У статті проаналізовано шляхи порівняння та реорганізації індивідуального і колективного просторів у процесі їх зіткнення і взаємного перетворення на синхронічному і діахронічному рівнях. Статичний і динамічний фокуси контролювання ситуації та особи з боку держави розглянуто через комплементарну, стратегічну та елімінуючі моделі, метою яких, відповідно, є контролювання простору і приналежності, дотримання універсалізованої норми і самопокарання через перетворення у векторі відповідальності. Cформульовано також нагальні для українського суспільства питання-виклики, що лежать на шляху до зняття суперечностей між конфліктним і нестабільним спрямуванням до відкритості та (...) збереженням ознак стагнаційного минулого. (shrink)

In complex societies, there will always be situations in which an individual's deeply held beliefs conflict with the collective norms of the society. When only one individual challenges those norms, the norms generally hold. When challenges come from many individuals, the norms themselves may change. The tolerance for different beliefs will depend upon the political structure of the society and the specific beliefs that are being challenged.The Greek tragedy Antigone is an exploration of the choices that rulers can make (...) regarding such conflicts. They can either tolerate the unpopular and subversive views of an individual or punish the individual in a way that attempts to uphold the existing rules, bolster the... (shrink)

In the sacrificial moral dilemma task, participants have to morally judge an action that saves several lives at the cost of killing one person. According to the dual process corrective model of moral judgment suggested by Greene and collaborators (2001; 2004; 2008), cognitive control is necessary to override the intuitive, deontological force of the norm against killing and endorse the utilitarian perspective. However, a conflict model has been proposed more recently to account for part of the evidence in favor (...) of dual process models in moral and social decision making. In this model, conflict, moral responses and reaction times arise from the interplay between individually variable motivational factors and objective parameters intrinsic to the choices offered. To further explore this model in the moral dilemma task, we confronted three different samples with a set of dilemmas representing an objective gradient of utilitarian pull, and collected data on moral judgment and on conflict in a 4-point scale. Collapsing all cases along the gradient, participants in each sample felt less conflicted on average when they gave extreme responses (1 or 4 in the UR scale). They felt less conflicted on average when responding to either the low- or the high-pull cases. The correlation between utilitarian responses and conflict was positive in the low-pull and negative in the high-pull cases. This pattern of data suggests that moral responses to sacrificial dilemmas are driven by decision conflict, which in turn depends on the interplay between an objective gradient of utilitarian pull and the moral motivations which regulate individual responsiveness to this gradient. (shrink)

American universities are increasingly proactive in dealing with conflict of interest problems of their faculty. Changing social norms, publicized scandals, and more have made both university administrators and faculty extra alert to the dangers of faculty infidelity to their roles as teachers and scholars. Personal interests — both financial and non-financial — appear increasingly to pressure faculty to behave inappropriately. Most faculty members resist those pressures. Yet, enough conduct that either is, or appears to be, improper has occurred to (...) prompt the adoption by universities of an ever-more complex regulatory regime. This regime no longer relies primarily upon threats of after-the-fact punishment for gross deviations from professorial norms. Instead, universities have also enacted a wide array of in-advance restrictions. These include required disclosures by faculty members of certain private interests, prohibitions of specific faculty behavior, and specified instances in which faculty members must temporarily withdraw from their professorial roles in light of their private interests. This article draws especially upon the author’s experience at the University of California to illustrate the new system of regulation. (shrink)

Conflicts over rangeland exploitation have been a serious challenge in Iran, rooted in human behavior. Accordingly, this study aimed to provide a comprehensive theoretical framework in the field of analyzing conflict behavior among rangeland exploiters. This research is a descriptive-correlational and causal-relational study conducted using a cross-sectional survey. The statistical population of the study was rangeland exploiters in one of the northwest provinces of Iran (N= 66,867) of whom 384 people were selected as a sample and stratified random sampling (...) method with proportional assignment. The research instrument was a questionnaire, the validity of which was confirmed by a panel of academic experts and the reliability of its items was verified using Cronbach’s alpha coefficient. The results showed that the variables of personal norms (PN) and the perceived behavioral control were able to predict 25.9% of the variance in terms of the conflicting behavior of rangeland exploiters; besides, ascription of responsibility, PN, perceived behavioral control, and awareness of consequences, which have been proposed as activators of PN, were able to explain a significant percentage (63.5%) of the variance in terms of PN. Furthermore, analysis of the effects of environmental and cultural values showed that conflict behaviors of exploiters were mostly affected by their underlying values. Generally, the results of this study would help in the development of more integrated and comprehensive models in the field of exploiters’ conflict behavior. Eventually, to change and improve the environmental behavior of exploiters to better management of conflict in rangelands, providing a list of considerations and competencies for agricultural extension and education, this article comes to the end. (shrink)

