Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...) world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (shrink)

When covering traumatic events, novice journalists frequently face situations they are rarely prepared to resolve. This paper highlights ethical dilemmas faced by journalists who participated in a focus group exploring the news media's trauma coverage. Major themes included professional obligations versus ethical responsibilities, journalists' perceived status and roles, permissible harms, and inexperience. Instructional classroom simulations based on experiential learning theory can bridge the gap between the theory of ethical trauma reporting and realities journalists face when covering events that are often (...) chaotic and unpredictable by their very nature. A simulation outline that can be used by journalism instructors is provided. (shrink)

A decade or so ago, graphic depictions of female circumcision came to define the heart of a campaign presumably aimed at sensitizing the world about the tragic consequences of the practice. At the height of the campaign, it was easy to assume that the prospect for meaningful change was dim. Evolving knowledge about the practice illuminates the bottom-line of issues and demonstrates the centrality of empowerment as an elimination strategy. Interrogating an acclaimed initiative that has successfully helped bring about the (...) abandonment of female circumccision in several places, this article analyzes the definitive role of attending to the full belly for anti-circumcision purposes. (shrink)

Frege’s Grundgesetze der Arithmetik is formally inconsistent. This system is, except for minor differences, second-order logic together with an abstraction operator governed by Frege’s Axiom V. A few years ago, Richard Heck showed that the ramified predicative second-order fragment of the Grundgesetze is consistent. In this paper, we show that the above fragment augmented with the axiom of reducibility for concepts true of only finitely many individuals is still consistent, and that elementary Peano arithmetic (and more) is interpretable in this (...) extended system. (shrink)

An ethic for wrongdoers -- Repaying moral debts : self-punishment and restitution -- Changing one's heart, changing the past : repentance and moral transformation -- Reforming relationships : the reconciliation theory of atonement -- Forgiveness, self-forgiveness, and redemption -- Making amends for crime : an evaluation of restorative justice -- Collective atonement : making amends to the Magdalen penitents.

The literature in ethics is filled with theories of what makes an action wrong, what makes an actor responsible and blamable for his wrongful actions and what we are justified in doing to wrongdoers (e.g., may we punish them? must we forgive them?). However, there is relatively little discussion of what wrongdoers themselves must do in the aftermath of their wrongful acts. This essay attempts to remedy that problem by critically evaluating some competing accounts of the moral obligations of wrongdoers. (...) It argues for a conception of atonement that highlights the value of reconciliation, as opposed to repentance or self-punishment. (shrink)

The clinical literature on moral injury sometimes mentions the making of amends as part of a possible treatment plan. However, it is typically unclear how clinicians are conceiving of the making of amends or “atonement,” particularly in the context of the debilitating cluster of symptoms known as moral injury. This chapter reviews some culturally prominent conceptions of atonement. It then raises a number of objections to these and recommends an alternative model – a “reconciliation theory” of atonement – (...) that can avoid these objections. This theory conceives of wrongdoing as damaging relationships among victims, wrongdoers, and communities, and of atonement as repairing this damage. Atonement for serious wrongdoing isn't easy, but it isn't impossible either. Atonement comes in degrees. When pursued well, it offers benefits to victims and communities as well as to wrongdoers themselves. (shrink)

