Surgical innovation involves practices, such as new devices, technologies, procedures, or applications, which are novel and untested. Although innovative practices are believed to offer an improvement on the standard surgical approach, they may prove to be inefficacious or even dangerous. This article considers how surgeons considering innovation should reason in the conditions of uncertainty that characterize innovative surgery. What attitude to the unknown risks of innovative surgery should they take? The answer to this question involves value judgments about the acceptability (...) of risk taking when satisfactory scientific information is not available. This question has been confronted in legal contexts, where risk aversion in the form of the precautionary principle has become increasingly influential as a regulatory response to innovative technologies that pose uncertain future hazards. This article considers whether it is appropriate to apply a precautionary approach when making decisions about innovative surgery. (shrink)

This book is a contribution both to analytical philosophy of mind, and to Marxist philosophy. Marxists see pervasive irrationality in the conduct of human affairs, and claim that people in a class-divided society are prone to a variety of misconceptions. They say that we can suffer from "false consciousness" in our views about what inspires our behavior and in our judgments as to what is good for us. Meyerson uses the techniques of analytic philosophy to investigate this picture and (...) argues that Marxism is committed to the idea of motivated belief, and that the idea is philosophically defensible. She shows that there are other philosophically defensible claims which are congenial to Marxism: that there are facts about interests, that interests are not based on wants, that a desire can be contaminated by its history, that our judgments about our interests do not automatically motivate us, and that beliefs can survive the evidence that they are false. Meyerson throws light on puzzling psychological phenomena which confront everyone in their everyday political experience. (shrink)

This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove this perceived impediment, two bills proposed that innovating doctors sued for negligence should be able to rely in their defence on the fact that their decision to (...) innovate was “responsible.” A decision to innovate would be regarded as responsible if it followed a specified process. Although these changes to the law of medical negligence were not passed, this article argues that the idea of a process-based approach was sound. In the United States, a number of states have passed “Right to Try” laws that permit doctors to prescribe and companies to provide investigational products without the need for FDA approval. These laws do not purport to and nor are they able to alter the obligations of individuals and companies under federal law. They are consequently unlikely to achieve their stated aim of expanding access to investigational products. This article argues that they nevertheless have a cogent rationale in so far as they highlight the need for rights-based reform to federal regulations governing access. (shrink)

Demands for access to experimental therapies are frequently framed in the language of rights. This article examines the justifiability of such demands in the specific context of surgical innovations, these being promising but non-validated and potentially risky departures from standard surgical practices. I argue that there is a right to access innovative surgery, drawing analogies with other generally accepted rights in medicine, such as the right not to be forcibly treated, to buy contraceptives, and to choose to have an abortion, (...) including a post-viability abortion where the mother's life or health is threatened by the pregnancy. I argue that we accept these rights because we believe that people are entitled to try to preserve their lives and health and to make choices of an important and intensely personal kind, and I suggest that a person's choice of medical treatment should be seen in the same light. However, since few rights are absolute, I also consider the circumstances in which it may be justifiable to limit the right to access innovative surgery. In discussing this question, I apply the human rights standard of proportionality, comparing the importance of the reasons for limiting the right with the severity of the invasion on liberty. (shrink)

This article considers procedural justice in the law, with specific reference to the adjudicative context of governmental officials applying legal standards to particular cases. We critically survey the three main accounts of procedural justice in the literature: utilitarian, outcome‐based, and dignitarian. Utilitarian and outcome‐based theories share the instrumental view that the only purpose of procedures is to lead to accurate legal outcomes. However, the former are willing to trade off the benefits of accuracy against its costs, whereas the latter hold (...) that procedural rights are necessary to guard against the injustice caused when individuals' legal rights are mistakenly denied. Dignitarian theories maintain that process matters apart from outcomes, because procedures should show respect for individuals' dignity in the Kantian sense of rational agency. We present a new perspective, drawing on relational theory. Relational theory holds that we are social creatures whose self‐identities and sense of self‐respect are bound up with the quality of our relationships with other individuals, groups, and institutions. Our relational account is informed by empirical research in social psychology which has found that people's evaluation of procedures is substantially influenced by relational concerns. (shrink)

