David Enoch recently defended the idea that there are valid inferences of the form ‘it would be good if p, therefore, p’. I argue that Enoch's proposal allows us to infer the absurd conclusion that ours is the best of all possible worlds.

Some moral theories, such as objective forms of consequentialism, seem to fail to be practically useful: they are of little to no help in trying to decide what to do. Even if we do not think this constitutes a fatal flaw in such theories, we may nonetheless agree that being practically useful does make a moral theory a better theory, or so some have suggested. In this paper, I assess whether the uncontroversial respect in which a moral theory can be (...) claimed to be better if it is practically useful can provide a ground worth taking into account for believing one theory rather than another. I argue that this is not the case. The upshot is that if there is a sound objection to theories such as objective consequentialism that is based on considerations of practical usefulness, the objection requires that it is established that the truth about what we morally ought to do cannot be epistemically inaccessible to us. The value of practical usefulness has no bearing on the issue. (shrink)

In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be deemed (...) untimely. (shrink)

Many philosophers think the distinctive function of deontic evaluation is to guide action. This idea is used in arguments for a range of substantive claims. In this paper, we entirely do one completely destructive thing and partly do one not entirely constructive thing. The first thing: we argue that there is an unrecognized gap between the claim that the function of deontic evaluation is to guide action and attempts to put that claim to use. We consider and reject four arguments (...) intended to bridge this gap. The interim conclusion is thus that arguments starting with the claim that the function of deontic evaluation is to guide action have a lacuna. The second thing: we consider a different tack for making arguments of this sort work. We sketch a methodology one could accept that would do the trick. Unfortunately, as we’ll explain, although this methodology would bridge the gap in arguments that put claims about the function of deontic evaluation to work, it would do so in a way that vitiates any interest we might have in such arguments. As an aside, we’ll also point out how epistemologists, who have recently become interested in the function of epistemic evaluation, appear to already recognize this fact. The conclusion is hence a dilemma: either arguments from deontic function to substance have a lacuna or such arguments lack teeth. (shrink)

There are two distinct views on how to formulate an objective consequentialist account of the deontic status of actions, actualism and possibilism. On an actualist account, what matters to the deontic status of actions is only the value of the outcome an action would have, if performed. By contrast, a possibilist account also takes into account the value of the outcomes that an action could have. These two views come apart in their deontic verdicts when an agent is imperfect in (...) an avoidable way, viz., when agent brings about less good than she could. In this paper, I offer an argument against actualism that draws on the connection between moral obligation and practical reasons. (shrink)

This article addresses the fiduciary issues raised by the current practice of plan fiduciaries of not only disclaiming any fiduciary responsibility for brokerage window investments, but also abdicating any role (fiduciary or otherwise) in assessing even the general suitability of those investments for a retirement plan, and concludes that the practice is in plain and notorious violation of what ERISA requires of fiduciaries.

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

The characterization of objective, normative reasons to φ as facts (or truths) that count in favor of φ-ing is widely accepted. But are there any further conditions that considerations which count in favor of φ-ing must meet, in order to count as a reason to φ? In this brief paper, I consider and reject one such condition, recently proposed by Caspar Hare.

