Er bleibt in der juristischen Diskussion aber doch weitgehend ohne scharfere Konturen. Jan Schapp hat sich dieser Thematik seit 1992 in einer Reihe rechtsphilosophischer Aufsatze angenommen, die er hier in einer Sammlung zuganglich macht.

Almost 160 years after the American Civil War, where the Union defeated the Confederacy and ended slavery in the United States, approximately 1,910 tributes remain to Confederate military leaders located on public property in the 11 original Confederate states, particularly in cities with an exceptionally high density of Black residents. To Blacks, this iconography delivers a clear message of White supremacy. Six states have enacted laws to protect and preserve these memorials, making it almost impossible to use the court system (...) to move them to private property. This paper explores connections between support for a myth called the Lost Cause, which is a revisionist history intended to spread misinformation about the true cause of the American Civil War, and attitudes toward placement of Confederate symbols on public land. We show that there is significant belief in the Lost-Cause myth among many White U.S. Southerners. Furthermore, we find those who believe most in the myth are the least likely to want to move the monuments or end taxpayer support for their maintenance. (shrink)

Food labels legislated by the U.S. government have been designed to provide information to consumers. It has been asserted that the simple disclosures “produced using genetic engineering” on newly legislated U.S. food labels will send a signal that influences individual preferences rather than providing information. Vermont is the only US state to have experienced mandatory labeling of foods produced using genetic engineering via simple disclosures. Using a representative sample of adults who experienced Vermont’s mandatory GE labeling policy, we examined whether (...) GE labels were seen by consumers and whether the labels provided information or influenced preferences. Nearly one-third of respondents reported seeing a label. Higher income, younger consumers who search for information about GE were more likely to report seeing a label. We also estimated whether labels served as information cues that helped reveal consumer preferences through purchases, or whether labels served as a signal that influenced preferences and purchases. For 50.5% of consumers who saw a label, the label served as an information cue that revealed their preferences. For 13% of those who saw the label, the label influenced preferences and behavior. Overall, for 4% of the total sample, simple GE disclosures influenced preferences. For a slight majority of consumers who used a GE label, simple disclosures were an information signal and not a preference signal. Searching for GE information, classifying as female, older age and opposing GE in food production significantly increased the probability that GE labels served as an information source. Providing such disclosures to consumers may be the least complex and most transparent option for mandatory GE labeling. (shrink)

While all states in the United States require certain vaccinations for school attendance, all but three allow for religious exemptions to receiving such vaccinations, and 18 allow for exemptions on the basis of other deeply held personal beliefs. The rights of parents to raise children as they see fit may conflict with the duty of the government and society to protect the welfare of children. In the U.S., these conflicts have not been settled in a uniform and consistent manner. We (...) apply a test that provides a concrete and formal rubric to evaluate such conflicts. For some vaccinations, based on the individual medical characteristics of the disease and the risks of being unvaccinated, the test would suggest that permitting conscientious exemptions is ethical. However, for vaccinations protecting against other diseases that are more severe or easily transmitted, the test would suggest that the federal government may ethically impose laws that deny such exemptions. (shrink)

Introduction: the use and abuse of Thomas Paine in the transatlantic world / Sam Edwards and Marcus Morris -- Part I. The image and idea(s) of Paine: origins, use and reuse -- The image of Tom: Paine in print and portraiture / W.A. Speck -- "I am made to say what I never wrote": deism, spiritualism and ventriloquizing Paine, c.1790s-1850s / Patrick W. Hughes -- All Paine: the American mind and the creation of the League of Nations and the (...) U.N. / Michael Holm -- The distortion of Thomas Paine's philosophy of government / Gary Berton -- Part II. Discovering and using Paine's radicalism -- "Revolutions are the order of the day": Atlantic fragments of Thomas Paine, c.1819-1832 / Matteo Battistini -- Posthumous Paine in the United Kingdom, 1809-1832: Jacobin or loyalist cult? / Matthew Roberts -- "The neglect of Paine seems particularly strange at the present political juncture": explaining British socialists' relationship to Paine, c. 1884-1914 / Marcus Morris -- Citizens of the world: Paine and the political prisoners transported to Australia / Tony Moore -- Part III. Remembering and remaking Paine -- Common sense on the Lower East Side: Thomas Paine and the era of immigration, c.1900-1950 / Louis Mazzari -- "A monument in every city?": Thomas Paine in memoriam / Theodore Marotta -- "He came from America didn't he?": the Thetford Statue controversy and the problem of Paine in transatlantic memory, c.1909-1970 / Sam Edwards -- Afterword: the struggle for Paine's memory and the making of American democracy / Harvey J. Kaye. (shrink)