In Science as Social Knowledge in 1990 and The Fate of Knowledge in 2002, Helen Longino develops an epistemological theory known as Critical Contextual Empiricism (CCE). Knowledge production, she argues, is an active, value-laden practice, evidence is context dependent and relies on background assumptions, and science is a social inquiry that, under certain conditions, produces social knowledge with contextual objectivity. While Longino’s work has been generally well-received, there have been a number of criticisms of CCE raised in the philosophical literature (...) in recent years. In this paper I outline the key elements of Longino’s theory and propose modifications to the four norms offered by the account. The version of CCE I defend, which draws on lessons learned by medical researchers in recent years, gives principles of epistemic diversity a central role and also provides greater specification of three of the four norms. Further, it offers additional resources for defending CCE against Alvin Goldman’s suggestion that there is a need for a “healthy dogmatism” in science, as well as a concern about “manufactured uncertainty” arising out of recent work by David Michaels. Finally, the modified version proposed here is also well positioned to respond (negatively) to a suggestion from Kristen Intemann that CCE needs to be adapted to incorporate a central insight from feminist standpoint theory. In light of the variety of social pressures influencing contemporary scientific research, and the role of science in shaping public policy, I argue that a rigorous social epistemology such as CCE is indispensable for understanding and assessing contemporary scientific practice. (shrink)

Amending and Defending Critical Contextual Empiricism: Lessons from Medical Research In Science as Social Knowledge (1990) and The Fate of Knowledge (2002), Helen Longino develops a social epistemological theory known as Critical Contextual Empiricism (CCE). While Longino’s work has been generally well-received, there have been a number of criticisms of CCE raised in the philosophical literature in recent years. In this paper I outline the key elements of Longino’s theory and propose several modifications to the four norms offered by the (...) account. The revisions I propose are shaped by a number of developments in the medical context in recent years. The modified norms, which determined whether a particular community produces objective knowledge, are thus: 1. Avenues for Criticism – there must be recognized avenues for criticism, and these avenues must be publicly accessible and require transparent disclosure of all relevant information (including competing interests) from those who present their ideas. It must also be a community requirement that all members present their ideas for critical scrutiny if they wish them to be recognized as knowledge. 2. Responsiveness to Criticism – the community must be responsive to criticism. 3. Shared Public Standards – there must be some shared standards that determine community membership. Outsiders to a particular community are welcome to engage in critical debates as long as they share at least one of the community standards with the target community. 4. Cultivation of Diverse Perspectives – communities must cultivate diverse perspectives, that is, the perspectives of those who express strong dissent. The version of CCE I defend gives the principle of diversity a more central role than the original and provides greater specification of two of the other norms in light of challenges faced by medical researchers in recent years. The medical context provides us with a number of cautionary tales in which knowledge production that appears to meet the original four norms has been seriously compromised by particular social interests. The proposed modifications attempt to address these ‘loopholes’ in a way that is not ad hoc. I argue that the modifications I suggest are in line with the underlying assumptions and goals of CCE. The modified version of CCE also offers resources for defending CCE against the criticisms leveled against it by Miriam Solomon & Alan Richardson, Alvin Goldman and Philip Kitcher as well as one general concern arising out of a recent work by David Michaels. I provide responses to these criticisms in the final section of the paper. Throughout the paper I connect the theoretical work done in social epistemology to the real practice of knowledge-production as is occurs in the medical context. In light of the variety of social pressures influencing contemporary scientific research, and the role of science in shaping public policy, I argue that a rigorous social epistemology such as CCE is indispensable for understanding and assessing contemporary scientific practice. (shrink)

The recently passed Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022 (Cth) introduced important changes to the Australian Privacy Act 1988 (Cth) which increase penalties for serious and repeated interferences with privacy and strengthen the investigative and enforcement powers of the Information Commissioner. The amendments were made subsequent to a number of high profile data breaches and represent the first set of changes to the Privacy Act following the review of the Act commenced by the Attorney-General in October 2020. (...) The submissions made to the review emphasized the need for more effective enforcement mechanisms to increase individuals’ control over their personal information and as a form of deterrence. This article reviews the recent amendments to the Privacy Act and explains their effect. It comments upon the relevance of the amendments for health and medical data and other data collected in the context of healthcare, and refers to the Attorney-General’s Department’s review of the Privacy Act regarding other proposals relating to enforcement which have not as yet been put into effect in legislation. (shrink)

