfatoriamente a função de objetivo último das aulas de Filosofia, se considerarmos uma característica fundamental da Filosofia: qual seja, aquela atividade que, através de seus autores, possui enquanto objetivo último obter conhecimento de certas proposições filosóficas. Além disso, argumento que o primeiro tipo de conhecimento é adequadamente desenvolvido somente se regulado por um ideal de conhecimento do segundo tipo. Assim considerado, além de fazermos, de fato, a Filosofia presente na sala de aula, tendemos a ter ganhos consideráveis para a postura dos alunos frente às questões filosóficas fundamentais. (shrink)
Despite governmental and private antismoking initiatives, tobacco smoking remains a significant public health and economic challenge. The Centers for Disease Control and Prevention estimates that for each year between 1997 and 2001, cigarette smoking and exposure to secondhand smoke caused approximately 438,000 U.S. residents to die prematurely, resulting in 5.5 million years of potential life lost, and in $92 billion dollars of lost productivity. Also, despite convincing scientific data that laws against indoor smoking protect people from the negative health effects (...) of cigarette smoke, not all states have afforded their residents this protection. As of July 2007, 16 states neither restricted nor banned indoor smoking in restaurants, private worksites, or government worksites, and many state statutes only required separate rooms for smokers rather than eliminating all smoking inside buildings. In several states, local governments have attempted to fill this gap by adopting their own antismoking measures. (shrink)
Elimination of state laws that preempt local antismoking ordinances is a national health objective. However, the tobacco industry and its supporters have continued to pursue statelevel preemption of local tobacco control ordinances as part of an apparent strategy to avoid the difusion of grassroots antismoking initiatives. And, an increasing number of challenges to local ordinances by the tobacco industry and persons supported by the tobacco industry are being decided in state supreme courts and courts of appeals. The outcomes of seemingly (...) similar cases about the validity of local smoke-free air ordinances vary signifcantly by state. This paper examines the common and unique aspects of the decisions and the potential implications of court rulings on preemption for future state tobacco control eforts and achievement of national health objectives around the elimination of preemption. Using a search strategy developed for the Centers for Disease Control and Prevention's State Tobacco Activities Tracking and Evaluation System, cases where a state or federal appellate level court made a fnding on the validity of a local smoke-free air ordinance or regulation were identifed in 19 states. In contrast to previous studies, we found that cases in approximately half of states were decided for local governments. We also found that across the states, courts were considering similar factors in their decisions including the extent to which: the local government possessed the authority to pass the ordinance, the ordinance conficted with the state constitution, and state statutes preempt the ordinance. (shrink)
Despite spending more on health care than every other industrialized country, the U.S. ranks 37th in health outcomes. These differences cannot be explained away with differences in age and income, or even with quality of care. And, the rate of growth in health care spending in the U.S. continues to increase. The share of the Gross Domestic Product attributable to health care grew from 9% in 1980 to more than 17% in 2011. Health care costs are projected to account for (...) more than one-fifth of our economy by 2021. Despite spending more and more, the U.S. does not have better health outcomes than other countries. Worse, our increasing spending is largely attributable to preventable conditions. More than 85 cents of every dollar spent on health in the U.S. are spent on the treatment and management of chronic diseases, such as those caused by preventable conditions related to obesity and tobacco use. (shrink)
