Between inventing the concept of a universal computer in 1936 and breaking the German Enigma code during World War II, Alan Turing, the British founder of computer science and artificial intelligence, came to Princeton University to study mathematical logic. Some of the greatest logicians in the world--including Alonzo Church, Kurt Gödel, John von Neumann, and Stephen Kleene--were at Princeton in the 1930s, and they were working on ideas that would lay the groundwork for what would become known as computer science. (...) Though less well known than his other work, Turing's 1938 Princeton PhD thesis, "Systems of Logic Based on Ordinals," which includes his notion of an oracle machine, has had a lasting influence on computer science and mathematics. This book presents a facsimile of the original typescript of the thesis along with essays by Andrew Appel and Solomon Feferman that explain its still-unfolding significance. A work of philosophy as well as mathematics, Turing's thesis envisions a practical goal--a logical system to formalize mathematical proofs so they can be checked mechanically. If every step of a theorem could be verified mechanically, the burden on intuition would be limited to the axioms. Turing's point, as Appel writes, is that "mathematical reasoning can be done, and should be done, in mechanizable formal logic." Turing's vision of "constructive systems of logic for practical use" has become reality: in the twenty-first century, automated "formal methods" are now routine. Presented here in its original form, this fascinating thesis is one of the key documents in the history of mathematics and computer science. (shrink)

Back in 1988, when my department chair encouraged me to pursue my interest in developing a course on the social and ethical impact of computing, I was thrilled at the prospect but had no idea how difficult it would be to find resources to support my teaching. I did some pre-Web digging and found two organizations that delivered on their promises to provide me with valuable sources of material: ACM SIGCAS and CPSR. I quickly joined each group, subscribed to each (...) one's publications, and the rest, as they say, is history. Over the past twenty years, I have enjoyed a rich and rewarding career in the area of computer ethics and its pedagogy, and have benefited professionally and personally through my affiliation with a vibrant interdisciplinary community of computer ethics scholars. I am happy to report that Computers and Society continues to provide my students with thought-provoking material, and is now part of a large and growing body of literature. (shrink)

This essay has examined a women's subculture within a broader discipline. In the Victorian era physiology, understood in its then-dominant meaning as hygiene, en- tered the women's colleges and was likely also to have been found in modified form in other types of colleges. Toward the turn of the century physiology began to be redefined as a male-oriented experimental biomedical science. Physiology in the five women's colleges under discussion was transformed in light of that new meaning, but in such a (...) manner as to preserve a female network with an identity of its own. (shrink)

The Internet has vastly expanded the opportunity for patients and families to share their medical narratives with the general public. Yet blogs and social media posts can also prove a source of con...

Since several landmark legal decisions in the 1970s and 1980s, substituted judgment has become widely accepted as an approach to decision‐making for incapacitated patients that incorporates their autonomy and interests. Two notable exceptions have been cases involving minors and those involving cognitively or psychiatrically impaired individuals who never previously possessed the ability to contemplate the medical decisions involved in their care. While a best interest standard may have universal merit in pediatric cases, this paper argues that substituted judgement has been (...) rejected too broadly for “never‐capacitated” patients. It then lays out a three‐condition test for using substituted judgment in these cases. For a subset of “never‐capacitated” patients who belong to distinctive religious or cultural communities with clear medical values and have an appropriate surrogate, these values may prove helpful in vindicating the interests of the never‐capacitated and should not be blanketly dismissed. (shrink)

