“Due process of law” is arguably the most controversial and frequently-litigated phrase in the American Constitution. Although the dominant originalist view has long been that Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees and don’t constrain the “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there’s a weighty case for some form of substantive due process. In this Article, we review and critique (...) these findings employing our theory of good-faith originalist interpretation and construction. We begin by investigating the “letter” of the Due Process of Law Clauses — that is, the original meaning of their texts. Next, to develop doctrine by which this meaning can be implemented, we identify the clauses’ original function — their “spirit” — of barring arbitrary exercises of power over individuals that rest upon mere will rather than constitutionally proper reasons. We contend that the original letter and spirit of the “due process of law” in both clauses requires federal and state legislators to exercise their discretionary powers in good faith by enacting legislation that is actually calculated to achieve constitutionally proper ends and imposes a duty upon both state and federal judges to make a good-faith determination of whether legislation is calculated to achieve constitutionally proper ends. Finally, we confront hard questions concerning the scope of the states’ reserved powers, acknowledging the flaws in the “police-power” jurisprudence associated with the so-called “Lochner era” and we delineate an approach that will better safeguard all “person(s)” against arbitrary power. By so doing, we assist state and federal legislators by providing clarity concerning the constitutionally proper ends that federal and state legislators can pursue; aid state and federal judges by equipping them to review legislators’ pursuit of those ends; and help members of the public by enabling them to monitor the performance of their legislative and judicial agents. (shrink)

The legal risks associated with health research involving human subjects have been highlighted recently by a number of lawsuits launched against those involved in conducting and evaluating the research. Some of these cases have been fully addressed by the legal system, resulting in judgments that provide some guidance. The vast majority of cases have either settled before going to trial, or have not yet been addressed by the courts, leaving us to wonder what might have been and what guidance future (...) cases may bring. What is striking about the lawsuits that have been commenced is the broad range of individuals/institutions that are named as defendants and the broad range of allegations that are made. The research community should take this early experience as a warning and should reflect carefully on practices where research involving human subjects is concerned. (shrink)

It proposed that certain types of human resource (HR) practices can be both normatively rooted and also instrumental in achieving economic goals. Specifically,managers may perceive organizational justice HR practices and work-family conflict HR practices as a legitimate response to these seemingly conflicting interests. Legitimacy evaluations of HR practices by managers are also likely to impact managerial perceptions of organizational reputation.

Recent perspectives on corporate social responsibility have called for increased research on how CSR affects individuals. Research is needed to examine whether individual differences affect the relationship between CSR and individual reactions to CSR. In response, this experimental study examined how perceptions of corporate citizenship influence job applicant attraction and work role definitions. Personal values and education concerning CSR are considered as interactive factors affecting the influence of perceptions of corporate citizenship. Results indicate that perceived corporate citizenship had a greater (...) impact on job applicant attraction for those individuals who received prior education regarding CSR and for those who were higher in other-regarding value orientation. Furthermore, perceived corporate citizenship had a positive impact on the extent to which participants defined CSR as a personal work role responsibility. The authors also discuss the practical implications of these results for job applicant attraction and employee socialization. (shrink)

We apply spatialized game theory and multi-agent computational modeling as philosophical tools: (1) for assessing the primary social psychological hypothesis regarding prejudice reduction, and (2) for pursuing a deeper understanding of the basic mechanisms of prejudice reduction.