This book addresses the topic of the explicit and implicit commitments about persons as a kind in the literature on personal identity and draws out their political implications. I claim that the political implications of a metaphysical account can serve as a test on its veracity in cases in which the object-kind under analysis is itself constitutively normative, as the kind person might be, or in those cases in which counting as a member of the kind in question confers a (...) certain normative status upon those that do so count, which the kind person certainly satisfies. I argue that metaphysical accounts of personal identity often contain certain mistaken background assumptions concerning personhood, often due to a failure to recognize that being a person is environmentally dependent. -/- Because being a person is environmentally dependent, but this is not often noted, let alone incorporated into our theories of persons, although there are exceptions, a closer look at those theories is required if we are to have a just society. In fact, it is a bit surprising that this is the current situation, since the claim that certain members of society are oppressed due to being denied full personhood and its attendant rights has been the basis of several social movements: first-wave feminism, anti-slavery movements, and civil rights movements generally. Historically, these resistance movements aimed at claiming that, unlike how they were treated, they did in fact meet the requirements for personhood that those in more privileged sectors did and should therefore enjoy the same rights as the more privileged. -/- While I agree with the justification for these movements -- that the injustice driving them is that of the denial of the rights of persons -- I advocate for moving away from the idea that the only appropriate response is to count those who make such claims as being members that meet the dominant conception of personhood. Instead, I want to highlight the fact that if being a person is an environmentally dependent fact, theories of the nature of persons must recognize this or risk reflecting and perpetuating the current status quo. -/- For these reasons, those in need of recognition of their rights as persons should not only resist the failure of having them granted but should also question the current understanding of the concept itself, since the very notion may be riddled with normative assumptions typical only of those with certain kinds of privilege. That is, fighting for recognition as persons, without also resisting and questioning the source and objectivity of our current concept of personhood, risks failing to truly challenge the currently unfair social structure in any deep way. -/- There is a risk, however, with taking such a stance -- that it will be fallaciously inferred that there is no fair concept of persons at all to which are owed rights. But this does not follow from the stance I take. All that follows is that we must recognize our fallibility in offering metaphysical theories, particularly when the concept under investigation is normatively sensitive and environmentally dependent in the way that the kind person seems to be. -/- Theories concerning the metaphysics of persons, then, must address the fact that those with privilege not only have more power to assert their rights as persons, but they are also the source of most received views of the concept itself. It is possible, therefore, that our current metaphysical theories may be mis-describing the objective nature of personhood as a kind for politically biased reasons. -/- I argue that one of the particularly pernicious assumptions frequently made is that to be a person is to be a certain kind of psychologically integrated being. This is an ideal we seem to hold dear, since we tend to pathologize the failure to achieve it. I claim, however, that this thesis about persons as integrated is exactly the kind of idea that fails the environmental dependence test, since this state of integration is often only readily had by those who have a certain amount of control over their external environment, which many of us do not enjoy. For those who are not members of the dominant group, a strongly integrated self is sometimes simply not on the horizon, since being subject to the vicissitudes of the external environment often leads to conflict, fragmentation, or disintegration. Having inadequate power over one's own circumstances tends to produce what we might call “fractured selves,” selves that face a multitude of environmental forces, many times thrusting contradictory norms, roles, and traits, upon those subjected to them. -/- The fact that the failure to achieve integration is in fact pathologized makes the integration thesis seriously questionable, since it creates a situation in which those most in need of being conferred the normative status of being a person will fail to get such recognition, and in fact, possibly labelled as "defective" in some way or other. This is unjust for many reasons, at least one of which is that it relies on morally irrelevant facts to determine a person's normative status. -/- The previous issues raise the question of whether the aim of a giving a metaphysical account of persons ought to be understood descriptively or prescriptively, since current metaphysical accounts would fail to count many individuals as persons. However, taking metaphysical accounts as a prescriptive is highly controversial. I doubt that most of those offering explicit metaphysical theories of persons would agree that they are engaged in any kind of prescriptive project. Some psychologists and psychiatrists perhaps may take themselves to be determining whether a person is "healthy" by our current understanding of what it is to be a person, but the idea of having a healthy psychology sufficient for being a fully competent person is vastly different from having a healthy physical body, which does seem to have a more objective basis, although even this is questioned in disability studies. -/- The strong integration thesis, then, as now applied, clearly raises political issues, and has potential negative consequences for many beings that we typically do think of as persons. The integration thesis then needs to be replaced with a more adequately descriptive metaphysical theory or revised in a way so that it avoids these negative political consequences. -/- I see two paths open: (1) maintain the integration thesis as an ideal, and grant those who fail to meet it a temporary kind of normative status equal to that of being a person and push for substantive equal opportunity to achieve integration; or (2) reject the ideal altogether and offer a different account of the nature of being a person that counts so-called "fractured selves" as persons. -/- I believe that path (2) is preferable to path (1) for several reasons. First, it requires no condescension or paternalistic attitudes towards those who fail to be fully integrated; second, it expresses intellectual humility in accepting that standards that appear objective are often, in reality, biased and should not be universally applied; and third, it is more realistic in that it does not assume that there is an infinite amount of resources, and therefore harbors no illusions that equalizing power structures will allow everyone to enjoy the same amount and kind of power currently held by the dominant classes. -/- My own metaphysical account of what matters for survival to persons over time advocates for the idea that persons ought to be understood as constituted not only by internal psychological relations, but also by their relations to their surrounding environments, and this includes relations to inanimate objects. This view, I argue, can accommodate fractured selves as full persons, allowing for various psychological configurations to count as persons. It is also an improvement on views that do happen to recognize the environmental influence on persons -- social constitution views. The reason is that these views argue that persons just are what their environmental social surroundings dictate, which also has potentially negative political consequences, since it threatens to bind persons so closely to socio-cultural contexts that it closes off the possibility of resistance to them. However, because the view I endorse, makes persons environmentally dependent not only on their socio-cultural context, but on the whole of their environment, this makes persons partly independent of socio-cultural contexts, allowing them room to question them, which as noted, I believe they should be. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cause, Fault, NormJohn Z. Sadler (bio)Keywordscriminality, mental disorder, responsibilityThanks to the commentators for their fine work. In my brief comments I cannot address all that is raised, but can touch upon everyone’s discussion briefly.In her commentary, Gwen Adshead reflects on her experience as a forensic psychiatrist and therapist for violent offenders. Although Adshead discusses a number of important points, I found her insight into why some vices find their (...) way into psychiatric classification particularly compelling and thought provoking. I will here interpret these in my own terms. Dr. Adshead implies that a (perhaps) assumed folk psychology underlies our motivation to classify (as disorder) some, but not all vices. The contribution of this folk psychology does not depend on particular details, but rather, the folk psychology concerns the degree to which the vice–actor’s actions are amenable to explanation, or are transparently understandable or interpretable. We (think we) understand why prostitutes sell themselves and why tax evaders cheat; their folk psychologies are variously constituted by moralistic constructs like desperation, oppression, licentiousness, greed, opportunism, and indignation. In contrast, some offenses step outside our empathic realm: the pedophile, or the serial killer, or even the persistently acting-out child provoke onlookers to wonder, “There has to be something wrong with a person who does that!” “Loud” symptoms in themselves do not qualify; seemingly incomprehensible loud symptoms fit better into the “sick” category. Indeed, in a recent translation of Foucault’s lectures at the College de France, Foucault describes the “monster” as combining “the impossible and the forbidden.” (Foucault 1999, 56) When confronted with the impossible and forbidden, the lust for classification is irresistible.Adshead’s wonderment about the use of “really” to question the explanation of wrongful conduct (what’s “really” going on) leads naturally to Michael First’s discussion. The Diagnostic and Statistical Manual of Mental Disorders (DSM)-IV really tries to make a firm distinction between vice and mental disorder, and First describes the DSM approach.Drawing on his experience as the DSM-IV Text Editor, Dr. First provides a particularly lucid presentation of the distinction between what I call “vice” and mental disorder. He supplies vivid examples to illustrate his points. The DSM key for distinguishing disorder from vice is whether “the deviance or conflict is a symptom of a dysfunction in the individual.” As other commentators point out later, First notes that the “vice action” (a term coined by Morse in his own commentary following) may disguise a number of possible explanations: the car thief may simply be seeking thrills and profit, or may be motivated by a delusion—leading to alternative explanations for the behavior. Sometimes the explanation for vice actions are transparent—as in the red Mustang example, but other times they are not so clear. The DSM approach requires the clinician to [End Page 51] make an explanatory claim in order to distinguish the appearance of vice versus the appearance of disorder. I think everyone would agree that an explanation of the phenomenon is required in distinguishing vice from disorder, so that much can be accepted.In my view, the problems with the DSM account are three: (1) The requirement for an internal psychological dysfunction is an easy claim to make for virtually any vice condition. The prostitute’s vice may be attributable to childhood trauma, deviant social learning, pathological desire to sexually control others, and so on. The tax evader may in turn have a pathological resentment of authority combined with a desperate financial situation and a pathological denial and avoidance of paying taxes. Every misbehavior has its psychology, and if we proclaim this psychology is abnormal or deviant, then we have an “internal dysfunction.” Indeed, it is easy to proclaim a psychology as abnormal if it is less than an ideal response to circumstances, or even an adequate response to circumstances; after all, not everyone who is exposed to sexual trauma becomes a prostitute nor does every financially desperate individual cheat on taxes. The DSM’s overinclusiveness on this account defaults to an arbitrariness about what counts as a legitimate (or not) internal dysfunction. Here there will be great argument.(2) First (and later, Wells) admits there... (shrink)

