In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

This article revisits Jeffrey Tulis’s The Rhetorical Presidency in the age of Trump, discussing the debates to which it originally responded, its core thesis and empirical evidence, as well as its impact on political science in the last three decades. The article’s second half turns to a recent critique of Tulis’s thesis by Ann C. Pluta, which manifests many of the misunderstandings that have persisted since The Rhetorical Presidency’s original publication. Habits of thought revealed in Pluta’s misunderstandings, I argue, are (...) emblematic of the political culture that is amenable to the simplistic yet politically effective appeals characteristic of rhetorical presidents like Donald Trump. Elements of the broader political-science world that are on display in Pluta’s article are symptomatic of political pathologies sustained and aggravated by the culture of the polity that political scientists inhabit and purport to study—the culture of the rhetorical presidency. (shrink)

ABSTRACTAnne C. Pluta’s reply to my critique perpetuates the errors that undermined the article I criticized. Pluta dismisses out of hand my suggestion that her mistakes are the result of the particular lens through which she and much of the political science community view the American presidency. Yet this suggestion has the merit of explaining why she contends that piling up nineteenth-century instances of presidential public “speech” undermines Jeffrey Tulis’s contention that the nature of presidential speech changed decisively at (...) the beginning of the twentieth century, such that rhetorical, often-demagogic appeals over the heads of Congress displaced public speech that affirmed the values of republican, constitutional government. (shrink)

The United States Constitution was written for the purpose of establishing an effective but limited national government, a government that would be capable of dealing with national and international problems, but that would not be able to violate the traditional liberties of the people. Thus, the Constitution was, and is essentially a practical-juridical document. One should not expect to find there pronouncements about the nature of man, society, law, or the state, such as are often found in many (...) other national constitutions and international conventions. Nevertheless, several important characteristics of the Constitution—indeed its most important characteristics—are clear and admirable applications of the natural law. The principal drafters of the Constitution believed that God, in creating the universe, implanted in the nature of man a body of law to which all human beings are subject, which is superior to all manmade law, and which is knowable by human reason. Thus, the natural law of the American founders was traditional natural law as understood and expounded by classical and Medieval writers and carried forward in the English common law, and not the “Enlightenment” versions in vogue in eighteenth-century Europe. The classical-traditional natural law understanding of Madison, Hamilton, Wilson, and other leaders of the Philadelphia Convention are reflected in the three most important characteristics of the Constitution: the principle of limited government; the principle of subsidiarity (in both political and larger societal matters); and the practice of guaranteeing traditional rights, and only as against government. (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference (...) over democracy in a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