In 1233 a certain R. Joseph bar Moses of Würzburg commissioned an illuminated copy of Rashi's Bible commentary, now in Munich. After the text was finished, the task of illuminating was put into the hands of a Christian painter, apparently a man named Heinrich, who kept a lay workshop in Würzburg . Three years later a giant Bible, now in Milan, was commissioned perhaps by the same patron, but not necessarily in the same city . It, too, was illuminated; this (...) time, however, it cannot be excluded that the paintings were made by Jewish artists. Both manuscripts are richly decorated with narrative scenes involving human figures. In the following decades it became more and more customary for wealthy Jews of Germany and northern France to have their Bibles, prayer books, and other texts adorned with figural miniatures. Yet there is no evidence that during the Middle Ages human figures were painted in any form in a Jewish context before the 1230s. A few textual references from the twelfth century indicate wall paintings and stained-glass windows in synagogues with images of animals and dragons, but none have survived. Some decades after the first illuminated books made their appearance, the most outstanding authority on religious law of his time, R. Meir ben Barukh of Rothenburg , was asked his opinion of this phenomenon. R. Meir was worried, as his reply shows, but not for reasons of religious law; his concern was that images in painted books would distract believers from their pious concentration during prayer. (shrink)

ABSTRACT The EU’s activation of Article 7 procedures against Hungary and Poland signals that it is beginning to take seriously the illiberal turn in Central Europe. However, the likelihood that the EU can restrain populist and illiberal tendencies in Hungary and Poland in the near future is slim. Despite the efficacy of the EU and other international organizations in promoting liberalism in these countries in the past, similar efforts are hobbled by a lack of political will and by significant bureaucratic (...) hurdles. The impetus to protect the liberal institutions and practices developed after the collapse of communism must come from the combined efforts of additional external actors and, most of all, by strong pressure from below. (shrink)

The health and fitness of United States presidents has been a matter of concern since the Constitutional Convention. Several United States presidents, including James Madison, James Garfield, and Woodrow Wilson, were significantly impaired during portions of their tenure. Yet how to address this issue has proved both ethically and politically challenging, increasingly so during our nation's current period of elevated polarization. This essay reviews the history of presidential impairment and the range of proposals that have been offered to address it. (...) Ultimately, the essay argues that any effort to require the release of medical records or to evaluate the president while in office is likely to prove ineffective and politically unworkable, but also that providing the public with more medical information about candidates and presidents is unlikely to prove useful to voters in rendering their decisions. (shrink)

Whether the law should permit individuals to opt out of accepted death standards is a question that must be faced and clarifiedWhile media coverage of the Terri Schiavo case in Florida has recently refocused public attention on end of life decision making, another end of life tragedy in Utah has raised equally challenging—and possibly more fundamental—questions about the roles of physicians and families in matters of death. The patient at the centre of this case was Jesse Koochin, a six year (...) old boy suffering from “inoperable and incurable” brain cancer. He had been undergoing care at Primary Children’s Medical Center in Salt Lake City since September 15, 2004 when “his tumor pushed his brain stem down through the skull”.1 Subsequently, two physicians independently determined that the child was “brain dead” and informed his parents that they would order life support removed within twenty four hours. Steve and Gayle Koochin overtly rejected the hospital’s definition of death. The couple, relying on traditional notions of cardiopulmonary death, obtained a restraining order to keep Jesse on a ventilator and ultimately removed the brain dead child from the hospital. The ongoing case raises the complex question of whether patients’ families should be permitted to opt out of widely accepted definitions of death in favour of their own standards.The definition of death has evolved rapidly in the United States over the past thirty five years. Until the middle of the twentieth century, the medical community, the legal system, and an overwhelming majority of the public understood death to …. (shrink)

Although considerable attention has been devoted to the concepts of “visible” and “invisible” victims in general medical practice, especially in relation to resource allocation, far less consideration has been devoted to these concepts in behavioral health. Distinctive features of mental health care in the United States help explain this gap. This essay explores three specific ways in which the American mental health care system protects potentially “visible” individuals at the expense of “invisible victims” and otherwise fails to meet the needs (...) of great numbers of people with serious psychiatric conditions: prioritization of the wrong patients, incentivization of excessive caution among providers, and a narrow definition of psychiatry's purview. While each of these practices has been discussed elsewhere in the literature, they are rarely considered as part of an interrelated and systemic problem. Reconceptualizing these three issues as aspects of the larger conflict between the interests of “visible” and “invisible” victims may prove a path toward reform. (shrink)