Statements containing epistemic modals (e.g., “by spring 2023 most European countries may have the Covid-19 pandemic under control”) are common expressions of epistemic uncertainty. In this paper, previous published findings (Knobe & Yalcin, 2014; Khoo & Phillips, 2018) on the opposition between Contextualism and Relativism for epistemic modals are re-examined. It is found that these findings contain a substantial degree of individual variation. To investigate whether participants differ in their interpretation of epistemic modals, an experiment with multiple phases and sessions (...) is used to classify participants according to the three semantic theories of Relativism, Contextualism, and Objectivism. Through this study, some of the first empirical evidence for the kind of truth-value shifts postulated by semantic Relativism is presented. It is furthermore found that participants’ disagreement judgments match their truth evaluations and that participants are capable of distinguishing between truth and justification. In a second experimental session, it is investigated whether participants thus classified follow the norm of retraction which Relativism uses to account for argumentation with epistemic modals. Here the results are less favorable for Relativism. In a second experiment, these results are replicated and the normative beliefs of participants concerning the norm of retraction are investigated following work on measuring norms by Bicchieri (2017). Again, it is found that on average participants show no strong preferences concerning the norm of retraction for epistemic modals. Yet, it was found that participants who had committed to Objectivism and had training in logics applied the norm of retraction to might-statements. These results present a substantial challenge to the account of argumentation with epistemic modals presented in MacFarlane (2014), as discussed. Keywords: Epistemic Modals, Relativism, Norm Conflicts, Retraction, Semantics, Truth Conditions, Argumentation. (shrink)