Pediatric participation in non-therapeutic research that poses greater than minimal risk has been the subject of considerable thought-provoking debate in the research ethics literature. While the need for more pediatric research has been called morally imperative, and concerted efforts have been made to increase pediatric medical research, the importance of protecting children from undue research risks remains paramount.United States research regulations are derived largely from the deliberations and report of the National Commission for the Protection of Human Subjects of Biomedical (...) and Behavioral Research. The authors of this report specifically designated children as a vulnerable population and suggested additional protections, most of which became U.S. law. One of the more contested sets of regulations surrounds non-therapeutic research, e.g., research that does not offer the potential for direct benefit to participants. Federal regulations allow local Institutional Review Boards to approve non-therapeutic research posing a minor increase above minimal risk when it involves children who have the disease or medical condition that the research addresses. (shrink)

The mind-brain identity theory, the thesis that sensations are identical with properties or processes of the brain, was introduced into contemporary discussion by U.T. Place, Herbert Feigl, and J.J.C Smart in the 1950s. Despite its widespread rejection in the following decades, the identity theory has received several carefully articulated defenses in recent years. Aside from developing novel responses to well-known arguments against the identity theory, contemporary identity theorists have argued that the epistemological resources available to support the adoption of identities (...) are more plentiful than has often been supposed; further, they have argued that mind-brain identities allow for the resolution of otherwise intractable explanatory puzzles about the phenomenal properties of experience. From an epistemological perspective, identity theorists have thus argued that a central reason for believing theoretical identities—both mind-brain identities as well as more mundane identities such as water = H2O—stems from the explanatory power that they confer. Yet from an explanatory perspective, identity theorists have maintained that identities cannot themselves be explained; indeed, they have maintained that it is hardly intelligible to request an explanation for an identity. This paper considers these ideas draws out an important tension between them. The central claim is that insofar as identity theorists insist on the explanatorily efficacy of identities, they should concede that there is a good sense in which theoretical identities can be explained. However, it is moreover argued that this concession is not especially problematic and, indeed, ought to be welcomed by identity theorists. (shrink)

This chapter interrogates Hollywood film as a powerful public pedagogical machine and as an influential component of the broader media culture, that serves as a primary terrain where the authority of violence and the violence of authority expresses, justifies, and legitimates itself in the U.S. Allegiances to, identifications with, beliefs in, desires for, and attitudes about violence, authority, militarism, and power are largely constructed, imbued, directed and shaped through dominant media formations as they create images and spectacles of violence, either (...) real or fabricated. During a time of continuing imperial aggression, expanding Pentagon budgets, increased international violence, growing authoritarian tendencies, and when an “imperially ambitious” United States has embarked on what Anatole Lieven calls a policy of “unilateral global domination through absolute military superiority,” the inculcation into the mass consciousness of the justification for, identification with, acceptance and pursuit of mass violence through military aggression becomes all the more crucial. (shrink)

We critically evaluate arguments in a recent Journal of Law, Medicine & Ethics article by Svoboda, Adler, and Van Howe disputing the 2012 affirmative infant male circumcision policy recommendations of the American Academy of Pediatrics. We provide detailed evidence in explaining why the extensive claims by these opponents are not supported by the current strong scientific evidence. We furthermore show why their legal and ethical arguments are contradicted by a reasonable interpretation of current U.S. and international law and ethics. After (...) all considerations are taken into account it would be logical to conclude that failure to recommend male circumcision early in infancy may be viewed as akin to failure to recommend childhood vaccination to parents. In each case, parental consent is required and the intervention is not compulsory. Our evaluation leads us to dismiss the arguments by Svoboda et al. Instead, based on the evidence, infant male circumcision is both ethical and lawful. (shrink)

