During periods of scarcity, or the fear of it, many health systems create or adopt triage protocols to determine how to best allocate limited resources. Interest in such protocols has become acute...

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

If libertarianism is true, then there is a sense in which agents have it within their power to bring it about that some world is actual. Against recent arguments for the incompatibility of divine foreknowledge and human freedom, I offer an account of power over the past which takes this implication of libertarianism into consideration. I argue that the resulting account is available to Ockhamists and that it is immune to recent criticisms of the notion of counterfactual power over the (...) past. But I contend that it is not an option for Molinists and that this fact leaves that position vulnerable to incompatibilist arguments. (shrink)

This is an accessible, concise introduction to phenomenological research in education and social sciences. Mark Vagle outlines the key principles for conducting this research from leading contemporary practitioners, such as van Manen, Giorgi, and Dahlberg. He builds on their work by introducing his post-intentional phenomenology, which incorporates elements of post-structural thinking into traditional methods. Vagle provides readers with methodological tools to build their own phenomenological study, addressing such issues as data gathering, validity, and writing. Replete with exercises for students, (...) case studies, resources for further research, and examples of completed phenomenological studies, this brief book affords the instructor an easy entrée into introducing phenomenology into courses on qualitative research, social theory, or educational research. (shrink)

The first look at the philosophy behind the _Captain America_ comics and movies, publishing in advance of the movie release of _Captain America: The Winter Solider_ in April 2014. In _The Virtues of Captain America_, philosopher and long-time comics fan Mark D. White argues that the core principles, compassion, and judgment exhibited by the 1940’s comic book character Captain America remain relevant to the modern world. Simply put, "Cap" embodies many of the classical virtues that have been important to (...) us since the days of the ancient Greeks: honesty, courage, loyalty, perseverance, and, perhaps most importantly, honor. Full of entertaining examples from more than 50 years of comic books, White offers some serious philosophical discussions of everyone’s favorite patriot in a light-hearted and accessible way. Presents serious arguments on the virtues of Captain America while being written in a light-hearted and often humorous tone Introduces basic concepts in moral and political philosophy to the general reader Utilizes examples from 50 years of comics featuring Captain America, the Avengers, and other Marvel superheroes Affirms the value of "old-fashioned" virtues for the modern world without indulging in nostalgia for times long passed Reveals the importance of the sound principles that America was founded upon Publishing in advance of _Captain America: The Winter Soldier _out in April 2014. (shrink)

In "Behavioral Law and Economics: The Assault on Consent, Will, and Dignity," Mark D. White uses the moral philosophy of Immanuel Kant to examine the intersection of economics, psychology, and law known as "behavioral law and economics." Scholars in this relatively new field claim that, because of various cognitive biases and failures, people often make choices that are not in their own interests. The policy implications of this are that public and private organizations, such as the state and employers, (...) can and should design the presentation of options and default choices in order to "steer" people to the decision they would make, were they able to make choices in the absence of their cognitive biases and failures. Such policies are promoted under the name "libertarian paternalism," because choice is not blocked or co-opted, but simply "nudged." White argues that such manipulation of choice is impossible to conduct in people's true interests, and any other goal pursed by policymakers substitutes their own ends, however benevolent they may be, for people's true ends. Normatively, such manipulation should not be conducted because it fails to respect the dignity and autonomy of persons, what some hold to be the central idea in Kant's ethical system, and which serves to protect the individual from coercion, however subtle, from other persons or the state. (shrink)

Was treibt seine Gegenspieler an? Ist Batman in seiner Menschlichkeit besser als Superman? Die Philosophie bei Batman bietet unterhaltsame Antworten und Einblicke in Batmans Welt.

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

Batman has been one of the world’s most beloved superheroes since his first appearance in issue #27 of Detective Comics in 1939. Clad in his dark cowl and cape, he has captured the imagination of thousands of fans with his acrobatic fighting skills, high-tech crimefighting gadgets, and swift but often violent brand of justice. But why has he enjoyed such long-lived popularity as a character? And why have his actions caused debate among fans and philosophers? Based on four decades of (...) comic book storylines, Batman and Ethics explores the concepts and contradictions of the ethical and moral code of the Dark Knight. From the logic behind his aversion to killing, to the implication of his use of torture, to the moral status of vigilantism in the pursuit of justice, Batman’s ethical precepts are both compelling and deeply flawed. Starting with the character-defining work of Denny O'Neil and Neal Adams in the early 1970s, through the revolutionary era of the reimagined superhero comic in the 1980s and 1990s, to the new directions in the modern works of Grant Morrison, Ed Brubaker, Scott McDaniel, and ending with the release of the New 52, Batman and Ethics explores the developments of Batman's most troubling ethical dilemmas. It is a thought-provoking and entertaining journey through four decades of Batman's struggles and triumphs - a perfect way for readers to approach the complex questions of ethics and moral philosophy through one of the most popular canons in comic book history. (shrink)

Following other contributions about the MAX accidents to this journal, this paper explores the role of betrayal and moral injury in safety engineering related to the U.S. federal regulator’s role in approving the Boeing 737MAX—a plane involved in two crashes that together killed 346 people. It discusses the tension between humility and hubris when engineers are faced with complex systems that create ambiguity, uncertain judgements, and equivocal test results from unstructured situations. It considers the relationship between moral injury, principled outrage (...) and rebuke when the technology ends up involved in disasters. It examines the corporate backdrop against which calls for enhanced employee voice are typically made, and argues that when engineers need to rely on various protections and moral inducements to ‘speak up,’ then the ethical essence of engineering—skepticism, testing, checking, and questioning—has already failed. (shrink)