ABSTRACTThe article uses the recent U.S. Supreme Court decision in the same-sex marriage caseObergefell v. Hodgesas the springboard for a general enquiry into the nature and existence of a constitutional right to liberty under the American Constitution. The discussion is divided into two main parts. The first examines the meaning and the justifiability of there being a moral right to liberty as a matter of political philosophy. Two such rights are distinguished and defended: first, a right not to (...) be coerced by the state when the state is motivated by improper reasons ; and second, a right not to be coerced by the state when there are insufficient justifying reasons for the state to do so, irrespective of how such state coercion may be motivated. Neither right is regarded as “absolute,” and so it is morally permissible for the state to override such rights in certain circumstances. The second part of the article examines the distinct and additional considerations that must be taken into account when these two moral rights to liberty are fashioned into corresponding legal rights under American constitutional law. Both such rights survive the transformation, but each becomes altered somewhat in its content. This legal transformation includes recognition of the nonabsolute nature of moral rights, such recognition taking the form of some doctrine of “compelling state interests.” The discussion in these two main parts of the article is prefaced with a defense of the article's use of political philosophy to inform constitutional law, a defense motivated by Chief Justice Robert's denunciation of such an approach to constitutional law in his opinion inObergefell. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:William James, A Pluralistic Universe. A New Philosophical ReadingRichard A. S. Hall William James, A Pluralistic Universe. A New Philosophical Reading. Ed. H. G. Callaway. Newcastle, U.K.: Cambridge Scholars Publishing, 2008.In 1907 William James was invited to give the Hibbert Lectures at Manchester College, Oxford. Initially he was reluctant to do so since he feared undertaking them would divert him from developing rigorously and systematically some metaphysical ideas (...) of his own that had preoccupied him for some time. [End Page 130]In the end, however, he relented and in the spring of 1908 gave the lectures which were subsequently published as A Pluralistic Universe.As it happened, though, in the course of these lectures James presented some of those metaphysical ideas, though in a popular and informal style appropriate to lecturing. Later on he did get down to working out a systematic metaphysics in proper academic style, but the project was cut short by his untimely death in 1910. The incomplete Some Problems of Philosophy,posthumously published in 1911, recapitulates some major themes of A Pluralistic Universe.When James addressed his Oxford audience, the time was ripe for the advancement of his own brand of metaphysical pluralism and radical empiricism in opposition to the still-regnant forms of monistic idealism as represented by Bradley, Green, and Royce. The hegemony in the philosophical world long enjoyed by idealism was beginning to break up—something noted by James in his first lecture—due in no small part to the very ideas aired in his lectures and the then newly emerging schools of pragmatism and realism. The period between 1914 and 1918 not only rings the death knell of European imperialism but also, significantly, marks the watershed between nineteenth-and twentieth-century philosophy.The argument of A Pluralistic Universerevolves around the Parmenidean conundrum of the one-and-the-many. It is the solution to this problem that was the main bone of contention between James and absolute idealists like F. H. Bradley, T. H. Green, and Josiah Royce. For them, the world in reality is but one thing, though appearing illusorily as many, with a pervasive unity throughout—it is a "block-universe," to use James's expression for it; for James, by contrast, the world is irreducibly many things whose unities are partial and shifting. The gravamen of James's objections to absolute idealism was its monism, though he objected no less strenuously to other ideas associated with it: its doctrine of internal relations; its determinism; and, in particular, its deprecation of experience in favor of concepts (what James condemns as "vicious intellectualism"). James proposed, against this monolithic idealism, the alternative hypothesis of metaphysical pluralism. Here he affirmed the reality of external relations (particularly conjunctions) among things and the continuities within experience, thereby making his empiricism "radical." He approached experience phenomenologically, finding it, not concepts, to be constitutive of reality, the value of concepts being more practical than theoretical. He conceived of the universe as being open-ended, where human agency can make a difference for the better.A subtext of A Pluralistic Universeis James's advocacy of something like [End Page 131]traditional theism in contradistinction to the pantheism of absolute idealism. He rightly notes that the Absolute is not the God of Christianity. He believes that his pluralistic ontology allows for, and the religious experiences of people abundantly attest to, the existence of a personal God, albeit a finite one, with whom communion and commerce is possible. At a deeper, psychological level, though, A Pluralistic Universeis an expression of James's own desire to feel "at home" in the universe, a desire, I should add, that he shares with many protagonists of classic American fiction, and which is perhaps intensified by the experience of inhabiting and accommodating one's self to the relatively unfamiliar New World. He complains about the "foreignness" of the Absolute in objective idealism and of that sovereign God, in traditional theisms, subsisting beyond all human influence or effects.Howard Callaway's recent edition of James's Hibbert Lectures joins the Harvard edition of them, with a foreword by Richard J. Bernstein, as an indispensable volume of James's... (shrink)

A recent on-line discussion asked whether healthcare for Americans is a constitutional right or a privilege. One can debate whether one can extract a legal right to healthcare from the Declaration of Independence depending on whether one sees it is a philosophical or as a legal document. The Constitution of the United States of America lists “promote the general welfare” and protect “ourselves and our posterity” as some of its aims. Perhaps this would demand the inclusion of certain basic (...) health services such as immunizations and antimicrobial therapy for every citizen; even for illegal immigrants, in order to protect the public. America must decide whether health care is a privilege or a right! If it is a privilege, one must accept the exclusion of some individuals and the unintended consequences of epidemics. If it is a constitutional right, one must accept paying for that right with increased taxes and the unintended consequences on the economy. But who should pay, how much and for what? (shrink)

The present article commences analyzing the origins and influences of the religious discourse on the configuration of the modern constitutional discourse and the contributions of the jus-positivism in the consolidation of this sacred-civil language. The second issue is the definition of the U.S. Constitution as a mixed and not as a democratic constitution, with regard to the influences of Plato, Aristotle, Cicero and Polybius to the Drafters of the first modern constitutional text; stability and equilibrium took preference (...) over democracy in a wide sense. I also analyze how the Drafter’s decision has conditioned the modern constitutional system up to the present. (shrink)