Objective:To characterize the prevalence of hyperpalatable foods (HPF) among baby foods in the U.S. and examine the prevalence of HPF exposure and consumption from both baby food and adult food sources among infants aged 9–15 months.Methods:A U.S. baby food database as well as baby foods from three 24-h dietary recalls of 147 infants were used to identify baby foods as HPF per previous publication. HPF exposure was defined as intake of any HPF during the 3-day measurement period. To determine the (...) extent of HFP consumption, % kilocalorie (kcal) intake from HPF was characterized.Results:Only 12% of baby foods were HPF; however, nearly all participants (>90%) consumed HPF, primarily through exposure to adult foods. Younger infants (<12 months) consumed 38% [standard deviation (SD) = 23.6%] of their daily food kcal from HPF and older infants (≥12 months) consumed 52% (SD = 16.4%) of daily food kilocalorie from HPF. Most younger infants (68%) and older infants (88%) had repeated exposure to the same HPF across the measurement period.Conclusions:The prevalence of HPF among baby foods in the U.S. is low. However, almost all infants were exposed to HPF, and HPF comprised a substantial percentage of daily food kilocalorie in infants' diets. Findings highlight the transition to solid food consumption during complimentary feeding period is a critical time for early HPF exposure. (shrink)

In Britiain, it is unlawful,regardless of the motive of the discriminator,to refuse to give a woman a job because of hersex. On the other hand, the U.K. case ofCoker and Osamor v. The Lord Chancellor and theLord Chancellor's Department suggests that itis permissible, by `pre-selecting' anindividual man, to rule out any possible femalecandidates. The singular facts of this caseshould not disguise the troubling conclusionthat while sex (and race) discrimination maysometimes be blatant and deliberate, morefrequently it is subtle and routine. Furthermore, (...) discrimination is much moredifficult to challenge, let alone eradicate,when it is embedded in the system. This notestarts from the premise that, while sexequality requires more than the appointment ofwomen to influential posts, that is, at least,a start and if it is decided in advance thatappointments will be made only from a smallcircle of `acceptable' people there is a realdanger that the idea of the `establishment' asa self-perpetuating (white) male enclave willbe confirmed. (shrink)

Este artículo explora una vía para pensar en una individualidad de las cosas cotidianas desde aquel modo de ser que Heidegger denominó ser-a-la-mano. Para ello proponemos un diálogo entre sus tesis sobre la significatividad del mundo y las consideraciones de Wilhelm Schapp sobre las cosas-para. A partir de Heidegger, se expondrá la individualidad física objetual como resultado de lamera presencia espacial. Luego, abordaremos al útil según el para-algo que constituye el sentido de la situación. Las consideraciones de Schapp contribuirán a (...) entender que las cosas han de ser abordadas desde su pertenencia situacional, y no desde la actividad corporal y perceptiva de un sujeto. Desde esta perspectiva, y en contraposición con la materia física, la dimensión material de las cosas cotidianas será entendida como “de algo”. Así, desde Heidegger y Schapp proponemos un concepto de materialidad situacional de carácter histórico como la singularización de las cosas cotidianas y que proponemos como una vía para indagar su individualidad inmediata. Palabras clave: Materia, mera presencia espacial, ser-a-la-mano, Heidegger, Schapp. (shrink)