A well-known maxim instructs that justice should be seen to be done. When “seen” is understood in the sense of “observed”, the maxim is easily defended: open court proceedings protect against arbitrary and partial decisions. However, when “seen” is understood in the sense of “seem,” the maxim is more puzzling, since it is not obvious why courts should concern themselves with people's perceptions that justice has been done. This article addresses this issue, with a particular focus on the social and (...) other benefits that result when judges observe procedures that are widely regarded as fair, especially in criminal trials. The article draws on empirical studies in social psychology that show that when legal authorities treat people in ways that accord with “lay” procedural expectations, they are more likely to view the authorities as legitimate, to cooperate with them, and to obey the law out of an internalized sense of obligation. The article explores the moral significance of these empirical findings, arguing that it would be superficial to see them as a recipe for social stability. The deeper truth conveyed by the empirical research is that relating to people in ways that are widely perceived to be fair is a way for authorities to engage people's moral sentiments and to enliven their virtuous capacity to put aside considerations of self-interest so as to do what is right. This dynamic provides a sound moral foundation for courts to concern themselves with perceptions of justice. (shrink)

Australian bills of rights are confined to the protection of civil and political rights. Economic, social and cultural rights were deliberately excluded from their coverage. This article draws on United Kingdom, Canadian and South African judgments with the aim of showing that the equality guarantees contained in these instruments can nevertheless be used as a vehicle for socio-economic claims. It further argues that there are sound moral and philosophical reasons that justify this approach.

Jurisprudence explores fundamental questions about law and justice from a philosophical and theoretical perspective. Rather than merely describing the field, the book provides rigorous evaluation of jurisprudential arguments and explains in clear, accurate and accessible terms, the complex and cutting-edge debates which define the field of contemporary jurisprudence.

Jurisprudence is an accessible and engaging text that brings alive the key concepts of this complex and often difficult subject. Covering all the traditional schools of thought, Jurisprudence first examines the issues then discusses the responses of theorists and their competing positions so that readers can relate the theories to everyday situations. The text also tackles the fluid nature of the subject, helping readers to understand how jurisprudence is constantly being modified and refined by contemporary theorists.

The idea that the exercise of state power should be limited so as to permit free choice in matters of personal conduct has been central to liberalism ever since John Stuart Mill defended the harm principle. However, this surface agreement conceals deeper disagreements. One disputed matter relates to the nature of the tolerant state: is it a state that refrains from improving our moral character by coercive means is it a state that takes no interest whatsoever in the moral character (...) of our lives? A second matter relates to the philosophical justification of tolerance. Should it be justified by relying on distinctively liberal values, such as personal autonomy and self-determination? Or is a less controversial justification available — one that can be endorsed by non-liberals as well as liberals? This article explores these issues. It examines the views of Ronald Dworkin, John Rawls and Joseph Raz, arguing that Rawls?s version of liberalism provides both the best conception and the best justification of the liberal ideal of tolerance. (shrink)

Most bills of rights allow for the restriction of rights in the interests of the public. But how should courts decide when the public interest should prevail? This article draws on philosophical work on practical reasoning to argue against the popular view that courts should use a balancing test which weighs the consequences of protecting the right against the consequences of restricting it. It argues that there are good reasons to 'overprotect' rights: judges, in their reasoning, should assign more weight (...) to rights and less weight to the public interest than they would on an application of the balancing model. (shrink)

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. It will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Some philosophers have argued that Aristotle’s view of habituation gives rise to a ‘paradox of moral education.’ The inculcation of habit, they contend, seems antithetical to the cultivation of virtue. I argue that this alleged paradox arises from significant misunderstandings of Aristotle’s view. Habit formation need not be at odds with the development of the kinds of intelligent, reflective capacities required for virtue. Indeed, Aristotle seems right to insist on an important role for habit in the cultivation of virtue. I (...) suggest that habit formation is part of the story of how the virtuous come to see the world aright. (shrink)

Chronologically sequenced chapter units give an overall historical perspective in this text on ethics, while chapter introductions include biographical, historical and other information.