The U.S. Supreme Court held, in American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 988, that state workers’ compensation system insurers cannot be sued for withholding health care benefits for work-related injuries while they decide whether the treatment is “reasonable” and “necessary.” The respondents, ten employees and two organizations representing employees who received medical benefits under the Workers’ Compensation Act, brought a 42 U.S.C. § 1983 action against state officials, the Pennsylvania State Workers’ Insurance Fund, private (...) insurers, and the school district, alleging that their due process rights were violated by provisions of the Pennsylvania Workers’ Compensation Act, 77 Pa. Cons. Stat. Ann. § 1 et seq.. The Act permits suspension of benefits without notice or opportunity to be heard pursuant to a “utilization review” process.To control costs, Pennsylvania amended its workers’ compensation system in 1993. Under the Act, an employer or its insurer must pay for all reasonable and necessary medical treatment. (shrink)

In this article, we present results from a literature review of intrinsic, instrumental, and relational values of nature conducted for the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, as part of the Methodological Assessment of the Diverse Values and Valuations of Nature. We identify the most frequently recurring meanings in the heterogeneous use of different value types and their association with worldviews and other key concepts. From frequent uses, we determine a core meaning for each value type, which is (...) sufficiently inclusive to serve as an umbrella over different understandings in the literature and specific enough to help highlight its difference from the other types of values. Finally, we discuss convergences, overlapping areas, and fuzzy boundaries between different value types to facilitate dialogue, reduce misunderstandings, and improve the methods for valuation of nature's contributions to people, including ecosystem services, to inform policy and direct future research. © 2023 The Author(s). Published by Oxford University Press on behalf of the American Institute of Biological Sciences. (shrink)

Book reviewed in this article: Medicine and Culture: Varieties of Treatment in the United States, England, West Germany, and France. By Lynn Payer. Health Care Systems: Moral Conflicts in European and American Public Policy. Edited by Hans‐Martin Sass and Robert U. Massey.

This third volume of Boston Studies in the Philosophy of Science contains papers which are based upon Colloquia from 1964 to 1966. In most cases, they have been substantially modified subsequent to presentation and discussion. Once again we publish work which goes beyond technical analysis of scientific theories and explanations in order to include philo sophical reflections upon the history of science and also upon the still problematic interactions between metaphysics and science. The philo sophical history of scientific ideas has (...) increasingly been recognized as part of the philosophy of science, and likewise the cultural context of the genesis of such ideas. There is no school or attitude to be taken as de fining the scope or criteria of our Colloquium, and so we seek to under stand both analytic and historical aspects of science. This volume, as the previous two, constitutes a substantial part of our final report to the U. S. National Science Foundation, which has continued its support of the Boston Colloquium for the Philosophy of Science by a grant to Boston University. That report will be concluded by a subse quent volume of these Studies. It is a pleasure to record our thanks to the Foundation for its confidence and funds. We dedicate this book to the memory of Norwood Russell Hanson. During this academic year of 1966-67, this beloved and distinguished American philosopher participated in our Colloquium, and he did so before. (shrink)