Gadow's understanding of nursing as a relational narrative anchored in a dialectic between the fundamental subjectivity of the individual client and the objectification of his illness poses some interesting questions for nursing ethics and care. For Gadow, nursing is an encounter with the immediate vulnerability of the client and also lends it responsibilities to the medical objectification of illness aiming at disease treatment and control. Hence, nursing agency is divided between its responsibilities induced by the personal vulnerability of the patient (...) and the more impersonal, but benevolent intention shaped by medical knowledge. Medical knowledge is impersonal in the sense that it is knowledge detached from the subjectivity of the patient. But how is nursing able to reconcile the interests derived from personal and experienced vulnerability with the more impersonal and often conflicting demands of medical knowledge? This question is even more intriguing because there seems to be an objective dimension within a patient's subjectivity itself: an autonomous person can critically evaluate his own subjectivity as a basis for informed self‐interest. The sick person is thus confronted with objectivity on two important levels: the objective facts of his disease and his detachment from his own experiential vulnerability when engaged in the critical evaluation of his self‐interest. This paper will discuss the normative dimensions of these complex and, frequently, conflicting perspectives from the theoretical perspectives of Thomas Nagel's normative responsibility and Sally Gadow's clinical epistemology and relational narratives. The empirical basis for the discussion will be an ongoing study of the ethical dimensions of pain relief and sedation in an intensive care unit. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