A new research area linked to ethics, virtues, and morality is servant leadership. Scholars are currently seeking publication outlets as critics debate whether this new leadership theory is significantly distinct, viable, and valuable for organizational success. The aim of this study was to identify empirical studies that explored servant leadership theory by engaging a sample population in order to assess and synthesize the mechanisms, outcomes, and impacts of servant leadership. Thus, we sought to provide an evidence-informed answer to how does (...) servant leadership work, and how can we apply it? We conducted a systematic literature review (SLR), a methodology adopted from the medical sciences to synthesize research in a systematic, transparent, and reproducible manner. A disciplined screening process resulted in a final sample population of 39 appropriate studies. The synthesis of these empirical studies revealed: (a) there is no consensus on the definition of servant leadership; (b) servant leadership theory is being investigated across a variety of contexts, cultures, and themes; (c) researchers are using multiple measures to explore servant leadership; and (d) servant leadership is a viable leadership theory that helps organizations and improves the well-being of followers. This study contributes to the development of servant leadership theory and practice. In addition, this study contributes to the methodology for conducting SLRs in the field of management, highlighting an effective method for mapping out thematically, and viewing holistically, new research topics. We conclude by offering suggestions for future research. (shrink)

Reydon and Scholz raise doubts about the Darwinian status of organizational ecology by arguing that Darwinian principles are not applicable to organizational populations. Although their critique of organizational ecology’s typological essentialism is correct, they go on to reject the Darwinian status of organizational populations. This paper claims that the replicator-interactor distinction raised in modern philosophy of biology but overlooked for discussion by Reydon and Scholz provides a way forward. It is possible to conceptualize evolving Darwinian populations providing that the inheritance (...) mechanism is appropriately specified. By this approach, adaptation and selection are no longer dichotomized, and the evolutionary significance of knowledge transmission is highlighted. (shrink)

BackgroundDecision-making in initiating life-sustaining health technology is complex and often conducted at time-critical junctures in clinical care. Many of these decisions have profound, often irreversible, consequences for the child and family, as well as potential benefits for functioning, health and quality of life. Yet little is known about what influences these decisions. A systematic review of reasoning identified the range of reasons clinicians give in the literature when initiating technology dependence in a child, and as a result helps determine the (...) range of influences on these decisions.MethodsMedline, EMBASE, CINAHL, PsychINFO, Web of Science, ASSIA and Global Health Library databases were searched to identify all reasons given for the initiation of technology dependence in a child. Each reason was coded as a broad and narrow reason type, and whether it supported or rejected technology dependence.Results53 relevant papers were retained from 1604 publications, containing 116 broad reason types and 383 narrow reason types. These were grouped into broad thematic categories: clinical factors, quality of life factors, moral imperatives and duty and personal values; and whether they supported, rejected or described the initiation of technology dependence. The majority were conceptual or discussion papers, less than a third were empirical studies. Most discussed neonates and focused on end-of-life care.ConclusionsThere is a lack of empirical studies on this topic, scant knowledge about the experience of older children and their families in particular; and little written on choices made outside ‘end-of-life’ care. This review provides a sound basis for empirical research into the important influences on a child’s potential technology dependence. (shrink)