Humans routinely modify their walking speed to adapt to functional goals and physical demands. However, damage to the central nervous system often results in abnormal modulation of walking speed and increased risk of falls. There is considerable interest in treatment modalities that can provide safe and salient training opportunities, feedback about walking performance, and that may augment less reliable sensory feedback within the CNS after injury or disease. Fully immersive virtual reality technologies show benefits in boosting training-related gains in walking (...) performance; however, they lack views of the real world that may limit functional carryover. Augmented reality and mixed reality head-mount displays provide partially immersive environments to extend the virtual reality benefits of interacting with virtual objects but within an unobstructed view of the real world. Despite this potential advantage, the feasibility of using MR-HMD visual feedback to promote goal-directed changes in overground walking speed remains unclear. Thus, we developed and evaluated a novel mixed reality application using the Microsoft HoloLens MR-HMD that provided real-time walking speed targets and augmented visual feedback during overground walking. We tested the application in a group of adults not living with disability and examined if they could use the targets and visual feedback to walk at 85%, 100%, and 115% of each individual’s self-selected speed. We examined whether individuals were able to meet each target gait speed and explored differences in accuracy across repeated trials and at the different speeds. Additionally, given the importance of task-specificity to therapeutic interventions, we examined if walking speed adjustment strategies were consistent with those observed during usual overground walking, and if walking with the MR-HMD resulted in increased variability in gait parameters. Overall, participants matched their overground walking speed to the target speed of the MR-HMD visual feedback conditions. The percent inaccuracy was approximately 5% across all speed matching conditions and remained consistent across walking trials after the first overall walking trial. Walking with the MR-HMD did not result in more variability in walking speed, however, we observed more variability in stride length and time when walking with feedback from the MR-HMD compared to walking without feedback. The findings offer support for mixed reality-based visual feedback as a method to provoke goal-specific changes in overground walking behavior. Further studies are necessary to determine the clinical safety and efficacy of this MR-HMD technology to provide extrinsic sensory feedback in combination with traditional treatments in rehabilitation. (shrink)

Personal life events of a chief executive officer can generate tensions between the CEO’s right to personal privacy and the desire of shareholders for information. Such circumstances can create information asymmetry between the executive management and the shareholders of a firm, a situation likely to produce unfavorable pressures on an organization’s stock price. Failure to fully disclose material personal life events can impact the decision-making actions of the CEO, causing the stock price of the firm to vacillate as a result (...) of rumors and other informational uncertainties. These vacillations in stock price may impact a firm’s liquidity, increase the cost of capital, and affect long term returns to shareholders. We draw upon the ethical leadership and signaling theory literatures to demonstrate how a firm can reduce stock price volatility through a CEO making non-required disclosures that reduce information asymmetry. (shrink)

Robustness has long been recognized as an important parameter for evaluating game-theoretic results, but talk of ‘robustness’ generally remains vague. What we offer here is a graphic measure for a particular kind of robustness (‘matrix robustness’), using a three-dimensional display of the universe of 2 × 2 game theory. In such a measure specific games appear as specific volumes (Prisoner’s Dilemma, Stag Hunt, etc.), allowing a graphic image of the extent of particular game-theoretic effects in terms of those games. The (...) measure also allows for an easy comparison between different effects in terms of matrix robustness. Here we use the measure to compare the robustness of Tit for Tat’s well-known success in spatialized games (Axelrod, R. (1984). The evolution of cooperation . New York: Basic Books; Grim, P. et al. (1998). The philosophical computer: Exploratory essays in philosophical computer modeling . Cambridge, Mass: MIT Press) with the robustness of a recent game-theoretic model of the contact hypothesis regarding prejudice reduction (Grim et al. 2005. Public Affairs Quarterly, 19 , 95–125). (shrink)

Across the world, healthcare providers must wrestle with the twin ogres of finite resources and infinite demand. Successful healthcare delivery creates its own legacy of need. For example, a renal failure patient may now be given a greatly extended life by means of dialysis or organ transplantation. In the process, the healthcare provider has created a permanent demand for services during that extended life. It has been estimated that the recurrent cost of maintaining a patient on hemodialysis for 1 year (...) in the United Kingdom is in the region of £20,000. (shrink)

This volume collects thirteen papers by one of the leading philosophers of his generation, who died prematurely in 1980.

‘A logical theory may be tested by its capacity for dealing with puzzles, and it is a wholesome plan, in thinking about logic, to stock the mind with as many puzzles as possible, since these serve much the same purpose as is served by experiments in physical science.’ This paper is an attempt to follow Russell’s advice by using a puzzle about the contingent a priori to test and explore certain theories of reference and modality. No one could claim that (...) the puzzle is of any great philosophical importance by itself, but to understand it, one has to get clear about certain aspects of the theory of reference; and to solve it, one has to think a little more deeply than one is perhaps accustomed about what it means to say that a statement is contingent or necessary. (shrink)

Truth and Meaning is a classic collection of original essays on fundamental questions in the philosophy of language.