A Philosophy of Mitzvot by Rabbi Dr. Gersion Appel sets forth the Hinnukh's objectives and his approach to revealing the religious and ethical meaning of the mitzvot. In his wide-ranging study, the author presents a comprehensive view of Jewish philosophy as developed by the Hinnukh and the classical Jewish philosophers. The Hinnukh emerges in this study as a great educator and moral and religious guide, and his classic work as a treasure-trove of Jewish knowledge, religious inspiration, and brilliant insight in (...) the molding of human character. (shrink)

This paper describes the author’s experience of infusing an introductory database course with privacy content, and the on-going project entitled Integrating Ethics Into the Database Curriculum, that evolved from that experience. The project, which has received funding from the National Science Foundation, involves the creation of a set of privacy modules that can be implemented systematically by database educators throughout the database design thread of an undergraduate course.

Chemical castration laws, such as one recently adopted in the U.S. State of Louisiana, raise challenging ethical concerns for physicians. Even if such interventions were to prove efficacious, which is far from certain, they would still raise troubling concerns regarding the degree of medical risk that may be imposed upon prisoners in the name of public safety as well as the appropriate role for physicians and other health care professionals in the administration of pharmaceuticals to competent prisoners over the inmates’ (...) unequivocal objections. This paper argues that the concerns raised by chemical castration are grave enough that, until they are adequately addressed by policymakers, physicians ought not to participate in the process. (shrink)

“An original, compelling, and provocative exploration of ethical issues in our society, with thoughtful and balanced commentary. I have not seen anything like it.” —Alan Lightman, author of Einstein’s Dreams Drawing upon the author’s two decades teaching medical ethics, as well as his work as a practicing psychiatrist, this profound and addictive little book offers up challenging ethical dilemmas and asks readers, What would you do? A daughter gets tested to see if she’s a match to donate a kidney to (...) her father. The test reveals that she is not the man’s biological daughter. Should the doctor tell the father? Or the daughter? A deaf couple prefers a deaf baby. Should they be allowed to use medical technology to ensure they have a child who can’t hear? Who should get custody of an embryo created through IVF when a couple divorces? Or, when you or a loved one is on life support, Who says you’re dead? In short, engaging scenarios, Dr. Appel takes on hot-button issues that many of us will confront: genetic screening, sexuality, privacy, doctor-patient confidentiality. He unpacks each hypothetical with a brief reflection drawing from science, philosophy, and history, explaining how others have approached these controversies in real-world cases. Who Says You’re Dead? is designed to defy easy answers and to stimulate thought and even debate among professionals and armchair ethicists alike. (shrink)

The model for capacity assessment in the United States and much of the Western world relies upon the demonstration of four skills including the ability to communicate a clear, consistent choice. Yet such assessments often occur at only one moment in time, which may result in the patient expressing a choice to the evaluator that is highly inconsistent with the patient’s underlying values and goals, especially if a short-term factor (such as frustration with the hospital staff) distorts the patient’s preferences (...) momentarily. These challenges are particularly concerning in cases, which arise frequently in hospital settings, in which patients demand immediate self-discharge, often during off-hours, while faced with life-threatening risks. This paper examines the distinctive elements that shape such cases and explores their ethical implications, ultimately offering a model for such situations that can be operationalized. (shrink)

One of the basic tenets of paediatric ethics is that competent parents may render healthcare decisions for children who are too young or too incapacitated to make meaningful medical choices for themselves. In the USA, many jurisdictions have expanded this principle to include the right to terminate a child's life support, including nutrition and hydration, when that child enters a persistent vegetative state. However, this approach to the withdrawal of care in the paediatric setting has been put to the test (...) by an increasing number of cases in which one or both parents are themselves accused of causing the child's life-threatening injuries. In such “mixed-motive” situations, parents may express a desire to keep a child on life support for religious or moral reasons; at the same time, forestalling the child's death may also prevent a murder charge against the accused parent. Principles need to be established for handling such tragic cases. (shrink)