Introduction: Uncertainty is omnipresent in cancer care, including the ambiguity of diagnostic tests, efficacy and side effects of treatments, and/or patients' long-term prognosis. During second opinion consultations, uncertainty may be particularly tangible: doubts and uncertainty may drive patients to seek more information and request a second opinion, whereas the second opinion in turn may also affect patients' level of uncertainty. Providers are tasked to clearly discuss all of these uncertainties with patients who may feel overwhelmed by it. The aim of (...) this study was to explore how oncologists communicate about uncertainty during second opinion consultations in medical oncology.Methods: We performed a secondary qualitative analysis of audio-recorded consultations collected in a prospective study among cancer patients who sought a second opinion in medical oncology. We purposively selected 12 audio-recorded second opinion consultations. Any communication about uncertainty by the oncologist was double coded by two researchers and an inductive analytic approach was chosen to allow for novel insights to arise.Results: Seven approaches in which oncologists conveyed or addressed uncertainty were identified: specifying the degree of uncertainty, explaining reasons of uncertainty, providing personalized estimates of uncertainty to patients, downplaying or magnifying uncertainty, reducing or counterbalancing uncertainty, and providing support to facilitate patients in coping with uncertainty. Moreover, oncologists varied in their choice of words/language to convey uncertainty.Discussion: This study identified various approaches of how oncologists communicated uncertain issues during second opinion consultations. These different approaches could affect patients' perception of uncertainty, emotions provoked by it, and possibly even patients' behavior. For example, by minimizing uncertainty, oncologists may consciously steer patients toward specific medical decisions). Future research is needed to examine how these different ways of communicating about uncertainty affect patients. This could also facilitate a discussion about the desirability of certain communication strategies. Eventually, practical and evidence-based guidance needs to be developed for clinicians to optimally inform patients about uncertain issues and support patients in dealing with these. (shrink)

According to the principle that ‘ought’ implies ‘can’, it is never the case that you ought to do something you cannot do. While many accept this principle in some form, it also has its share of critics, and thus it seems desirable if an argument can be offered in its support. The aim of this paper is to examine a particular way in which the principle has been defended, namely, by appeal to considerations of fairness. In a nutshell, the idea (...) (due to David Copp) is that moral requirements we cannot comply with would be unfair, and there cannot be unfair moral requirements. I discuss several ways of spelling out the argument, and argue that all are unsatisfactory for a variety of reasons. (shrink)

The European Union Commission’s whitepaper on Artificial Intelligence proposes shaping the emerging AI market so that it better reflects common European values. It is a master plan that builds upon the EU AI High-Level Expert Group guidelines. This article reviews the masterplan, from a culture cycle perspective, to reflect on its potential clashes with current societal, technical, and methodological constraints. We identify two main obstacles in the implementation of this plan: the lack of a coherent EU vision to drive future (...) decision-making processes at state and local levels and the lack of methods to support a sustainable diffusion of AI in our society. The lack of a coherent vision stems from not considering societal differences across the EU member states. We suggest that these differences may lead to a fractured market and an AI crisis in which different members of the EU will adopt nation-centric strategies to exploit AI, thus preventing the development of a frictionless market as envisaged by the EU. Moreover, the Commission aims at changing the AI development culture proposing a human-centred and safety-first perspective that is not supported by methodological advancements, thus taking the risks of unforeseen social and societal impacts of AI. We discuss potential societal, technical, and methodological gaps that should be filled to avoid the risks of developing AI systems at the expense of society. Our analysis results in the recommendation that the EU regulators and policymakers consider how to complement the EC programme with rules and compensatory mechanisms to avoid market fragmentation due to local and global ambitions. Moreover, regulators should go beyond the human-centred approach establishing a research agenda seeking answers to the technical and methodological open questions regarding the development and assessment of human-AI co-action aiming for a sustainable AI diffusion in the society. (shrink)

Corpus of Mesopotamian Anti-Witchcraft Rituals. By Tsvi Abusch, Daniel Schwemer, Mikko Luukko, and Greta van Buylaere. Ancient Magic and Divination, vol. 8.3. Leiden: briLL, 2020. Pp. xx + 507, 68 pls. $297. Corpus of Mesopotamian Anti-Witchcraft Rituals: Glossaries and Indices. By Greta van Buylaere and Mikko Luukko. Ancient Magic and Divination, vol. 8.4. Leiden: briLL, 2020. Pp. viii + 163. $127.