This study contributes to understanding stakeholder engagement strategies by examining competitive responses alongside sociopolitical implications after a major exogenous shock—the 1998 Master Settlement Agreement (MSA) between the “Big Four” U.S. tobacco firms and 46 state attorneys general. We compare the different stakeholder engagement strategies of the two remaining U.S. tobacco manufacturers, Philip Morris (PM) and R. J. Reynolds (RJR), between 1998 and 2017. Implications for stakeholder theory from a relatively rare natural experiment highlight the importance of simultaneously managing multiple (...) stakeholders, inclusive of domestic and international sociopolitical and value chain stakeholders over time, for sustained value creation. Although PM and RJR initially pursued heterogeneous strategies by re-configuring relationships with relevant stakeholders, each firm’s growth prospects for the first decade post-MSA were exacerbated by various stakeholders through withholding and selective engagement strategies. Implications for how multiple, simultaneous stakeholder relationships can serve as important resources for achieving or limiting sustained growth are discussed. (shrink)

Due to the ethical breaches of tobacco companies over a 50-year period, a U.S. Court ruled in United States v. Philip Morris USA, Inc. that major U.S. tobacco companies had misled consumers and the government about tobacco’s addictiveness, effects of environmental smoke, marketing targeted at adolescents, and deceptive practices related to harmfulness of smoking. We address the actions of the tobacco companies based on the consumer’s right to be informed and values for ethical corporate behavior, and we draw from (...) psychological theories and the smoking literature to develop our conceptual framework and test the effectiveness of the ensuing corrective advertising campaign mandated in the Court decision. We use a quota sample of 470 smokers and non-smoker participants in a longitudinal study to test the impact of the corrective advertising campaign on key antismoking beliefs from the campaign. Results reveal that the corrective ad campaign has not been successful in affecting smokers’ or non-smokers’ antismoking beliefs. However, differences are found between smokers’ and non-smokers’ beliefs about the adverse health effects of smoking, effects of secondhand smoke, and tobacco company deceptiveness, with these beliefs being stronger for non-smokers. Smokers’ weaker beliefs about the effects of secondhand smoke are viewed as particularly problematic, given the established health risks. We address the implications of the ethical breaches and the corrective advertising attempt to address the deception identified by the Court. (shrink)

This volume of new essays brings together leading philosophers, historians, legal scholars, social thinkers, and literary critics to examine the far-reaching ...

Gayatri Chakravorty Spivak's original essay "Can the Subaltern Speak?" transformed the analysis of colonialism through an eloquent and uncompromising argument that affirmed the contemporary relevance of Marxism while using deconstructionist methods to explore the international division of labor and capitalism's "worlding" of the world. Spivak's essay hones in on the historical and ideological factors that obstruct the possibility of being heard for those who inhabit the periphery. It is a probing interrogation of what it means to have political subjectivity, to (...) be able to access the state, and to suffer the burden of difference in a capitalist system that promises equality yet withholds it at every turn. Since its publication, "Can the Subaltern Speak?" has been cited, invoked, imitated, and critiqued. In these phenomenal essays, eight scholars take stock of the effects and response to Spivak's work. They begin by contextualizing the piece within the development of subaltern and postcolonial studies and the quest for human rights. Then, through the lens of Spivak's essay, they rethink historical problems of subalternity, voicing, and death. A final section situates "Can the Subaltern Speak?" within contemporary issues, particularly new international divisions of labor and the politics of silence among indigenous women of Guatemala and Mexico. In an afterword, Spivak herself considers her essay's past interpretations and future incarnations and the questions and histories that remain secreted in the original and revised versions of "Can the Subaltern Speak?"—both of which are reprinted in this book. (shrink)

Morris N. Eagle explores the understanding and role of subjective experience in the disciplines of psychology, psychoanalysis, and philosophy of mind. Elaborating how different understandings of subjective experience give rise to very different theories of the nature of the mind, Eagle then explains how these shape clinical practices. In particular, Eagle addresses the strong tendency in the disciplines concerned with the nature of the mind to overlook the centrality of subjective experience in one's life, to view it with suspicion, (...) and to reduce it to neural processes. Describing examples of research in which subjective experience is a central variable, Eagle provides an outline of a model in which the dichotomy of conscious and unconscious is supplemented by subjective experience as a continuum. This book is essential reading for psychoanalysts, psychoanalytic psychotherapists, psychologists and anyone wishing to gain a deeper understanding of the importance of theories of the mind to therapeutic practice. (shrink)

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its ...