Despite the reported limited success of conventional treatments and growing evidence of the effectiveness of adult bariatric surgery, weight loss operations for (morbidly) obese children and adolescents are still considered to be controversial by health care professionals and lay people alike. This paper describes an explorative, qualitative study involving obesity specialists, morbidly obese adolescents, and parents and identifies attitudes and normative beliefs regarding pediatric bariatric surgery. Views on the etiology of obesity—whether it should be considered primarily a medical condition or (...) more a psychosocial problem—seem to affect the specialists’ normative opinions concerning the acceptability of bariatric procedures as a treatment option, the parents’ feelings regarding both being able to influence their child’s health and their child being able to control their own condition, and the adolescents’ sense of competence and motivation for treatment. Moreover, parents and adolescents who saw obesity as something that they could influence themselves were more in favor of non-surgical treatment and vice versa. Conflicting attitudes and normative views—e.g., with regard to concepts of disease, personal influence on health, motivation, and the possibility of a careful informed consent procedure—play an important role in the acceptability of bariatric surgery for childhood obesity. (shrink)

Given the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. In this volume, top scholars from around the world contribute all new original essays on the ethics of forgiveness, revenge, and punishment. -/- This book draws on both historical and contemporary debates in order to answer important questions about the nature of forgiveness, the power of (...) apology, the relationship between punishment and revenge, the path to reconciliation, the morality of blame, and the role of forgiveness in political conflict. -/- Chapter 16 is available open access . (shrink)

This article uses Ernst Fraenkel’s dual-state framework as an analytical tool to study those conflicting imperatives and constitutional tensions with a focus on the power to detain. This article makes the argument that China has emerged as a dual state with a normal state that functions increasingly with a rule-based government in inter-personal matters and a prerogative state that solidifies control in areas that are regarded as political sensitive. Overall, while the equilibrium between the normative and prerogative states has been (...) evolving in China, it has remained stable. The Party has been able to build a relatively self-defined and self-referencing legal system to provide the certainty and order that the Chinese political economy demands while maintaining a zone of exception, expansive and continuing to evolve, for the prerogative state to safeguard authoritarian rule. (shrink)

Suppose that two competing norms, N1 and N2, can be identified such that a given person’s response can be interpreted as correct according to N1 but incorrect according to N2. Which of these two norms, if any, should one use to interpret such a response? In this paper we seek to address this fundamental problem by studying individual variation in the interpretation of conditionals by establishing individual profiles of the participants based on their case judgments and reflective attitudes. To investigate (...) the participants’ reflective attitudes we introduce a new experimental paradigm called the Scorekeeping Task. As a case study, we identify the participants who follow the Suppositional Theory of conditionals (N1) versus Inferentialism (N2) and investigate to what extent internally consistent competence models can be reconstructed for the participants on this basis. After extensive empirical investigations, an apparent reasoning error with and-to-if inferences was found in one of these two groups. The implications of this case study for debates on the proper role of normative considerations in psychology are discussed. (shrink)

The editors of the volume, Krisanna Scheiter and Paula Satne, introduce some of the central themes in the book and briefly summarise the content of the different chapters. The chapters examine the merits and pitfalls of common reactive attitudes to wrongdoing, such as anger, hatred, resentment, and forgiveness, taking into account both historical perspectives and contemporary debates. The introduction explains some of the philosophical debates about the nature and the desirability of anger, and the alleged distinction between revenge and punishment (...) (1.1). The introduction also surveys deep disagreements regarding the normativity of interpersonal forgiveness and indeed the very nature of forgiveness, blame, and resentment, which run through the different chapters of the book (1.2). The third section of the introduction (1.3) turns its attention to forgiveness, punishment, and reconciliation in the political sphere and the philosophical debates surrounding the nature and desirability of political forgiveness and its relation to the moral duty to remember after an atrocity, as well as the relationship between political reconciliation, apologies, and punishment. The volume offers cutting-edge scholarship on these issues and a new way to interpret and understand these concepts by important figures in the history of philosophy. The hope is that the different contributions in this volume will help the reader understand the philosophical issues that are at stake when we think about our responses to both interpersonal and political wrongdoing as well as the considerations that underpin conflicts and our attempts to resolve them. (shrink)