In this paper, I show that the question of how dual process theories of reasoning and judgement account for conflict between System 1 (heuristic) and System 2 (analytic) processes needs to be explicated and addressed in future research work. I demonstrate that a simple additive probability model that describes such conflict can be mapped on to three different cognitive models. The pre-emptive conflict resolution model assumes that a decision is made at the outset as to whether a heuristic or analytic (...) process will control the response. The parallel-competitive model assumes that each system operates in parallel to deliver a putative response, resulting sometimes in conflict that then needs to be resolved. Finally, the default-interventionist model involves the cueing of default responses by the heuristic system that may or may not be altered by subsequent intervention of the analytic system. A second, independent issue also emerges from this discussion. The superior performance of higher-ability participants on reasoning tasks may be due to the fact that they engage in more analytic reasoning ( quantity hypothesis ) or alternatively to the fact that the analytic reasoning they apply is more effective ( quality hypothesis ). (shrink)

Book reviewed:D. S. Clarke, Philosophy’s Second Revolution.

In this study, we examine the belief bias effect in syllogistic reasoning under both standard presentation and in a condition where participants are required to respond within 10 seconds. As predicted, the requirement for rapid responding increased the amount of belief bias observed on the task and reduced the number of logically correct decisions, both effects being substantial and statistically significant. These findings were predicted by the dual-process account of reasoning, which posits that fast heuristic processes, responsible for belief bias, (...) compete with slower analytic processes that can lead to correct logical decisions. Requiring rapid responding thus differentially inhibits the operation of analytic reasoning processes, leading to the results observed. (shrink)

'If' is one of the most important words in the English language, being used to express hypothetical thought. The use of conditional terms such as 'if' distinguishes human intelligence from that of all other animals. In this volume, Jonathan Evans and David Over present a new theoretical approach to understanding conditionals. The book draws on studies from the psychology of judgement and decision making, as well as philosophical logic.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Most of the papers presented at a conference held at Oxford in August 1982.

In terms of intervening in embodied experience, medical treatment is wonder-full in its ambition and its metaphysical presumption; yet, wonder’s role in clinical medicine has received little philosophical attention. In this paper, I propose, to doctors and others in routine clinical life, the value of an openness to wonder and to the sense of wonder. Key to this is the identity of the central ethical challenges facing most clinicians, which is not the high-tech drama of the popular conceptions of medical (...) ethics but, rather, the routine of patients’ undramatic but unremitting demands for the clinician’s time and respectful attention. Wonder (conceived as an intense and transfiguring attentiveness) is a ubiquitous ethical source, an alternative to the more familiar respect for rational autonomy, a source of renewal galvanizing diagnostic imagination, and a timely recalling of the embodied agency of both patient and clinician. (shrink)

The phrase ‘trading zone’ is often used to denote any kind of interdisciplinary partnership in which two or more perspectives are combined and a new, shared language develops. In this paper we distinguish between different types of trading zone by asking whether the collaboration is co-operative or coerced and whether the end-state is a heterogeneous or homogeneous culture. In so doing, we find that the voluntary development of a new language community—what we call an inter-language trading zone—represents only one of (...) four possible configurations. In developing this argument we show how different modes of collaboration result in different kinds of trading zone, how different kinds of trading zone may be ‘nested’ inside each other and discuss how a single collaboration might move between different kinds of trading zone over time. One implication of our analysis is that interactional expertise is a central component of at least one class of trading zone.Keywords: Trading zones; Interactional expertise; Interdisciplinarity; Creole. (shrink)

Drawing on findings in psychology, neuroscience, and utilising the perspective of cognitive linguistics, this work argues that our experience of time may...

It is occasionally tempting, after climbing a mountain, to use the elevation one has gained to dash up to the top of a connected peak which does not have sufficient interest to induce one to climb so high for its sake alone. It is in this spirit that I turn to Geach's Latin Prose theory of relative clauses. The matter itself is of no very great moment, and some new ground will have to be covered in dealing with Geach's arguments. (...) Nevertheless we shall primarily be applying the theory constructed in the body of the paper, and when one is in a position to expose bad arguments relatively rapidly, it is perhaps a good idea not to leave them unchallenged, especially when they appear to be gaining currency. (shrink)