This is the second volume of an "essay in existential philosophy." The first, published in 1977, was intended to "do justice to certain experiential givens of immediate experience" which, once subjected to "severe" testing, could be established as "scientific hypotheses at the level of an existential critique of knowledge". The second volume now means to provide "an ensemble of ideal base intuitions, expressible as a 'system', of which each constitutes the concrete taking of a position before a certain state of (...) things in the existential domain". Its method is to work from descriptions of "the existent in the domain of action" in order to find "kernels of convergence, centers of autonomy, that is structures," and so to be able to ask, finally, about the ground of these in a transcendent act of being. (shrink)

Corporate social responsibility (CSR) has emerged as an effective way for firms to create favorable attitudes among consumers. Although prior research has addressed the direct influence of proactive and reactive CSR on consumer responses, this research hypothesized that consumers’ perceived organizational motives (i.e., attributions) will mediate this relationship. It was also hypothesized that the source of information and location of CSR initiative will affect the motives consumers assign to a firms’ engagement in the initiative. Two experiments were conducted to test (...) these hypotheses. The results of Study 1 indicate that the nature of a CSR initiative influences consumer attribution effects and that these attributions act as mediators in helping to explain consumers’ responses to CSR. Study 2 suggests that the source of the CSR message moderates the effect of CSR on consumer attributions. The mediating influence of the attributions as well as the importance of information source suggests that proper communication of CSR can be a viable way to inculcate positive corporate associations and purchase intentions. (shrink)

Dubourg and Baumard posited that preferences for exploration are the key to the popularity in imaginary worlds. This commentary argues that other forms of exploration may also account for the success and appeal of specific types of imaginary worlds, namely self-exploration within interactive imaginary worlds such as videogames.

In the common law world, Albert Venn Dicey is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey (...) is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law. (shrink)

Is it rational to strive for the unattainable? In this short and provocative study, Nicholas Rescher vigorously defends both the rationality and practicality of seriously pursuing impossible dreams.

I argue in this article that there is a mistake in Searle's Chinese room argument that has not received sufficient attention. The mistake stems from Searle's use of the Church-Turing thesis. Searle assumes that the Church-Turing thesis licences the assumption that the Chinese room can run any program. I argue that it does not, and that this assumption is false. A number of possible objections are considered and rejected. My conclusion is that it is consistent with Searle's argument to hold (...) onto the claim that understanding consists in the running of a program. (shrink)

We show that the fundamental legal structure of a well-written financial contract follows a state-transition logic that can be formalized mathematically as a finite-state machine (specifically, a deterministic finite automaton or DFA). The automaton defines the states that a financial relationship can be in, such as “default,” “delinquency,” “performing,” etc., and it defines an “alphabet” of events that can trigger state transitions, such as “payment arrives,” “due date passes,” etc. The core of a contract describes the rules by which different (...) sequences of events trigger particular sequences of state transitions in the relationship between the counterparties. By conceptualizing and representing the legal structure of a contract in this way, we expose it to a range of powerful tools and results from the theory of computation. These allow, for example, automated reasoning to determine whether a contract is internally coherent and whether it is complete relative to a particular event alphabet. We illustrate the process by representing a simple loan agreement as an automaton. (shrink)

American orthodox medicine consolidated its professional authority in the early 20th Century on the basis of its unbiased scientific method. The centerpiece of such a method is a strategy for identifying truly effective new therapies, i.e., the randomized clinical trial (RCT). A crucial component of the RCT in illnesses without established treatment is the placebo control. Placebo effects must be identified and distinguished from pharmacological effects because placebos produce actual but unexplained therapeutic successes. The blinding necessary for a proper placebo-controlled (...) RCT therefore introduces an epistemic bias into orthodox medicine: therapeutic successes that rely upon a direct link between knowing and healing, such as placebo effects, are discarded in favor of therapeutic successes that rely upon an indirect link between knowing and healing, such as pharmacological interventions. Where the capacity to produce therapeutic results once validated the method of clinical medical science, now method validates results. The clinical consequences of this method of testing therapies include a diminished vision of the therapeutic potential of the doctor-patient relationship and of the potential human resources available for healing. Keywords: doctor-patient relationship, epistemology, placebo effect, professionalization, randomized clinical trials CiteULike Connotea Del.icio.us What's this? (shrink)

Volume 20, Issue 3, March 2020, Page 83-85.

Clinical bioethics is big business. There are now hundreds of people who bioethics in community and university hospitals, nursing homes, rehabilitation and home care settings, and some who play the role of clinical ethics consultant to transplant teams, managed care companies, and genetic testing firms. Still, there is as much speculation about what clinically active bioethicists actually do as there was ten years ago. Various commentators have pondered the need for training standards, credentials, exams, and malpractice insurance for ethicists engaged (...) in clinical consultation. Much of the discussion seems to accept an implicit presumption that all clinical ethics consultation practices look pretty much alike. But is this accurate? What do clinical ethicists do, how and where do they do it, and what kind of clinical ethics is useful in the hospital and in other settings? (shrink)

Prior research has studied the antecedents of beliefs regarding ethics and social responsibility (ESR). However, few studies have examined how individual well-being may be related to such beliefs. In this exploratory study, we assessed the relationship between perceived importance of ESR – both individually and of one's company – and indicators of physical and psychological well-being. Results demonstrated that perceived importance of ESR was associated with three aspects of well-being: exuberance for life, sleep problems, and job stress. The results are (...) discussed in terms of future directions for research, and the need for a conceptual framework connecting individual and organizational perceptions of ESR and outcomes of well-being. (shrink)

In the Aharonov- Bohm effect, electromagnetic potentials alter the two-slit interference pattern formed by an electron beam. We discuss here a curious feature of this effect, namely that, even though the interference pattern changes, none of its moments are shifted.