Culturally inherited institutional norms structure much of human social life. Successfully replicating institutions train their current members to behave in the generally adaptive ways that served past members. Ancestor veneration is a well-known manifestation of this phenomenon whereby deference is conferred to prestigious past members who are used as cultural models. Such norms of respect may be maintained by punishment based on evidence from theory and laboratory experiments, but there is little observational evidence to show that punishment is commonly used. (...) To test for punishment as a mechanism that maintains these norms, we examine a norm of ancestor veneration in a natural field experiment at the Memorial Student Center at Texas A&M University. The MSC is a memorial to university war dead, and the expectation is that all who enter the building remove their hats out of respect. Observations reveal that hat removal is significantly more common at the MSC than at two control locations. Survey data indicate that most, but not all, subjects understand the norm to be veneration of the dead, and most expect others to follow the norm. Many report a strong negative emotional response when asked to imagine the norm being violated. Sixty-two percent report they would definitely or probably ask the noncompliant to uncover. Focal follow data show that punishment is relatively rare, however, with the majority of behatted subjects going unreproached as they pass through the building. Both survey and observational data indicate there is a motivated minority that enthusiastically enforces the norm. (shrink)

This article focuses on the difference between the personal God image and the God image that people perceive as normative, that is to say, the God image they believe they should have according to religious culture. A sample of 544 Dutch respondents, of which 244 received psychotherapy, completed the Dutch Questionnaire of God Images . In general, there appeared to be a discrepancy between the personal and the normative God image. Whether discrepancies were experienced as conflictive was related to religious (...) denomination and mental health. Conflictive feelings were associated with lower religious saliency and higher educational level. Moreover, they were associated with mental health per se and the interaction between mental health and denomination, with patients reporting more conflicts than normals except in the Roman Catholic and Orthodox-Reformed group, where patients and non-patients hardly differed in the experience of conflict. (shrink)

Using Maya Angelou’s I Know Why the Caged Bird Sings as an example, this paper introduces Wilhlem Dilthey’s hermeneutics and pedagogical theory. Dilthey saw biographies as nothing less than “the highest and most instructive form of the understanding of life.” This, then, serves as the starting point for his hermeneutics or theory of understanding, which distinguishes humanistic understanding from scientific explanation, and sees any one moment or word as having meaning only in relation to a whole—the whole of a sentence (...) or text, or the whole of one’s life. It is also the starting point of his pedagogy, whose ultimate “duty” is “to develop the child as a person who carries their own purpose within themselves.” In introducing Dilthey’s hermeneutic pedagogy, this paper draws principally from his The Formation of the Historical World in the Human Sciences, a text that has been long neglected in hermeneutic and phenomenological studies of education. (shrink)

There is evidence to suggest that some patients who undergo Deep Brain Stimulation can experience changes to dispositional, emotional and behavioural states that play a central role in conceptions of personality, identity, autonomy, authenticity, agency and/or self. For example, some patients undergoing DBS for Parkinson’s Disease have developed hypersexuality, and some have reported increased apathy. Moreover, experimental psychiatric applications of DBS may intentionally seek to elicit changes to the patient’s dispositional, emotional and behavioural states, in so far as dysfunctions in (...) these states may undergird the targeted disorder. Such changes following DBS have been of considerable interest to ethicists, but there is a considerable degree of conflict amongst different parties to this debate about whether DBS really does change PIAAAS, and whether this matters. This paper explores these conflicting views and suggests that we may be able to mediate this conflict by attending more closely to what parties to the debate mean when they invoke the concepts lumped together under the acronym PIAAAS. Drawing on empirical work on patient attitudes, this paper outlines how these different understandings of the concepts incorporated into PIAAAS have been understood in this debate, and how they may relate to other fundamental concepts in medical ethics such as well-being and autonomy. The paper clarifies some key areas of disagreement in this context, and develops proposals for how ethicists might fruitfully contribute to future empirical assessments of apparent changes to PIAAAS following DBS treatment. (shrink)