L’article est une prise de position critique à propos du livre de Habermas Faktizität und Geltung . Plus précisément, il s’agit d’une critique de l’ « architectonique” de la différenciation discussionnelle, menée à propos du rapport entre principe de discussion, principe moral, principe du droit et principe démocratique. Mon point de vue résulte de la position de l’éthique de la discussion comme discipline de base de la philosophie pratique, dans la perspective d’une fondation pragmatique-transcendantale ultime. Une « architectonique » alternative (...) de la différenciation discussionnelle du point de vue de l’éthique de la discussion est proposée.The following essay takes a critical stand to Habermas’ book Faktizität und Geltung of 1992 ; more precisely expressed : my stance is critical with regard to Habermas’ new « architectonics » of discourse-differentiation concerning the relationship between « discourse-principle », « principle of morality », « principle of law », and « principle of democracy ». My critique represents the view of a « transcendentalpragmatic ultimate foundation of discourse-ethics » . An alternative « architectonics » of discourse differentiation in the sense of discourse-ethics is suggested. (shrink)

One of the most fundamental tenets of medical research, enshrined in the World Medical Association’s Declaration of Helsinki, is that scientific investigation involving human beings requires the informed consent of the subjects.

This essay explores the challenges of dual loyalty in the emergency setting. The author, an emergency room psychiatrist, finds himself caring for a patient who has been detained by U.S. Immigration and Customs Enforcement for potential deportation under circumstances that the author finds unjust. He also recognizes that the patient's reported psychiatric symptoms are likely not of the nature or severity to justify a psychiatric admission that might forestall deportation. While the author has taught the subject of dual loyalty in (...) medicine for many years, he struggles with the question of how to balance his duties to further his patient's welfare with his legal obligations to the state and the rule of law. (shrink)

One of the most fundamental tenets of medical research, enshrined in the World Medical Association’s Declaration of Helsinki, is that scientific investigation involving human beings requires the informed consent of the subjects.

Clinicians are often called upon to assess the capacity of a patient to appoint a healthcare agent. Although a consensus has emerged that the standard for such assessment should differ from that for capacity to render specific healthcare decisions, exactly what standard should be employed remains unsettled and differs by jurisdiction. The current models in use draw heavily upon analogous methods used in clinical assessment, such as the “four skills” approach. This essay proposes an alternative model that relies upon categorization (...) and sliding scale risk assessment that can be used to determine to how much scrutiny the proxy appointment should be subjected and how much certainty of accuracy should be required in order to maximize the patient’s autonomy and ensure that her underlying wishes are met. (shrink)

Most reasonable people acknowledge that Karl Helge Hampus Hellekant has committed a grave moral offense: the 33-year-old Swede, also known as Karl Svensson, was convicted of killing trade unionist Björn Söderberg in 1999 at the behest of the Swedish neo-Nazi movement. What is not so clear is whether Hellekant, who is currently free on parole, should be permitted to become a physician. The former extremist was admitted to the medical school at Stockholm’s Karolinska Institute in 2007, but later expelled—following considerable (...) public debate—after school officials discovered that he was temporarily unable to verify his academic records. Sweden’s most prestigious medical school, Uppsala, subsequently confirmed these records and matricatulated him in 2008. (shrink)

When physicians search the web for personal information about their patients, others have argued that this undermines patients’ trust, and the physician-patient relationship in general. We add that this practice also places other relationships at risk, and could jeopardize a physician’s career. Yet there are also reports of web searches that have unambiguously helped in the care of patients, suggesting circumstances in which a routine search of the web could be beneficial. We advance the notion that, just as nonverbal cues (...) and unsolicited information can be useful in clinical decision making, so too can online information from patients. As electronic records grow more voluminous and span more types of data, searching these resources will become a clinical skill, to be used judiciously and with care—just as evaluating the literature is, today. But to proscribe web searches of patients’ information altogether is as nonsensical as disregarding findings from physical exams—instead, what’s needed are guidelines for when to look and how to evaluate what’s uncovered, online. (shrink)