Introduzione: L'uomo alla scoperta di se stesso, di N. Fabro.--Realtà della condizione umana e valori morali; appunti per una antropologia attuale, di S. Misser.--Fede nella creazione ed evoluzionismo, di P. Smulders.--Il senso biologico della morale di San Paolo, di José-Maria Gonzalez-Ruiz.--Immagine umanistica dell'uomo, di J.P. van Praag.--L'etica della situazione, di E. Schillebeeckx.--Dossier Teilhard de Chardin: Introduzione, Teilhard de Chardin, o della fede nell'uomo, di F.V. Joannes. Destino cosmico e destino individuale dell'uomo, di A. Catemario. L'evoluzione spirituale del genere umano, (...) di P. Martini. La Persona nel fenomeno della socializzazione, di F. Russo. (shrink)

In the years 1777–1778 four volumes were published under the title Legal Observations on Several Dark and Until Now Unverified Sections of the Introduction. The volumes were composed by a society of young legal practitioners from The Hague, the most famous among them being Joannes van der Linden. By then Grotius’s Introduction to the Jurisprudence of Holland was still the cornerstone of the law of Holland and around the year 1800 it would become the fundament for attempts to codify (...) this law. Today the Legal Observations can function as entrance to the historical sources of the law of Holland as described by Grotius and developed further after publication of his Introduction. (shrink)

There is little empirical evidence showing a direct link between a capacity for statistical learning (SL) and proficiency with natural language. Moreover, discussion of the role of SL in language acquisition has seldom focused on literacy development. Our study addressed these issues by investigating the relationship between SL and reading ability in typically developing children and healthy adults. We tested SL using visually presented stimuli within a triplet learning paradigm and examined reading ability by administering the Wide Range Achievement Test (...) (WRAT-4; Wilkinson & Robertson, 2006). A total of 38 typically developing children (mean age of 9;5 years, range 6;4–12;5) and 37 healthy adults (mean age of 21 years, range 18–34) were assessed. In children, SL was significantly related to reading ability. Importantly, this relationship was independent of grade and also age. The adult data, too, revealed that SL was significantly related to reading ability. A regression analysis of the combined child and adult data revealed that SL accounted for a unique amount of variance in reading ability, after age and attention had been taken into consideration. For the first time, this study provides empirical evidence that a capacity for more effective SL is related to higher reading ability in the general population. (shrink)

This article explores the notion of the unconscious (das Unbewusste) in terms of its nature and constitutive manifestations in consciousness. In contrast to the psychoanalytic formulation, the unconscious is conceptualized here distinctively as sedimentation (die Sedimentierung) within the Husserlian framework. All `experiences sediment and are “stored” in a darkened, affectless region of the psyche, which is nonetheless not in any sense separated from the sphere of consciousness. Rather, the sedimented experiences move dynamically between the unconscious and consciousness, constantly affecting and (...) manifesting in the upcoming conscious activities of the subject. Based on this conceptualization, I suggest a schematic understanding of the manifestations of the unconscious, or sedimentation, in consciousness. The conceptual division of consciousness into the sphere of understanding (Verstandessphäre), sphere of affect (Gemütssphäre) and sphere of volition (Willenssphäre) allows us to speak of the corresponding threefold manifestations of the unconscious in each of these spheres as type (Typus), mood (Stimmung) and habits (Habitus). Having their genetic “origin” in sedimented experiences, these structural moments play a constitutive role in upcoming conscious activities of the intentional subject. Furthermore, I demonstrate that each of these moments is characterized by a distinctive kind of horizonality, in light of which a deepened understanding of the genetic concept of horizon-consciousness (Horizontbewusstsein) is obtained. Despite the conceptual tripartition, I emphasize at the end the essential intertwinement of the three structural moments in such conscious performance as association. (shrink)

The scope of the issues -- The moral relationship between leaders and followers -- The morality of leaders : motives and deeds -- Puzzles and perils of transformational leadership.