De tout temps, les hommes d'Etat ont eu pour préoccupation majeure de réaliser l'intégration de leurs citoyens. C'est ce souci qui conduit, dès -334, Alexandre le Grand, élève d'Aristote, à l'élaboration d'une pensée unique et universelle pour assurer la cohésion de son Empire à l'échelle planétaire. La pensée devient alors, par sa fonction d'intégration, une entreprise gérée par l'Etat qui la fait évoluer selon des procédés appelés à se transmettre d'Empire à Empire. L'enquête menée par l'auteur, en suivant la formation (...) de la pensée universelle en milieux grec et romain, sa rivalité avec le judaïsme, sa rencontre avec le christianisme et sa confrontation avec l'Islam révèle les enjeux de fond qui expliquent la genèse de la pensée en Occident et les temps forts de son évolution. C'est à la lumière de ces enjeux que se sont trouvés éclairés les grands phénomènes de l'Histoire tels que la construction de l'Europe, les Renaissances et les profondes transformations mentales, culturelles et sociales qu'elles provoquent dans les sociétés d'Occident, l'explosion des hérésies, (des albigeois, des vaudois... ) et leur répression, les guerres saintes (le djihad, les croisades), l'antijudaïsme précurseur de l'antisémitisme, l'inquisition... Poursuivie jusqu'à Saint Louis, l'enquête a confronté l'auteur à trois espaces: l'Orient sunnite et chiite, l'Espagne musulmane et l'Occident chrétien et à plusieurs courants de pensée. En cela cet ouvrage pose un jalon essentiel dans l'exploration de l'histoire de l'Occident dans ses rapports avec l'histoire universelle, l'histoire du Saint-Siège et celle des minorités à laquelle Denise Bonan accorde une grande place. " Autant de sujets de discussion, souligne Jean Glénisson dans sa préface, pour les historiens et les philosophes qui trouveront dans cet ouvrage le lieu de rencontres stimulantes. ". (shrink)

An experiment was conducted to investigate the relative contributions of syntactic form and content to conditional reasoning. The content domain chosen was that of causation. Conditional statements that described causal relationships (if (cause>, then (effect>) were embedded in simple arguments whose entailments are governed by the rules -oftruth-functional logic (i.e., modus ponens, modus tollens, denying the antecedent, and affirming the consequent). The causal statements differed in terms ofthe number of alternative causes and disabling conditions that characterized the causal relationship. (A (...) disabling condition is an event that prevents an effect from occurring even though a relevant cause is present.) Subjects were required to judge whether or not each argument’s conclusion could be accepted. Judgments were found to vary systematically with the number of alternative causes and disabling conditions. Conclusions of arguments based on conditionals with few alternative causes or disabling conditionswerefoun~d:tobe-rnore accept~ able than cdnclusions based on those with many. (shrink)

Prior researchers have studied individual components of a theoretical decision-making model. This paper presents the results of a more complete study of the model components and presents limited support of theory. The study examines the relative importance of regulatory, organizational, and personal constructs on an individual''s ethical sensitivity. Auditors from the major international accounting firms, located in two southeastern cities, are surveyed. Structural equation modeling is used to allow for the simultaneous evaluation of the three constructs of interest. The results (...) indicate that the regulatory and organizational constructs are negatively correlated with the personal experience construct. The three constructs are not significant causal factors on ethical sensitivity. This result may be due to the manner in which ethical sensitivity is typically measured or may indicate that the complexity of the ethical decision-making process is not fully captured in the theoretical models. Thus, the models suggested in the prior literature and the results presented in prior studies of the individual components may need to be reconsidered. (shrink)

An important contribution of Alan Patten’s Equal Recognition is the conception of neutrality that grounds his defence of minority cultural rights. Built in to his conception of neutrality of treatment is a notion of ‘fairness’ whose effect is to provide an upfront, across the board limitation on the demands cultural minorities may legitimately make on the rest of society. There must be limits on the duty to accommodate, but it obscures more than it illuminates to build this into the content (...) of the right to equal recognition itself. We see more clearly what is at stake in these conflicts by articulating the value of self-determination independently and taking account of necessary limits to its satisfaction as part of a second-stage analysis of what duties may be claimed and against whom. Familiar principles of discrimination law exemplify this alternative model. This presents the interest in self-determination more robustly, while acknowledging that the claims of duty arising out of it are defeasible. The result is a more flexible and nuanced exploration of the complex moral issues involved when fundamental interests clash. (shrink)