When and why do socially constructed norms—including the laws of the land, norms of etiquette, and informal customs—generate moral obligations? I argue that the answer lies in the duty to respect others, specifically to give them what I call “agency respect.” This is the kind of respect that people are owed in light of how they exercise their agency. My central thesis is this: To the extent that (i) existing norms are underpinned by people’s commitments as agents and (ii) they (...) do not conflict with morality, they place moral demands on us on agency-respect grounds. This view of the moral force of socially constructed norms, I suggest, is superior to views that deny the moral force of such norms, and it elegantly explains certain instances of wrongdoing that would otherwise remain unaccounted for. (shrink)

Value conflicts between individualism and collectivism are common. In philosophy, such conflicts have been conceptualized as conflicts between individuality and conformity, among other things. This article develops a more detailed conceptual framework by combining philosophical analysis with empirical observations. The focus is on value conflicts pertaining to LGBT (lesbian, gay, bisexual, and transgender) factors in a non-individualist society (Georgia). Conservative or traditional norms sometimes constrain LGBT individuals by influencing them to adapt to social expectations. The phenomenon is intuitively clear and (...) has been reported on in numerous quantitative investigations. A qualitative study has been conducted on how LGBT individuals in Georgia experience the constraining influence of such norms. Deep interviews (n=8) have clarified how, more precisely, the effects of those influences should be conceptualized. The results indicate that important distinctions between different types of influences, as well as different objects of influence, have been overlooked in previous philosophical inquiries about value conflicts in this context. The conceptual framework developed throughout the article should be of use to philosophers and social scientists studying individualism and collectivism, and to policymakers working with LGBT issues. (shrink)

It is not uncommon that nurses are unable to meet the normative expectations of chronically ill patients. The purpose of this article is to describe and illustrate Walker’s expressive-collaborative view of morality to interpret the normative expectations of two women with multiple sclerosis. Both women present themselves as autonomous persons who make their own choices, but who also have to rely on others for many aspects of their lives, for example, to find a new balance between work and social contacts (...) or to find work. We show that their narratives of identity, relationship and value differ from the narratives that others use to understand and identify them. Since identities, relationships and values give rise to normative expectations, in both cases there is a conflict between what the women expect of their caregivers and vice-versa. The narratives also show that two similar persons with multiple sclerosis may need very different care. This implies that nurses caring for such persons should listen carefully to their stories and reflect on their own perceptions of self. (shrink)

What is pedagogy, exactly? Merriam-Webster defines it simply as “the art, science, or profession of teaching.” In contemporary academic discourse, however, pedagogy is generally left undefined — with its apparent implicit meanings ranging anywhere from a specific “model for teaching” (e.g., behaviorist or progressivist instruction) to a broadly political philosophy of education in general (most famously, a “pedagogy of the oppressed”). In this paper, Norm Friesen and Hanno Su follow the Continental pedagogical tradition in giving pedagogy a general but explicit (...) definition. They do so by looking at how pedagogy arises both in everyday life and in school as unavoidably ethical activity undertaken primarily for the sake of the young person or child. Such activities, the authors maintain, are structured not so much by processes, methods, and outcomes, but by irresolvable oppositions and the tensions between them. They illustrate this inductively through a series of images and examples — moving gradually from ones involving parenting and early childhood to ones from elementary and secondary schooling. In this way, Friesen and Su show that pedagogy is not so much one or more ideologically focused or evidence-based instructional or psychological approaches to be mastered by a professional or teaching specialist. It is instead an independent but ethically informed practical perspective — one that can (and has) been extended to form a distinctively pedagogical theory and discipline. As such, it is something that is not only a part of our everyday life and culture, but arguably of all human cultures. (shrink)

Book reviewed in this article: Philosophy in Medicine: Conceptual and Ethical Problems in Medicine and Psychiatry. By Charles M. Culver and Bernard Gert. Psychiatric Ethics. Edited by Sidney Block and Paul Chodoff. Man, Mind, and Morality: The Ethics of Behavior Control. By Ruth Macklin.