I begin by evaluating four theories: mereological essentialism, the occasional identity thesis, four-dimensionalism and the constitution view. I compare the solutions these theories offer to puzzles of material constitution with particular attention being paid to their treatment of Leibniz’s Law, the ontological status of objects and the distinction between objects and their matter. If a lump of clay constitutes a statue, the lump of clay and the statue are metaphysically distinct such that they are distinct kinds, but numerically one thing—the (...) statue as constituted by the lump of clay. I defend this view against criticism that it collapses into identity or substance dualism, exploding reality with unnecessary objects. I amend constitution to better account for cases of composite objects and to better solve puzzle cases involving change in parts over time. Finally, I go on to apply constitution to an unorthodox puzzle for theories of objects—the problem of the individuation of events. Events are things that happen. If we grant that events are in the same or similar ontological category to objects, there is a strong analogy between the problem of material constitution and the problem of events. In signing the US Constitution you may also do your bit to ratify it. However, the signing and the ratifying have different properties. I suggest that the signing and the ratifying are distinct in kind, but are not two separate events. I develop a constitution relation—a contingent, irreflexive, asymmetric and transitive relation—for events. This relation has the potential to be applied to the mind-body problem. (shrink)

1. Rescher 1964 — henceforth HR — proposes a way of reasoning from a set of hypotheses which may include both some of our beliefs and also hypotheses contradicting those beliefs. The aim of this paper is to point out what I take to be a fault in Rescher’s proposal, and to suggest a modification of it, using a nonclassical logic, which avoids that fault. The paper neither attacks nor defends the broader aspects of Rescher’s proposal, but merely assumes that (...) it is at least prima facie worthwhile and therefore worthy of amendment; consequently, I shall try to tinker as little as possible. In particular, the use of a nonclassical logic which I propose does not replace any use by HR of classical logic — in those places where Rescher is classical, I shall be classical, too. (Instead, the amendment introduces a nonclassical logic at a point where HR uses no logic at all.). (shrink)

Conflict is an integral, and potentially disruptive, element in the lives of humans and other group-living animals. But conflicts are often settled, sometimes within minutes after the altercation has ended. The goal of this paper is to understand why primates, including humans, make amends. Primatologists have gathered an impressive body of evidence which demonstrates that monkeys and apes use a variety of behavioral mechanisms to resolve conflicts. Peaceful post-conflict interactions in nonhuman primates, sometimes labeled "reconciliation," have clear and immediate (...) effects upon former adversaries, relieving uncertainty about whether aggression will continue, reducing stress, increasing tolerance, and reducing anxiety about whether aggressors will resume aggression toward former victims. However, the long-term effects of these interactions are less clearly established, leaving room to debate the adaptive function of conflict resolution strategies among primates. It is possible that reconciliatory behavior enhances the quality of valued, long-term social relationships or that reconciliatory interactions are signals that the conflict has ended and the actor’s intentions are now benign. Both of these hypotheses may help us to understand how and why monkeys, apes, and humans make amends. (shrink)

If the fundamental law, or constitution, of a nation cannot be changed by legal means, then it cannot adapt to changing circumstances; as the disparity with circumstances widens, the risk of revolution increases. But if it can be changed too easily, then the fundamental principles and institutions it establishes are at risk of being swept away by a majority momentarily enraptured with a new idea. An amendment clause permits fundamental change, courting the latter risk, but it makes that change difficult, (...) courting the former. It aspires to capture the inconsistent virtues of stability and flexibility, protecting what the enacting generation thinks wise, but permitting future generations to think otherwise. (shrink)

This article assesses the origins and spread of the Second Amendment sanctuary movement in which localities pass ordinances or resolutions that declare their jurisdiction's view that proposed or enacted state gun safety laws are unconstitutional and therefore, local officials will not implement or enforce them. While it is important to assess Second Amendment sanctuaries from a legal perspective, it is equally as important to understand them in the context of a broader protest movement against any efforts to strengthen gun laws. (...) As the gun violence prevention movement has gained strength across the United States, particularly at the state level, gun rights enthusiasts have turned to Second Amendment sanctuaries in order to create a counter narrative to the increasing political power of gun safety. By passing these ordinances or resolutions, local officials legitimize and fuel Second Amendment absolutism which poses real risks to public safety and democracy. (shrink)