Economists tend to view ignorance as ?rational,? neglecting the possibility that ignorance is unintentional. This oversight is reflected in economists? model of ?information search,? which can be fruitfully contrasted with ?information browsing.? Information searches are designed to discover unknown knowns, whose value is calculable ex ante, such that this value justifies the cost of the search. In this model of human information acquisition, there is no primal or ?radical? ignorance that might prevent people from knowing which information to look for, (...) lacking omniscience. Unlike ignorance that is rationally chosen on the basis of an accurate cost/benefit calculation, radical ignorance can explain human error. An account of error as grounded in radical ignorance bypasses the need to appeal to irrationality in order to explain economic (and other) mistakes. (shrink)

While functioning quite well for many years, the bioethics profession is in crisis. John H. Evans closely examines the history of the bioethics profession, and based on the sociological reasons the profession evolved as it did, proposes a radical solution to the crisis.

This book explores the idea that we have two minds - one automatic, unconscious, and fast, the other controlled, conscious, and slow. It brings together leading researchers on dual-process theory to summarize the state of the art highlight key issues, present different perspectives, and provide a stimulus to further work.

The phenomenon known as matching bias consists of a tendency to see cases as relevant in logical reasoning tasks when the lexical content of a case matches that of a propositional rule, normally a conditional, which applies to that case. Matching is demonstrated by use of the negations paradigm that is by using conditionals in which the presence and absence of negative components is systematically varied. The phenomenon was first published in 1972 and the present paper reviews the history of (...) research and theorising on the problem in the subsequent 25 years. Theories of matching bias considered include those based on several broad frameworks including the heuristic-analytic theory, the mental models theory, the theory of optimal data selection, and relevance theory as well as the specific processing-negations account. The ability of these theories to account for a range of phenomena is considered, including the effects of linguistic form, realistic content, and explicit negation on the matching bias effect. Of particular importance are recent findings showing that the bias is observable on a wider range of linguistic forms than has generally been thought, and that it is almost entirely dependent on the use of implicit negation in the logical cases to which rules are applied. The reasons for the general suppression of matching when realistic content is used are, however, unclear and a need for further research is identified here. It is concluded that matching bias is a highly robust effect which is closely connected with the problem of understanding implicit negation. Most of the theories in the literature are unable to account for at least some of the major phenomena discovered in research on the bias. The accounts that fare best are those that posit local effects of negation, including the heuristic-analytic and processing negations theories. (shrink)

In this volume, Charles Taliaferro and Jil Evans promote aesthetic personalism by examining three domains of aesthetics - the philosophy of beauty, aesthetic experience, and philosophy of art - through the lens of Judaism, Christianity, Islam, theistic Hinduism, and the all-seeing Compassionate Buddha. These religious traditions assume an inclusive, overarching God's eye, or ideal point of view, that can create an emancipatory appreciation of beauty and goodness. This appreciation also recognizes the reality and value of the aesthetic experience of (...) persons and deepens the experience of art works. The authors also explore and contrast the invisibility of persons and God. The belief that God or the sacred is invisible does not mean God or the sacred cannot be experienced through visual and other sensory or unique modes. Conversely, the assumption that human persons are thoroughly visible, or observable in all respects, ignores how racism and other forms of bias render persons invisible to others. (shrink)

This book is an explanation and defence of a veiw of faith and reason that is found in the writings of Kierkegaard, a view often termed as fideism. The author distinguishes indefensible forms of fideism that involve a rejection of reason from a fideism that requires that reason becomeself-critical. An understanding of the limits of reason requires both an understanding of faith as above reason, as in Aquinas and Kant, and also as against what is taken as rational by most (...) human beings.The fiedeistic view of faith as involving a critique of reason is illustrated by concrete discussions of three traditional topics in the philosophy of religion: knowledge of God's existence, the problem of evil and the question as to how someone could know that a particular religion could be basedon a revelation from God.The book presents a careful distinction between different kinds of fideism, with a critical rejection of some kinds and a defence of others. The author shows that fideism does not have to be understood as a rejection of reason, rather as a critique of the limits of reason. (shrink)

Attempts to unlock the Climacus section of Kierkegaard's pseudonymous literature. This book offers a sustained analysis of the key concepts discussed in the works: existence and the ethical, truth and subjectivity, indirect communication, guilt and suffering, irony and humour, reason and paradox, and faith and history.