A characteristic feature of Wagnerian and post-Wagnerian opera is the tendency to link scenes with numerous and often surprisingly lengthy orchestral interludes, frequently performed with the curtain closed. Often taken for granted or treated as a filler by audiences and critics, these interludes can take on very prominent roles, representing dream sequences, journeys and sexual encounters, and in some cases becoming a highlight of the opera. Christopher Morris investigates the implications of these important but strangely overlooked passages. Combining close (...) readings of individual musical texts with an investigation of the critical discourse surrounding the operas, Morris shows how the interludes shed light not only on the representational and narrative capacities of the orchestra, but also on the supposed 'absolute' realm of instrumental music, a concept to which many critics appealed when they associated the interludes with 'purely musical' and 'symphonic' qualities. (shrink)

Proofs are central, and unique, to mathematics. They establish the truth of theorems and provide us with the most secure knowledge we can possess. It is thus perhaps unsurprising that philosophers once thought that the only value proofs have lies in establishing the truth of theorems. However, such a view is inconsistent with mathematical practice. If a proof’s only value is to show a theorem is true, then mathematicians would have no reason to reprove the same theorem in different ways, (...) yet this is a practice they frequently engage in. This suggests that proofs can have a wide variety of values. My purpose in this chapter is to provide a survey of some of them. I will discuss how proofs can have practical value, for example, by helping mathematicians to make new discoveries or learn new mathematical tools, and how they can have abstract value, for example, by being beautiful or explanatory. I will also explore the relationships between different proof values. (shrink)

This work stresses the illogical manner in which mathematics has developed, the question of applied mathematics as against 'pure' mathematics, and the challenges to the consistency of mathematics' logical structure that have occurred in the twentieth century.

Subjective feelings of familiarity associated with a stimulus tend to be strongest when specific information about the previous encounter with the stimulus is difficult to retrieve . Recognizing: The judgment of previous occurrence. Psychological Review, 87, 252–271.]). When a stimulus has been encountered previously and the circumstances of the encounter cannot be recollected, additional cognitive resources may be directed toward recollection processes; this resource allocation is accompanied by autonomic arousal [Dawson, M. E., Filion, D. L., & Schell, A. M. . (...) Is elicitation of the autonomic orienting response associated with allocation of processing resources?. Psychophysiology, 26, 560–572]. One easily measurable index of autonomic arousal is the skin conductance response . In the present study, participants studied lists of words and then gave recognition ratings to briefly displayed and masked studied and nonstudied test words while their SCRs were monitored. Results revealed a relationship between recognition ratings and the temporal characteristics of the SCR, supporting the idea that feelings of familiarity are indeed “feelings” in that they stem from autonomic arousal associated with cognitive resource allocation. (shrink)

Die Philosophie Wilhelm Schapps findet aufgrund seines originären Ansatzes der Geschichtenphilosophie im transdisziplinären Austausch über ein narratives Lebensweltverständnis zunehmend Beachtung. Der vorliegende Band versammelt interdisziplinäre Beiträge, die sich zum ersten Mal nicht nur mit den von Wilhelm Schapp zu seinen Lebzeiten veröffentlichten Schriften, sondern auch mit seinen seit 2016 im Verlag Karl Alber veröffentlichten Nachlassschriften auseinandersetzen.

Incompatibilists believe free will is impossible if determinism is true, and they often claim that this view is supported by ordinary intuitions. We challenge the claim that incompatibilism is intuitive to most laypersons and discuss the significance of this challenge to the free will debate. After explaining why incompatibilists should want their view to accord with pretheoretical intuitions, we suggest that determining whether incompatibilism is in fact intuitive calls for empirical testing. We then present the results of our studies, which (...) put significant pressure on the claim that incompatibilism is intuitive. Finally, we consider and respond to several potential objections to our approach. (shrink)