The ambivalence of human-animal-relationships culminates in our eating habits; most people disapprove of factory farming, but most animal products that are consumed come from factory farming. While psychology and sociology offer several theoretical explanations for this phenomenon our study presents an experimental approach: an attempt to challenge people’s attitude by confronting them with the animals’ perspective of the consumption process. We confronted our participants with a fictional scenario that could result in them being turned into an animal. In the scenario, (...) a wicked fairy forces them to choose a ticket. Depending on their choice of ticket they have equal chances of becoming a human being with a certain consumption behaviour (meat eater, organic eater, vegetarian, vegan) or, correspondingly, becoming a certain kind of animal (factory farmed meat animal, organically farmed meat animal, animal for dairy/egg production, free living animal). Our results indicate a strong discrepancy between people’s actual consumption habits (mostly regular meat eaters) and their choices in the experiment (strong preferences for the organic or vegan life style). The data reveal a broad spectrum of explanations for people’s decisions in the experiment. We investigated the influence of four different factors on the participant’s choices in addition to reasons they gave as open-ended answers. Correspondingly, different coping strategies to overcome the tension (cognitive dissonance) between real-life consumption choices and attitudes towards nonhuman animals could be detected. Furthermore, many participants indicated a lack of knowledge concerning living conditions in farming but also concerning capacities and properties of nonhuman animals. (shrink)

Patient portals are poised to transform health communication by empowering patients with rapid access to their own health data. The 21st Century Cures Act is a US federal law that, among other provisions, prevents health entities from engaging in practices that disrupt the exchange of electronic health information—a measure that may increase the usage of patient health portals. Caregiver access to patient portals, however, may lead to breaches in patient privacy and confidentiality if not managed properly through proxy accounts. We (...) present an ethical framework that guides policy and clinical workflow development for healthcare institutions to support the best use of patient portals. Caregivers are vital members of the care team and should be supported through novel forms of health information technology (IT). Patients, however, may not want all information to be shared with their proxies so healthcare institutions must support the development and use of separate proxy accounts as opposed to using the patient’s own account as well provide controls for limiting the scope of information displayed in the proxy accounts. Lastly, as socioeconomic barriers to adoption of health IT persist, healthcare providers must work to ensure multiple streams of patient communication, to prevent further propagating health inequities. (shrink)

Economic motivations are key drivers of human behavior. Unfortunately, they are largely overlooked in literature related to medical decisionmaking, particularly with regard to end-of-life care. It is widely understood that the directions of a proxy acting in bad faith can be overridden. But what of cases in which the proxy or surrogate appears to be acting in good faith to effectuate the patient’s values, yet doing so directly serves the decision-maker’s financial interests? Such situations are not uncommon. Many patients care (...) as deeply about economic wellbeing of their families as they do for their own lives and health. This brief work examines three scenarios that raise ethical issues regarding the role of pecuniary motives in making critical medical decisions. Each scenario presents a potential financial conflict of interest between an incapacitated patient and a third-party decision-maker and offers a framework for integrating ethical and legal concerns into clinical care. It is our hope that this work prepares physicians for unexpected ethical conflicts of interest and enables them to further the interests of his or her patients. (shrink)

Successful formulation and implementation of end-of-life care requires ongoing communication with the patient. When patients, for reasons of general medical or psychiatric illness, fail to verbally communicate, providers must be receptive to messages conveyed through alternate avenues of communication. We present the narrative of a man with schizophrenia who wished to forgo hemodialysis as a study in the ethical importance of attention to nonverbal communication. A multilayered understanding of the patient, as may be provided by both behavioral and motivational models, (...) can inform the provider’s ability to receive, process, and represent communicated content to the patient or his or her surrogate decision-maker. (shrink)