How is it possible that a thing singled out not exist? How is it possible that two things singled out be numerically identical? How is one to understand the relationship between, say, a quality of a thing and what this quality is? And how is one to understand the relation between this quality and the thing which happens to be thus qualified? Trying to answer these four questions involves investigation of the four senses of the verb "to be," or of (...) the concepts of existence, identity, essential and accidental predication. Butchvarov’s thesis is that these four questions admit of a common answer, that the cornerstone of this comprehensive theory is an answer to the second question, and that this crucial answer depends on making some such distinction as his between "objects" and "entities." The bare bones of his argument are these: We commonly make statements of the form "a is b" where "a" and "b" are used referringly. A "material identity" statement of this form may be true. If true, it is about one thing; yet what it is about appears to be distinct things. This distinctness is not a real distinction among existents, nor does it arise solely or primarily from features of language. Butchvarov’s account is based on a distinction "of reason" between objects and entities. An entity is an existent, a constituent of the world. An object is whatever can be singled out once, and only once, in perception or imagination or in "thought". Entities as such cannot be singled out, yet they may be recognized through applications of a conceptual apparatus to objects. A material identity statement, then, states that two objects are one entity. If true, it is both about two distinct objects and about the one entity which each is. When two objects are judged to be one entity, then indiscernibility is enforced. Seeming counterexamples to the indiscernibility of identicals are explained in terms of the distinction between objects and entities. Though some applications of the concept of identity are relative to sortal characteristics, others are not. The latter are prior to the former. These primary judgments constitute the backbone of "thought" and discourse. They are governed by impersonal, nonhuman "paradigms." There are entities, of course; and there are objects, though as objects none exists. Some objects are entities, some are not. The notion of existence, like the notion of identity in its material role, is then a principle of classification, a concept. Butchvarov examines nine objections to this claim, and elaborates his distinction between objects and entities. He concludes that identifiability, hence indefinite reidentifiability, is the logically sufficient condition of applicability of the concept of existence. A statement such as "Socrates is white" is a disguised conjunction, viz., "Socrates has this color, and this color is white." The second conjunct is an "essential" statement; it says of an object singled out that it is a certain entity; or, to allow for essences of nonexistent objects, it states what entity the object would be were it an entity. An essential statement is not a material identity statement, for only one of its terms is used referringly. The essence of an object is not a property of it, for it is what the object is or would be. Whereas logically prior consciousness of objects is intentional and non-conceptual, consciousness of entities is conceptual and nonintentional; it consists in recognizing that a thing can be identified by oneself or by others. What is accidentally white, say, cannot be a material substance or bare particular; therefore it is a "cluster" of qualities. The Resemblance Theory, according to which qualities are particulars, is not a coherent alternative to the Identity Theory; therefore the qualities an individual happens to have are themselves universals. The Bradleyan critique of ontological atomism is cogent; therefore an individual is a cluster of qualities each of which depends for its "formal identity" on its being together with the rest. An individual’s having qualities is then to be understood in terms of the necessary togetherness of the qualities constitutive of it. Since in addition each of these qualities is essentially a universal, and specific universals are contingently coinstantiated, the predication in question is properly regarded as accidental. The problem of identifying quality-clusters through space and time is discussed. (shrink)

The title of McClain’s book suggests that its theme is Plato’s seeming Pythagoreanism; yet it contains no commentary on the Philebus or the Phaedo. Its subtitle suggests that the theme is rather the five mathematical disciplines which may constitute a propaedeutic to dialectic ; yet it contains almost no account of the first four, and little account of the fifth as propaedeutic in this way. McClain’s book is rather an "adventure in musical imagination" whose proximate aim is a detailed and (...) coherent display of Plato’s musical imagination. (shrink)

Background Informed consent confers upon participants the right to decline or accept participation in a study in equal measure. Consent declines can be used as a potential metric to assess the adequacy of the informed consent process. Limited literature is available on the reporting of consent declines in Clinical Research. We evaluated randomized controlled trials published in three high-impact factor journals for consent declines to assess the extent of exertion of autonomy by research participants. Methods CONSORT flow charts in RCTs (...) published in New England Journal of Medicine, The Lancet and Journal of the American Medical Association between 2012 and 2015 were evaluated. The total and per journal proportion of RCTs reporting consent declines was calculated. Percentage of consent declines was also compared based on number of centers and type of setting. Between-groups analysis was done using Chi Square, Chi Square for trend and a Crude odds ratio [95% C.I] were calculated. Results Only 3.7% of the published articles were RCTs. Of the 1103 RCTs, only 532 reported consent declines. JAMA had the highest RCTs reporting consent declines, the Lancet [129,150/781,924, 16.5%] had the most participants declining consent. Difference was significant using Chi square for linear trend [ p < 0.00001]. Consent decline rate was higher in developed countries relative to developing countries [cOR: 2.27, p < 0.000001] and in single centric versus multicentric studies [cOR : 3.63, p < 0.0000001]. Conclusion Both authors and journal editors need to ensure better reporting of consent declines. (shrink)

One of the central debates amongst U. S. constitutional theorists for more than a generation has been between (conservative) ‘originalists’ arguing that, in interpreting and applying the Constitution, judges are duty bound to adhere to the original understandings at the time of the Constitution’s adoption and (liberal/progressive) ‘living constitutionalists’ arguing rather that, when appropriate, judges should read the Constitution in light of contemporary needs and moral aspirations. While acknowledging the significance and legitimacy of the originalist call for (...) fidelity to history and newly incorporating elements of their arguments into his theory, Fleming, in Fidelity to Our Imperfect Constitution, re-affirms moral aspirationalism as the ultimate foundation of the interpretive project. I argue here, as against Fleming, that the opposition that he (and other American constitutional theorists) have drawn between originalism’s historicism and living constitutionalism’s moral aspirationalism is a false binary – the contingent product of a developmental succession of political battles between American conservatives and progressive/liberals over the course of the twentieth century. I argue here, contra Fleming, that in both theory and practice, in the U. S. at least, history and moral aspiration are and have always been inextricably intertwined —inseparable— and that, going forward, U. S. constitutional historians and theorists would do better by forthrightly acknowledging and accounting for this fact, and dynamic. (shrink)