Understanding the nature of science has long been a desired outcome of science education, despite ongoing disagreements about the content, structure, and focus of NOS expectations. Addressing the concern that teachers likely focus only on student learning expectations appearing in standards documents, this study examines the current state of NOS in science education standards documents from nine diverse countries to determine the overt NOS learning expectations that appeared, NOS statements provided near those learning expectations, but not identified as learning outcomes, (...) and NOS statements found in ancillary text. Findings indicate that NOS ideas rarely occur as expectations for student learning and are far more commonly found in ancillary material. Moreover, consensus was not apparent in the overt learning outcomes for students. Given the well-documented poor state of NOS instruction and the consistent lack of NOS appearing in published curriculum materials, the NOS standards appearing in nearly all documents analyzed are unlikely to provide sufficient conceptual or pedagogical support for NOS to be accurately interpreted or translated into meaningful experiences for students. (shrink)

The business and human rights movement shares several goals with the Benefit Corporation movement: corporations respecting human rights; maintaining a “wide aperture” so that all impacts of a company on people and communities are addressed; and creating rigorous standards of conduct and means of accountability. This paper argues that nonetheless the movements are traveling along parallel tracks and thus missing an opportunity for mutual learning that can improve their effectiveness. The BHR movement can look to B Corps for concrete examples (...) of viable companies that value human rights intrinsically and not just where there is a “business case” to do so. The B Impact Assessment, the B Corp certification tool, can better ensure that B Corps are in fact respecting human rights by adopting BHR standards. And both movements must give greater consideration to the potential contradiction between unlimited scaling—a key goal of B Corps—and the ability of large multinational corporations to respect human rights. (shrink)

The frontispiece of Hobbes's Leviathan is justly renowned as a powerful visual advertisement for his political philosophy. Consequently, its rich imagery has been the subject of extensive scholarly commentary. Surprisingly, then, its gendered dimensions have received relatively limited attention. This essay explores this neglected facet of the frontispiece. I argue that the image initially appears to present a hypermasculine sovereign. However, upon closer inspection, and considered alongside Hobbes's economic theory, it yields to a reading of the sovereign as an ambiguously (...) gendered figure. Reading the frontispiece through the prism of gender and the economy reveals not a static image of unwavering male power but rather one of an equivocally-sexed creature teeming with life, contradictions, and complexities worthy of continued examination. (shrink)

Many commentators have contrasted the way that sociability is theorized in the writings of Mary Astell and Damaris Masham, emphasizing the extent to which Masham is more interested in embodied, worldly existence. I argue, by contrast, that Astell's own interest in imagining a constitutively relational individual emerges once we pay attention to her use of religious texts and tropes. To explore the relevance of Astell's Christianity, I emphasize both how Astell's Christianity shapes her view of the individual's relation to society (...) and how Masham's contrasting views can be analyzed through the lens of her charge that Astell is an “enthusiast.” In late seventeenth-century England, “enthusiasm” was a term of abuse that, commentators have recently argued, could function polemically to dismiss those deemed either excessively social or antisocial. By accusing Astell of enthusiasm, I claim, Masham seeks to marginalize the relational self that Astell imagines and to promote a more instrumental view of social ties. I suggest some aspects of Astell's thought that may have struck contemporaries as “enthusiastic” and contrast her vision of the self with Masham's more hedonistic subject. I conclude that, although each woman differently configures the relation between self and society, they share a desire to imagine autonomy within a relational framework. (shrink)

Despite his producing voluminous writings beyond Utopia, scholarly consensus seems to be that if we want to understand the political thought of Thomas More, we must turn to this ‘little book’. This approach, however, has yielded little consensus about how to categorise More as a political thinker, as Utopia is notoriously and intentionally enigmatic. This article attempts to generate a portrait of More as a political thinker by going beyond an investigation of Utopia alone and taking into consideration those texts (...) often overlooked or rejected by scholars, primarily his polemical and religious writings. Doing so provides an outline of More as a thinker concerned with themes of natural and artificial inequality, popular authority and representation and, at the least, justifies the exercise of reading More’s work beyond Utopia. (shrink)

In this paper I argue that a greater understanding of the part of ethics in leadership will improve leadership studies. Debates over thedefinition of leadership are really debates over what researchers think constitutes good leadership. The ultimate question is not “What is leadership?” but “What is good leadership?” The word good is refers to both ethics and competence. Research into leadership ethics would explore the ethical issues of current leadership research, serve as a critical study of the field, analyze and (...) expand normative theories of leadership, and develop new theories, research questions and ways of thinking about leadership. (shrink)