In the renewed Russian Fundamental Law, in addition to a number of provisions introducing changes to the political system, there are also statements of programmatic importance, as well as several provisions with symbolic and identity function. In this article these provisions are subject to functional and semiotic-cultural analysis. Particular emphasis has been placed on legally irrelevant content transmitted by the new regulations, on their semantic connections with the content of the preamble and on their cultural context. The research procedure carried (...) out allows us to state that, compared with the 1993 text, the Russian Constitution in its current version participates to a much greater extent in the complex system of transmission of symbolic content, as well as the narratives that contribute to social memory, cultural and historical identity. In doing so, it goes beyond its genre limitations, opening the basic text to the functions assigned to the preamble. In the fragments I have analysed in the paper there are undoubtedly functional and genre disturbances, and with them changes the mode of semiosis of the legal text, both in its normative and programmatic form. Renewed Constitution is the case in which a legal text, by its very nature designing the possible future world, does so through ideas about the past. (shrink)

Guilt- and shame-prone responding were examined in a sample of 146, 18-month-old toddlers and their older siblings (M = 49.5 months, SD = 10.4) during mishap tasks which were used to differentiate both toddlers and their older siblings into Amenders (low avoidance) and Avoiders (high avoidance). Toddlers and older siblings classified as Amenders expressed more concern and were less distressed by the mishap than Avoiders. Children were divided into four groups: Amender-Amender (older sibling-toddler), Amender-Avoider, Avoider-Avoider, and Avoider-Amender to examine differences (...) in sibling interaction and moral development. Older siblings in the Avoider-Avoider group were significantly more aggressive and less empathic toward toddlers than older siblings in the Avoider-Amender group. Toddlers in the Amender-Amender, Amender-Avoider, and Avoider-Amender groups showed significant gains in moral regulation from 18 to 24 months whereas toddlers in the Avoider-Avoider group did not. In contrast, while older siblings were generally high on moral regulation when toddlers were 18 months, this was not the case for older siblings in the Avoider-Avoider group, who had lower moral regulation scores that significantly increased over time. Findings are discussed with respect to the significance of sibling socialisation for toddlers’ developing moral sensibility. (shrink)

In this paper, I shall discuss some claims about selves McTaggart makes in The Nature of Existence.

ABSTRACTNovelty held a special attraction for book buyers in the sixteenth and seventeenth centuries, but new texts carried more risk for the publisher than titles already proven to be good sellers. Canny bookseller-publishers therefore adopted a publishing strategy that would benefit from the commercial safety of proven sellers while simultaneously exploiting the cachet of the ‘new’. They could maximise the sales potential of a book by reprinting an already market-tested text but repackaging it with new and improved ingredients, often provided (...) by the text's original author. Such enlargements were never left unpublicised on the title page which, as the primary means of marketing texts in the early modern book trade, had to function both as a dust-jacket-style advertisement intended for bookstall browsers, and as a discrete advertisement posted remote from the physical volume. Given the safe bet of reprints and the marketability of new material, the promotional nature of title pages therefore necessitated revised, augmented, or otherwise enlarged editions to be produced by the author and bookseller to attract attention and sales. (shrink)

This essay asks whether restorative justice practices in criminal legal systems are consistent with the aims of a liberal state.

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to be blameworthy is (...) to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (shrink)

A commentary that points out the way in which proposed Human Life Amendments might not prove a bulwark against all abortion. Any such Constitutional amendment would, however, have unintended effects, such as opening the way for embryos to be counted in the federal census, among other things.