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the (...) Second Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller ). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”. (shrink)

The first section takes up some main details of American constitutional history. At the end of that section and in section two, we concentrate on one constitutional doctrine in particular, judicial review. We argue that this doctrine rests, traditionally, on the foundational idea of a permanent tension between democratic institutions and basic rights. In section three, we deal with the problem just raised, by suggesting an alternative view of the relationship that exists between these fundamental constitutional elements. Here we (...) attempt to show that there is an essential principled harmony between basic constitutional rights and democratic majority rule. And we try to locate judicial review within this alternative conception. Then in section four and in the conclusion we discuss the institutional arrangements for the practice of judicial review in the light of this alternative conception. (shrink)

The history of corporations in the United States (U.S.) is much older than the country, as it must be understood in the context of the history of peoples of Europe who eventually dominated the North American continent in the seventeenth and eighteenth centuries. These European settlers came, in part, to achieve economic prosperity for themselves and, in many cases, for early forerunners of the modern corporation. These business organizations had predecessors in Europe millennia earlier as ancient Romans had developed (...) a functional and successful form of corporation for the purpose of conducting commerce in the Roman Empire. In the decades that followed the founding of the U.S. in 1776, corporations evolved from rare, small, closely controlled business organizations with a multitude of restrictions to very large, very powerful modern institutions that enjoy many of the legal rights of humans. With this evolution came ethical issues, as (1) the ethical distance was altered between corporate decision-makers and those affected by those decisions, and (2) many of the legal rights of individual humans were extended, through litigation, to corporations. This article explains the historical development of the U.S. corporation and identifies 20 Critical Events in the Ethics of Corporation History (CEECH). An understanding of these historical events may facilitate comprehension of many of the current ethical issues associated with a legal organizational form that profoundly affects business and society. (shrink)

John Ogbu has studied minority education from a comparative perspective for over 30 years. The study reported in this book--jointly sponsored by the community and the school district in Shaker Heights, Ohio--focuses on the academic performance of Black American students. Not only do these students perform less well than White students at every social class level, but also less well than immigrant minority students, including Black immigrant students. Furthermore, both middle-class Black students in suburban school districts, as well as (...) poor Black students in inner-city schools are not doing well. Ogbu's analysis draws on data from observations, formal and informal interviews, and statistical and other data. He offers strong empirical evidence to support the cross-class existence of the problem. The book is organized in four parts: *Part I provides a description of the twin problems the study addresses--the gap between Black and White students in school performance and the low academic engagement of Black students; a review of conventional explanations; an alternative perspective; and the framework for the study. *Part II is an analysis of _societal and school factors_ contributing to the problem, including race relations, Pygmalion or internalized White beliefs and expectations, levelling or tracking, the roles of teachers, counselors, and discipline. *_Community factors_--the focus of this study--are discussed in Part III. These include the educational impact of opportunity structure, collective identity, cultural and language or dialect frame of reference in schooling, peer pressures, and the role of the family. This research focus does _not_ mean exonerating the system and blaming minorities, nor does it mean neglecting school and society factors. Rather, Ogbu argues, the role of community forces should be incorporated into the discussion of the academic achievement gap by researchers, theoreticians, policymakers, educators, and minorities themselves who genuinely want to improve the academic achievement of African American children and other minorities. *In Part IV, Ogbu presents a summary of the study's findings on community forces and offers recommendations--some of which are for the school system and some for the Black community. _Black American Students in an Affluent Suburb: A Study of Academic Disengagement_ is an important book for a wide range of researchers, professionals, and students, particularly in the areas of Black education, minority education, comparative and international education, sociology of education, educational anthropology, educational policy, teacher education, and applied anthropology. (shrink)