In this paper I argue that a greater understanding of the part of ethics in leadership will improve leadership studies. Debates over the definition of leadership are really debates over what researchers think constitutes good leadership. The ultimate question is not "What is leadership?" but "What is good leadership?" The word good is refers to both ethics and competence. Research into leadership ethics would explore the ethical issues of current leadership research, serve as a critical study of the field, analyze (...) and expand normative theories of leadership, and develop new theories, research questions and ways of thinking about leadership. (shrink)

This paper discusses a deterministic model of the spread of an infectious disease in a closed population that was proposed byKermack &McKendrick . The mathematical assumptions on which the model is based are listed and criticized. The ‘threshold theorem’ according to which an epidemic develops if, and only if, the initial population density exceeds a certain value determined by the parameters of the model, is discussed. It is shown that the theorem is not true. A weaker result is stated and (...) proved.A new simplified version of the model is discussed. In this model it is assumed that an infected individual becomes infectious after a constant time and that it will removed after a constant time. Numerical simulations of this model show that the form of the fluctuations in the number of diseased individuals depends on the values of the parameters. The number of infectious individuals may oscillate up and down under certain circumstances. Necessary conditions for the number of infectious individuals to rise above previous levels are stated and proved. (shrink)

This study examines how authentic leadership influences team performance via the mediating mechanism of team reflexivity. Adopting a self-regulatory perspective, we propose that authentic leadership will predict the specific team regulatory process of reflexivity, which in turn will be associated with two outcomes of team performance, effectiveness and productivity. Using survey data from 53 teams in three organizations in the United Kingdom and Greece and controlling for collective trust, we found support for our stated hypotheses with the results indicating a (...) significant fully mediated relationship. As predicted the self-regulatory behaviors inherent in the process of authentic leadership served to collectively shape team behavior, manifesting in the process of team reflexivity, which, in turn, positively predicted team performance. We conclude with a discussion of how this study extends theoretical understanding of authentic leadership in relation to teamwork and delineate several practical implications for leaders and organizations. (shrink)

The University of Pittsburgh Medical Center (UPMC) "Policy for the Management of Terminally Ill Patients Who May Become Organ Donors after Death" proposes to take organs from certain patients as soon as possible after expected cardiopulmonary death. This policy requires clear understanding of the descriptive state of the donor's critical cardiopulmonary and neurologic functional capacity at the time interventions to sustain or harvest organs are undertaken. It also requires strong consensus about the moral and legal status of the donor during (...) dying and confirmation of death. There has been no need for the clarity and precision that this policy relies upon, and thus the needed research and conceptual work has not previously been generated. The empiric base and societal consensus are both too frail to provide justification for this policy at this time. (shrink)

In today's business world, ethics is not simply a peripheral concern of executive boards or a set of supposed constraints on free enterprise. Ethics stands at the very core of our working lives and of society as a whole, defining the public image of the business community and the ways in which individual companies and people behave. What people do at work--and how they think about work--determines their attitudes and aspirations, affecting and even structuring their personal lives and habits. Working (...) from this premise, Honest Work: A Business Ethics Reader provides a practical overview of business ethics that concentrates on the ethical problems and dilemmas students are most likely to face in their prospective work environments. Classic and recent articles and cases cover a broad spectrum of issues and concerns--from private ethical dilemmas to larger considerations of corporate values--and propose guidelines for thinking about the business world in a moral context. Each reading and case is followed by lively questions for discussion. Offering a welcome alternative to the impersonal tone of most business ethics texts, the editors address students in an appealing and conversational manner. They provide engaging chapter introductions that include personal narratives and also present the ideas of great philosophers in a unique way--as emails. Ideal for introductory undergraduate and MBA courses in business ethics, Honest Work: A Business Ethics Reader can be read as a coherent narrative but also offers instructors great flexibility, as its various chapters, readings, and cases can be pursued in almost any order. A Companion Website featuring chapter objectives and summaries, study questions, self-tests, and off-site links of interest will soon be available. An Instructor's Manual with Test Bank is available to adopters. (shrink)