Cet ouvrage rend hommage au Professeur Claude JOURNÈS, ancien Président de l'Université LUMIERE Lyon 2 et membre fondateur du mouvement Critique du droit. Les Mélanges offerts au Professeur Claude JOURNÈS ont retenu cette approche, utilisant le droit comme un outil de mise en perspective critique de l'ordre social et de l'ordre politique. Après un hommage au Doyen JOURNÉES (P. BLACHÈR) et l'évocation des ambitions et perspectives du mouvement critique Du droit (S. BASSET ou J. MICHEL), l'ouvrage se construit en deux (...) temps. La première partie, intitulée « Le droit critique de l'ordre social », regroupe des réflexions sur le pouvoir médical (F. DEMICHEL), sur les crimes coloniaux (A. MAHIOU), sur la dimension anthropologique du vocabulaire juridique (M.-C. HATTI) et sur le contrôle policier (M. SAOUDI), le tout ouvrant sur la possibilité d'un humanisme séculier (H. PUEL). La seconde partie, « Le droit critique de l'ordre politique », entend montrer comment le droit porte en lui une conception du pouvoir et de l'autorité. Les études explorent des pistes très diverses mêlant les finances publiques (J.-L. ALBERT), les renseignements (C. ARROUDJ), l'histoire du droit (J.-L. AUTIN, J.-C GENIN), l'histoire de la doctrine (H. GOURDON), les institutions politiques (P. BACOT, A.-S. MESCHERIAKOFF, R. CHARVIN), les institutions territoriales (J.-J. GLEUAL, H. OBERDORFF, R. PAVRE), la littérature (S. CAPORAL, G. HARE) ou les nouvelles technologies (G. PROTIÉRE). II ressort de l'ensemble que, loin d'être un simple outil technique, le droit est un puissant instrument de modélisation sociale et de justification du pouvoir. Inversant la logique dominante, la perspective critique du droit dévoile les limites d'une telle conception et rappelle que le droit, comme tous les construits sociaux, est le produit de luttes politiques et de rapports de force. En ce sens, à l'instar des valeurs défendues par le dédicataire de cet ouvrage, l'ordre critique du droit est un appel à contester les évidences, condition d'une conception plus ouverte et pluraliste de l'ordre juridique. (shrink)

(Statement of Responsibility) by Timothy S. Huebner.

Comment s'est inventé le bord de mer? Avec quelles figures historiques, quels rituels sociaux, quelle littérature? Quel est le sens de cette construction? Et comment la décrire? Car les concepts usuels de la métaphysique sont essentiellement terrestres et sont inadéquats pour traduire le mouvant, le fluctuant, le sans sol. Il faut les y faire jouer à contre-emploi ou les détourner pour les rattacher à ce milieu particulier qu'est la plage. Aussi le bord de mer semble appeler une autre métaphysique, qui (...) reste à élaborer. Un livre polyphonique, construit par fragments, où chacun peut entrer comme il veut, à la saison de son choix, en fonction de son humeur ou de ses goûts, comme on peut passer un week-end à la mer en hiver, ou y rester tout un mois l'été. S'entrecroisent des récits, des scènes de plage, des souvenirs d'enfance ou le portrait de personnages singuliers, avec l'analyse de textes littéraires et des réflexions proprement philosophiques sur les concepts et le statut de la métaphysique. Ces fragments s'organisent en une chronique retraçant une année au bord de la mer. Une histoire des bords de mer, ou comment un territoire du vide est devenu un petit paradis. Une autre manière de faire de la philosophie. (shrink)