The increasing global demand for energy necessitates devoted attention to the formulation and exploration of mechanisms of thermal heat exchangers to explore and save heat energy. Thus, innovative thermal transport fluids require to boost thermal conductivity and heat flow features to upsurge convection heat rate, and nanofluids have been effectively employed as standard heat transfer fluids. With such intention, herein, we formulated and developed the constitutive flow laws by utilizing the Rossland diffusion approximation and Stephen’s law along with the MHD (...) effect. The mathematical formulation is based on boundary layer theory pioneered by Prandtl. Governing nonlinear partial differential flow equations are changed to ODEs via the implementation of the similarity variables. A well-known computational algorithm BVPh2 has been utilized for the solution of the nonlinear system of ODEs. The consequence of innumerable physical parameters on flow field, thermal distribution, and solutal field, such as magnetic field, Lewis number, velocity parameter, Prandtl number, drag force, Nusselt number, and Sherwood number, is plotted via graphs. Finally, numerical consequences are compared with the homotopic solution as a limiting case, and an exceptional agreement is found. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...) the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the (...) matrix of which is a dual delimitation of boundaries, generational, and jurisdictional. (shrink)

In order to secure ethical relevance for phenomenology, Peter Dabrock proposes a synthesis with a Kantian rational ethic. The theological question thus arises concerning the tenability of such a synthesis and the acceptability of the corresponding translation of Protestant anthropology into the language of philosophy. Dabrock argues that man's character as an image of god, understood in the context of a theology of justification, can be translated into the philosophical concept of incarnate reason. Even if the concept of incarnate reason (...) sounds plausible in view of foundational theology and anthropology, its contribution to a foundation for material ethics is very limited because the body itself however has no normative impact when it comes to deciding about the ethical acceptability of concrete medical interventions. Thus, the constitutive significance of our being embodied becomes ethically relevant only insofar as that significance is integrated into a moral philosophical or theological ethical framework theory. (shrink)

Because of the complexity of human behaviour a great many research variables must be constructed from the building blocks of human judgement. A teacher's warmth, a psychotherapist's ability to create rapport, a patient's inner state - these all tend ultimately to be defined by the judgements of others. The purpose of this book is to describe the design, the analysis and the meta-analysis of studies employing judgements in sufficient detail that readers can conduct such studies, and more wisely evaluate them. (...) While the author's examples are drawn primarily from research on non-verbal behaviour, the book is designed for any investigators employing judges, observers, raters, coders, or decoders, whether or not the behaviour being assessed is non-verbal. Judgment Studies: Design, Analysis, and Meta-Analysis constitutes a unique resource for advanced students and researchers in the behavioural and social sciences. It offers the first integrated summary of methodological issues in judgement studies, and the first guide to their planning and analysis. (shrink)

Articulating Life's Memory offers a unique view of the history of abortion in early America. Nathan Stormer's work moves beyond general histories of medicine, science, and women; it provides specific insight into how the earliest medical writings on abortion served to create cultural memory. Nineteenth-century medical texts presented the act of abortion as a threat to the carefully circumscribed concepts of nation and race. Stormer analyzes a wealth of literature from the period to explore the rhetorical techniques that led early (...) Americans to presume that abortion put the integrity of all of American culture at risk. The book's first part provides a layered context for understanding medical practices within the rhetoric of memory formation and sets early antiabortion efforts within the wider framework of nineteenth-century biopolitics and racism. In Part II of the study, Stormer examines the substance of the memory constituted by these early medical practices. Making a major contribution to the study of rhetoric, Articulating Life's Memory will be invaluable to scholars researching reproductive rights and feminist and cultural histories of medicine. (shrink)

This paper deals with the genesis, development, and impact of Military Keynesianism in the U.S. Its impact on the civilian sector is examined in terms of: geographical distribution of military spending, sectoral militarization, labor market and occupational distortion, the militarization of R & D, R & D's impact on American competitiveness in the international market, the parasitic role of the military contract system and the unethical and exploitative role of military contractors. This paper exarnines the issues related to disarmament (...) and economic conversion with special reference to bills pending before the Congress. The author suggests are definition of "national security" in tune with the INF Treaty and the end of cold-war ideology. (shrink)

In this Article, I take up the thesis that international and comparative law sources are relevant to interpreting the U.S. Constitution because the Constitution itself warrants respect only insofar as it is a means for achieving minimal protections for human dignity. I argue a narrow version of this thesis: Our domestic constitutional interpretations should be checked by looking to the minimal set of rights recognized in other systems that share certain contents. And I take up the problem that (...) what may appear as shared values at one level may reflect different understandings at a deeper, more reflective level. For example, the framers of our Constitution clearly sought to advance liberty. But the liberty they sought to advance may not have been the same liberty that became of concern during the Fourteenth Amendment's period of ratification, and in the subsequent history of Supreme Court constitutional cases following its adoption. In this article I propose to consider the set of rationally based aspirations that our system of constitutional rights and many other related systems seem to presuppose as a ground for developing a growing conception of liberty and dignity that the U.S. Supreme Court should adopt. (shrink)