Three different types of low cost soil amendments, namely, EDTA, elemental S and N-fertilizer, were investigated with Vetiver grass, Vetiveria zizanioides (Linn.) Nash growing under highly mixed Cd–Pb contamination conditions. A significant increase (p < 0.05) in Cd and Pb accumulation were recorded in the shoots of all EDTA and N-fertilizer assisted treatments. The accumulation of Cd in 25 mmol EDTA/kg soil and 300 mmol N/kg soil showed relatively higher translocation factor (1.72 and 2.15) and percentage metal efficacy (63.25 % (...) and 68.22 %), respectively, compared to other treatments. However, it was observed that the increased application of elemental S may inhibit the availability of Pb translocation from soil-to-root and root-to-shoot. The study suggests that viable application of 25 mmol EDTA/kg, 300 mmol N/kg and 20 mmol S/kg soil have the potential to be used for soil amendment with Vetiver grass growing under contaminated mixed Cd–Pb soil conditions. (shrink)

This commentary proceeds as follows. First, it is argued from both ethical and legal perspectives through an analysis of Court precedents that Etzioni’s has improperly developed a too narrow First Amendment interpretation and conclusion that Apple should comply with the FBI’s demand to provide the FBI with a key to open iPhones. That is, broad First Amendment considerations and not solely narrow First Amendment “compelled speech” or only Fourth Amendment privacy issues are offered and analyzed from both ethical and legal (...) perspectives. A key point here is that broad First Amendment considerations protect, with exceptions, political and ethical discretion space for “Press” organizations to exercise, or not, ethical responsibilities, including rights to publish or not publish information and opinions, rather than compliance with government orders to publish or not publish. Further, Court cases are discussed from both legal and ethical perspectives where the Courts have established that social media organizations such as Facebook and Twitter do and should have broad First Amendment protection of free expression and peaceful assembly as traditional media such as newspapers have. It is suggested that Apple can and should be considered a social media organization. In addition, special First Amendment protection and limitations concerning national security are analyzed. Second, it is suggested that Etzioni’s point that Apple protected its clients soley for “business profitability” reasons is also a too narrow interpretation since there are more complex, mixed, and combined ethical and political-economic reasons for protecting clients and First Amendment protections. Third, the philosopher Paul Ricoeur’s ethics process responsibility framework concerning relationships between ethics and law and the need for an ethics responsibility rather than a compliance approach, which is similar to Brandeis’ legal ethics approach, is compared with and offered as an alternative to Etzioni’s compliance based “Liberal communitarian” approach. It is suggested that the difference between the Rocoeur and Etzioni approaches is similar to the difference between compliance and ethics responsibility process programs in organizations. (shrink)

The non-financial effects (NFE) antitakeover amendment addresses the duties of company directors and management when faced with a possible takeover bid. The NFE amendment either permits or requires managers to consider the interests of the company's stakeholders during takeover bids. Other types of antitakeover devices have been viewed as protecting either stockholder or management interests. The NFE amendment would appear to protect a broad spectrum of interests including those of company employees, creditors, and the community in which the company operates. (...) Positive market returns to the adoption of NFE amendments provide some evidence that investors approve. The percent of both management and institutional ownership are positively related to the market reaction to the NFE amendment adoption. To the extent that institutional ownership proxies for the broad spectrum of stakeholder interest, NFE devices, unlike some other amendments that have been studied, appear to be in the interests of more than a single interest group. (shrink)

The non-financial effects (NFE) antitakeover amendment addresses the duties of company directors and management when faced with a possible takeover bid. The NFE amendment either permits or requires managers to consider the interests of the company's stakeholders during takeover bids. Other types of antitakeover devices have been viewed as protecting either stockholder or management interests. The NFE amendment would appear to protect a broad spectrum of interests including those of company employees, creditors, and the community in which the company operates. (...) Positive market returns to the adoption of NFE amendments provide some evidence that investors approve. The percent of both management and institutional ownership are positively related to the market reaction to the NFE amendment adoption. To the extent that institutional ownership proxies for the broad spectrum of stakeholder interest, NFE devices, unlike some other amendments that have been studied, appear to be in the interests of more than a single interest group. (shrink)

Courts are divided as to whether abortion informed consent mandates violate the First Amendment. This article argues that given the doctor's and patient's unique expertise, the patient's strong interests in autonomous decision making, and the fact that these laws regulate speech, rather than conduct, heighted or strict scrutiny should apply to such mandates.