Research from ethology and evolutionary biology indicates the following about the evolution of reasoning capacity. First, solving problems of social competition and cooperation have direct impact on survival rates and reproductive success. Second, the social structure that evolved from this pressure is the dominance hierarchy. Third, primates that live in large groups with complex dominance hierarchies also show greater neocortical development, and concomitantly greater cognitive capacity. These facts suggest that the necessity of reasoning effectively about dominance hierarchies left an indelible (...) mark on primate reasoning architectures, including that of humans. In order to survive in a dominance hierarchy, an individual must be capable of (a) making rank discriminations, (b) recognizing what is forbidden and what is permitted based one's rank, and (c) deciding whether to engage in or refriin from activities that will allow one to move up in rank. The first problem is closely tied to the capacity for transitive reasoning, while the second and third are intimately related to the capacity for deontic reasoning. I argue that the human capacity for these types of reasoning have evolutionary roots that reach deeper into our ancestral past than the emergence of the hominid line, and the operation of these evolutionarily primitive reasoning systems can be seen in the development of human reasoning and domain-specific effects in adult reasoning. (shrink)

Dominance hierarchies are ubiquitous in the societies of human and non-human animals. Evidence from comparative, developmental, and cognitive psychological investigations is presented that show how social dominance hierarchies shaped the evolution of the human mind, and hence, human social institutions. It is argued that the pressures that arise from living in hierarchical social groups laid a foundation of fundamental concepts and cognitive strategies that are crucial to surviving in social dominance hierarchies. These include recognizing and reasoning transitively about dominance relations, (...) fast-track learning of social norms (permissions, prohibitions, and obligations), detecting violations of social norms (cheating), monitoring reciprocal obligations, and reading the intentions of others. (shrink)

Partindo da noção de discurso de Michel Foucault buscamos pontuar os efeitos das falas comumente admitidas sobre o(a) professor(a) nos meios sociais e as formas como essas falas corroboram a instituição da figura do(a) bom(boa) professor(a). Para tanto recorremos aos textos publicados na seção "Obrigado, professor" da revista Nova Escola, sobre os quais empreendemos nossa análise.

Dominance hierarchies are ubiquitous in the societies of human and non-human animals. Evidence from comparative, developmental, and cognitive psychological investigations is presented that show how social dominance hierarchies shaped the evolution of the human mind, and hence, human social institutions. It is argued that the pressures that arise from living in hierarchical social groups laid a foundation of fundamental concepts and cognitive strategies that are crucial to surviving in social dominance hierarchies. These include recognizing and reasoning transitively about dominance relations, (...) fast-track learning of social norms (permissions, prohibitions, and obligations), detecting violations of social norms (cheating), monitoring reciprocal obligations, and reading the intentions of others. (shrink)

Job burnout, organizational commitment, and work environment continue to be important areas of research to be studied in the realm of company employment and employee retention. Job burnout is the state of physical and emotional exhaustion and perceiving one’s profession as dull or overwhelming. Meanwhile, organizational commitment refers to the company’s attitude towards the organization and their employees, encompassing loyalty, moral responsibility, and their willingness to work. And lastly, work environment provides opportunities for employees to establish connections, develop skills, and (...) maximize their full potential in performing tasks. For the current study, researchers utilized descriptive-correlational research design to investigate the influence of Work Environment towards the job burnout and organizational commitment of BPO agents in selected companies in Bulacan, Philippines. Hence, Danish Psychosocial Work Environment Questionnaire (DPQ), Maslach Burnout Inventory - General Survey (MBI-GS), and the Three-Dimensional Model of Organizational Commitment Scale (ACS, NCS, CCS) were employed to properly assess the study's objectives. Multiple Linear Regression Analysis was performed to analyze the collected data. Based on the analysis, findings show that work environment has no significant influence on the job burnout and organizational commitment of BPO Agents. Furthermore, the results of this study were thoroughly evaluated, leading to an in-depth discussion. Based on the findings, recommendations were made to benefit the stakeholders of the study and contributeto the existing body of knowledge. (shrink)

When reasoning about deontic rules (what one may, should, or should not do in a given set of circumstances), reasoners adopt a violation‐detection strategy, a strategy they do not adopt when reasoning about indicative rules (descriptions of purported state of affairs). I argue that this indicative‐deontic distinction constitutes a primitive in the cognitive architecture. To support this claim, I show that this distinction emerges early in development, is observed regardless of the cultural background of the reasoner, and can be selectively (...) disrupted at the neurological level. I also argue that this distinction emerged as a result of selective pressure favouring the evolution of reasoning strategies that determine survival within dominance hierarchies. (shrink)