Carolina Sartorio has criticized the reasons-responsiveness theory of freedom for being inconsistent with the actual-sequence view motivated by the Frankfurt-style cases. Specifically, reasons-responsiveness conceived as a modal property does not pertain to the actual sequence of the agent's action and thereby it is irrelevant to the agent's freedom and moral responsibility. Call this the challenge of irrelevance. In this article, I present this challenge in a new way that overcomes certain limitations of Sartorio's argument. I argue that the root of (...) the challenge is that reasons-responsiveness as an unmanifested modal property seems to be nonexplanatory for the agent's action. I show that reasons-responsiveness theorists will confront this challenge even if they do not endorse the actual-sequence view. Finally, I deflate this challenge with David Lewis's model of causal explanation, showing that reasons-responsiveness is explanatory in virtue of providing information about the causal history of the agent's action. (shrink)

We consider the implications of trends in the number of U.S. farmers and food imports on the question of what role U.S. farmers have in an increasingly global agrifood system. Our discussion stems from the argument some scholars have made that American consumers can import their food more cheaply from other countries than it can produce it. We consider the distinction between U.S. farmers and agriculture and the effect of the U.S. food footprint on developing nations to argue there (...) might be an important role for U.S. farmers, even if it appears Americans don’t need them. For instance, we may need to protect U.S. farmland and, by implication, U.S. farmers, for future food security needs both domestic and international. We also explore the role of U.S. farmers by considering the question of whether food is a privilege or a right. Although Americans seem to accept that food is a privilege, many scholars and commentators argue that, at least on a global scale, food is a right, particularly for the world’s poor and hungry. If this is the case, then U.S. farmers might have a role in meeting the associated obligation to ensure that the poor of the world have enough food to eat. We look at the consequences of determining that food is a right versus a privilege and the implications of that decision for agricultural subsidies as well as U.S. agriculture and nutrition policies. (shrink)

Published in 1721 by the prominent Puritan clergyman Cotton Mather, The Christian Philosopher was the first comprehensive book on science to be written by an American. Building on natural theology, Mather demonstrated the harmony between religion and the new science associated with Sir Isaac Newton. His survey of all the known sciences from astronomy and physics to human anatomy presented evidence that both celestial and terrestrial phenomema imply an intelligent designer. Winton Solberg's introduction places Mather's treatise in its widest (...) historical context. In addition to tracing the origins and sources of Mather's work, Solberg analyzes the book's contents, its reception, and its significance in American intellectual and cultural history. This edition affirms Mather's importance to American thought as a deeply religious intellectual who introduced the Enlightenment to America. (shrink)

In some languages every statement must contain a specification of the type of evidence on which it is based: for example, whether the speaker saw it, or heard it, or inferred it from indirect evidence, or learnt it from someone else. This grammatical reference to information source is called 'evidentiality', and is one of the least described grammatical categories. Evidentiality systems differ in how complex they are: some distinguish just two terms (eyewitness and noneyewitness, or reported and everything else), while (...) others have six or even more terms. Evidentiality is a category in its own right, and not a subcategory of epistemic or some other modality, nor of tense-aspect. Every language has some way of referring to the source of information, but not every language has grammatical evidentiality. In English expressions such as I guess, they say, I hear that, the alleged are not obligatory and do not constitute a grammatical system. Similar expressions in other languages may provide historical sources for evidentials. True evidentials, by contrast, form a grammatical system. In the North Arawak language Tariana an expression such as "the dog bit the man" must be augmented by a grammatical suffix indicating whether the event was seen, or heard, or assumed, or reported. This book provides the first exhaustive cross-linguistic typological study of how languages deal with the marking of information source. Examples are drawn from over 500 languages from all over the world, several of them based on the author's original fieldwork. Professor Aikhenvald also considers the role evidentiality plays in human cognition, and the ways in which evidentiality influences human perception of the world.. This is an important book on an intriguing subject. It will interest anthropologists, cognitive psychologists and philosophers, as well as linguists. (shrink)