Ce deuxième tome des Hommes de la fraternité s'achève avec le règne de Constantin et le concile de Nicée (325). Les quelques deux cent cinquante évêques qui participent à ce concile dit " œcuménique " représentent bien mal, par leur provenance, ce qu'on appelait alors l'oïkouméné (l'ensemble des terres habitées). Mais le concile est présidé par l'empereur, et une ère nouvelle commence pour les chrétiens au sein de l'Empire. Ils sont si bien traités par le prince, ces évêques conciliaires, qu'ils (...) " se demandent s'ils ne sont pas déjà dans le Royaume de Dieu ". Il semble loin le temps de l'épître à Diognète (vers 195) qui parlait des chrétiens en ces termes : " toute terre étrangère leur est une patrie, toute patrie une terre étrangère. " avec Constantin s'inaugure ce qu'on appellera plus tard l'alliance du trône et de l'autel. Ce deuxième tome est celui d'un tournant décisif pour la suite de l'histoire. Mais l'historien qu'est Michel Clévenot se garde bien d'illustrer une thèse, fût-elle éclairante. Il donne au contraire à voir et à entendre la diversité des situations aux quatre coins de l'Empire et au sein des classes sociales si peu homogènes : le lecteur fait connaissance avec le " directeur de conscience " de la bourgeoisie d'Alexandrie, mais il visite aussi les petits agriculteurs d'Italie, d'Afrique du Nord ou des bords du Nil. Les querelles commerciales, les tensions économiques, les controverses théologiques, les affrontements politiques et guerriers, rien de tout cela n'est négligeable pour celui qui entend " l'appel de Jésus à ne pas déserter l'Histoire ". (shrink)

This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict liability (...) offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”. (shrink)

Parues pour la premiere fois en 1938, les Etudes kierkegaardiennes de Jean Wahl constitutent a tous egards une somme incontournable pour comprendre le sens de la philosophie de Kierkegaard et la place si originale qu'elle occupe dans l'histoire de la philosophie. L'auteur s'efforce d'y faire apparaitre le lien existant entre les evenements qui marquerent la vie de Kierkegaard et la formation de ses concepts fondamentaux. Par ce biais, l'auteur montre comment la theorie des trois stades de l'existence fait appel a (...) une dialectique qualitative, opposee a la dialectique hegelienne. L'auteur montre enfin que la theorie des trois stades de la croyance et de l'existence qui lui sont liees sont inseparables d'une lutte entreprise contre les pensees qui contribuerent a la genese de la pensee de Kierkegaard et qu'il s'agit a present pour lui de depasser: il n'y a pas de chemin qui conduit de la pensee, du cogito, a l'etre, au sum, car l'existence est l'etre hors de toute pensee. (shrink)

The logic of soku-hi is presented as an articulation of a post-Kantian view of reality that embraces the truths of science with the assumption of the transcendental subject. As such, soku-hi represents the philosophical posture of both the secular Zen of the Kyoto School and the new materialists of contemporary continental philosophy. It describes how material reality is not all even though there is nothing else.

The nature, possibility, and implications of ethics expertise in general and of bioethics expertise in particular has been the focus of extensive debate for over thirty years. What is ethics expertise and what does it enable experts to do? Knowing what ethics expertise is can help answer another important question: What, if anything, makes a claim of expertise legitimate? In other words, how does someone earn the appellation “ethics expert?” There remains deep disagreement on whether ethics expertise is possible, and (...) if so, what constitutes such expertise and what it entails and legitimates. Discussion of bioethics expertise has become particularly important given the growing presence of bioethicists in the clinical setting as well as efforts to professionalize bioethics through codes of ethics and certification efforts. Unlike in the law or in engineering, where there may be a body of knowledge that professional organizations or others have articulated as important for education and training of experts, ethics expertise admits of no such body of knowledge or required experience. Nor is there an entity seen as having the authority to articulate the necessary scope of knowledge. Questions about whether there is such a body of knowledge for particular areas within bioethics have emerged and played a central role in professionalization efforts in recent years, especially in the area of clinical ethics. (shrink)