The Eighth Amendment to the United States Constitution provides that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” Although treasured as a statement of fundamental rights, the Amendment’s terms and relations are not uniformly read. This is amply illustrated by the various positions on the Amendment’s correct meaning expressed in the various majority, plurality, and dissenting opinions issued by the United States Supreme Court. This is not to suggest that a more or (...) less uniform interpretation fails to obtain with all of the phrases of the Amendment. The clauses covering excessive bail and excessive fines do enjoy some level of agreed meaning among the Court’s members. This, however, does not pertain to the Cruel and Unusual Clause. An apparent majority of the Court holds that the extent of application of an otherwise acceptable punitive sanction may nevertheless constitute cruel and unusual punishment. A minority of the Court denies this. This essay will critically examine the two major positions concerning the questioned Clause. Additionally, it will offer an argument which especially favors one of the noted positions. (shrink)

Two years ago the Constitutional Court invalidated provisions in the Sexual Offences Act which outlawed sexual conduct between adolescents. Parliament was ordered to fix the relevant provisions and to decriminalise consensual sexual activity between adolescents. In July 2015 the Amendment Act came into operation with the aim of revising the current Sexual Offences Act in line with the Constitutional Court judgment. This article evaluates some of the changes contained in the Amendment Act to determine its alignment with the ruling of (...) the Constitutional Court. It also considers how the changes will impact the reporting obligations of health providers. (shrink)

In this article I investigate the implications of antirealism, as characterized by Richard Rorty, for First Amendment jurisprudence under the United States Constitution. It is hoped that the implications, while played out in the context of a specific tradition, will have more universal application. In Section 1, Rorty’s ‘pragmatic antirealism’ is briefly outlined. In Section 2, some effects of the elimination of the concept of truth for First Amendment jurisprudence are investigated. Section 3 argues for the conclusion that given the (...) antirealist stance, the Supreme Court’s usage of the true/ false fact distinction is actually an uncritical allowance of viewpoint-based discrimination into speech protection that has potentially far-reaching and restrictive results for important speech. Finally, in Section 4 Rorty’s antirealism is combined with various traditional models of First Amendment analysis to see how it would function. The conclusions aimed at are twofold. First, that Rortian antirealism is compatible with the traditional models underlying First Amendment theory. Second, that a realization that truth is the result of, in Rorty’s words, ‘intra-mundane’ discourse leads to an argument for different and potentially stronger and more farreaching protections to speech. (shrink)

On 30 June 2021, Ohio state Governor, Mike DeWine, signed a Bill which would enact the state's budget for the next two years. In addition to its core funding imperatives, the Bill also contained an amendment significantly expanding entitlements of health care providers to conscientiously object to professional duties to provide controversial health care services. This amendment has been heavily criticised as providing the means to allow health care providers to discriminate against a wide range of persons by denying them (...) access to often contested services such as abortion and contraception. In this paper, we examine the implications of this amendment and situate it in relation to other legislative actions intended to guarantee absolute rights to conscientious objection. In doing so, we argue that the entitlements extended to health care providers by these Bills are overly broad and ignore their potential to allow significant harm to be caused to clients. We then argue that if health care providers should have rights to conscientiously object, then any legislation intended to protect such rights should be limited, specific, and parsimonious. Where it is not, the ideological liberty of HCPs treads dangerously on the physical freedom of their clients. (shrink)