LANGUAGE NOTE | Document text in Chinese; abstract also in English. 譚傑志(Joseph Tham) 教授在其 “Bioethics: Cross-Cultural Explorations”(Tham 2022, 13) —文中回顧了生命倫理學在發展過程中的世俗化歷程、聯合國教科文組織生命倫理學和人權主席(UNESCO Chair in Bioethics and Human Rights) 專案“生命倫理學、多元文化和宗教”在過去12年中的開展情況、以及最近這些年在生命倫理學領域中涉及文化多元性較為突出的問題。譚教授為生命倫理學領域中跨文化交流做出了卓越的貢獻，特別是其擔任上述項目負責人 以來。生命倫理學領域中的很多主題，如代孕、墮胎、基因編輯等，既複雜乂敏感；可以想像，推動生命倫理學領域中跨文化交流是一件富挑戰的事情。正如譚教授所言：“……在不同宗教之間尋求共識或思想融合是一個相當宏 大，甚至有些不現實的目標。”儘管如此，譚教授依然以極大的耐心和熱情通過改進專案中的對話機制，不斷地推動跨文化交流取得實質性進展和一系列學術成果。在這個過程中，如何讓不同文化和宗教背景的學者就某個主題進 行有意義的對話成為關鍵。譚教授探索出的“主旨論文+跨文化回應”模式，即一位元學者基於自身的文化或宗教背景撰寫針對特定主題的主旨論文，由另一位不同文化背景的學者撰寫回應論文，為不同的文化和宗教搭建了對話 的橋樑。(撮要取自內文首段) I am grateful for Professor Joseph Tham's efforts to improve cross-cultural dialogue on bioethics by continually updating the dialogue mechanisms in the “Bioethics, Multiculturalism and Religion Project,” conducted by the UNESCO Chair in Bioethics and Human Rights. The dialogue helps moral strangers to discuss their local cultures and to enter and learn about other (...) cultures and religions. Through this process, moral strangers may find that they hold similar values. The dialogues have also shown us the importance of cross-culture differences. Although we can foster consensus or convergence on some issues, it should be noted that the differences in cultures and religions are not the second-best option when agreement cannot be reached. Such differences constitute the cultural diversity of the world and have their own values. Respecting these differences is just as important as seeking consensus or convergence. (shrink)

There were two ways for the solicitor general of the United States to litigate the constitutional challenge to the Patient Protection and Affordable Care Act of 2010 brought by twenty‐six states and the National Federation of Independent Business. One path, which the solicitor general pursued, was to cautiously navigate judicial precedents, claim the barest increment of new congressional authority, and give the Supreme Court as many hooks as possible on which to hang a favorable decision.The road not traveled was to (...) offer a full‐throated defense of federal authority to comprehensively regulate the U.S. health care system, a multitrillion dollar commercial and social enterprise that represents the largest component of federal expenditure after national defense. The ACA has three cornerstones. First, make health insurance coverage as widespread as possible. Second, improve the quality and efficiency of health care delivery. Third, make individuals and communities healthier. The second and third pillars are sometimes overlooked because so much attention is paid to expanding coverage, but the hallmark of the ACA is that it combines major changes to health insurance, health care delivery, and health in a single piece of federal legislation.The Obama administration's timidity echoes what is strikingly absent from the new law. Although the ACA represents the successful culmination of a decades‐long struggle to universalize coverage, its structure and text never convey the intent that all Americans have a common stake in the health care system. This lack of shared national identity is the missing fourth pillar of the ACA. (shrink)

In 2008, Susan L. Smith published “Mustard Gas and American Race-Based Human Experimentation in World War II.” Research, undertaken by the US Army, attempted to quantify the effect of mustard gas and othe chemical agents on people from different racial groups. This was based on the idea that different races would respond differently to the toxins, and in particular that this would be evident through dermal reaction. In other words, different skin color might mean different skin constitution. Some (...) of the testing seemed reasonable, since new chemicals and equipment had been developed since 1919, and the racial issue added another dimension to the research. On closer examination, the testing was primarily based on old chemical agents such as mustard gas, Lewisite and phosgene, and thus the extent of the testing seemed scientifically and medically unnecessary. The chemical agents had been developed, tested, used in battle, the wounded treated and the dead subjected to detailed pathological study. The major combatants in World War I had all committed extensive scientific resources to the study of these agents looking at both offensive and defensive aspects of their use, including toxicity testing. The U.S. Chemical Warfare Service had been formed in 1918 to specifically deal with issues such as toxicity tests, so why was the U.S. Army revisiting the subject of chemical weapons testing during World War II? (shrink)