According to many virtue ethicists, one of Aristotle’s important achievements was drawing a clear, qualitative distinction between the character traits of temperance and self-control. In an influential series of papers, John McDowell has argued that a clear distinction between temperance and self-control can be maintained only if one claims that, for the virtuous individual, considerations in favor of actions that are contrary to virtue are “silenced.” Some virtue ethicists reject McDowell’s silencing view as offering an implausible or inappropriate picture of (...) human virtue, but they argue that virtue can still be clearly distinguished from self-control by the absence of motivational conflict alone. In this paper, I argue that this criticism of McDowell is at most half right. If the silencing view is false, so that virtue can have a cost and the virtuous person can justifiably feel negative emotions in response to that cost, there is no principled reason why the virtuous person cannot also have motivational conflict. So, if one rejects the silencing view, then one must allow that the distinction between virtue and self-control is at most a matter of degree. (shrink)

Power is now measured by economic strength. The world is becoming more integrated. Europe and the Pacific are challenging US dominance. The debt crisis is a crisis in capital and job creation. In the future, key economic issues will be job creation, increased production, grassroots development and safeguarding the poor from the debt crisis. The most viable form of employment will be in small scale enterprises. These meet the real needs of the poorest, are locally owned and controlled, produce products (...) for a local market and use locally available resources. They contribute to economic stability, are not subject to international currency fluctuations and use an environmentally sustainable technology. (shrink)

When a person finds herself in peril her right to be rescued is activated and a rescue duty is imposed on those who are in a position to help. In this article, I argue that the activation of the right to be rescued needs to be suitably constrained so that the rescuee is prevented from arbitrarily controlling the normative situation between herself and potential rescuers. Such control would be in conflict with the moral equality of persons. I argue that (...) the activation of the right to be rescued should be conditional on the person having a justification for the action that caused her peril. One implication of my view is that the right to be rescued cannot fulfill the function that Jonathan Quong ascribes to it. The right to be rescued turns out to be an unsuitable ground for the necessity condition which constrains the permissible use of defensive force. (shrink)

: A distinctive nonconsequentialist argument for criminalisation and punishment claims that the citizens of a state that did not criminalise serious mala in se perpetrated in its jurisdiction would be complicit in their commission. However, one objection to such an argument is that such citizens cannot be complicit because they play no causal role in the commission of the offence. Against this objection, I argue that causal contribution is unnecessary, and that one way in which a secondary agent can become (...) complicit in a principal’s wrongdoing is if they allow that wrongdoing to be carried out in a domain over which they have authority, and with their permission. As a result of giving permission, the agent shares in the principal’s blameworthiness. (shrink)

Recent research in moral psychology has highlighted how the current internal states of observers can influence their moral judgments of others’ actions. In this article, we argue that an important internal state that serves such a function is the sense of control one has over one’s own actions. Across four studies, we show that an individual’s own current sense of control is positively associated with the intensity of moral judgments of the actions of others. We also show that this effect (...) extends not only to judgments of rightness and wrongness (Study 1), but also to assignments of reward and punishment (Study 2). Finally, we demonstrate that this effect is based on the current experience of control by showing a moderation of the effect via motivational states (promotion; prevention) that either lead one to incorporate or disregard internal states when making judgments (Study 3) and by subtly manipulating participants’ sense of control (Study 4). (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...) argue that there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

Instructional technology, and the cognitivist and systems paradigms that underpin it, grew out of the military-industrial complex during the Cold War. Much as the Pentagon and this military complex defined the architecture of the Internet, they also essentially created, ex nihilo, the fields of instructional technology and instructional design. The results of the ongoing dominance or influence of the Pentagon in these specific disciplines have been traced in research that appeared during the final phases of the Cold War. But this (...) research has not been updated to reflect circumstances now most definitive of the post–Cold War world: the rapid development of Internet infrastructures and applications, and the aggressive expansion of US military spending and activity. Tracing the imprint left by the US military on instructional technology and design, this paper considers how this influence may now extend, like the Internet itself, into schools and the university. It will conclude by stressing that the end of the Cold War, along with more recent developments concerning the US military, presents a juncture offering both opportunity and challenge to the evolving field of educational technology or “e-learning.”. (shrink)

Book reviewed in this article: Philosophy in Medicine: Conceptual and Ethical Problems in Medicine and Psychiatry. By Charles M. Culver and Bernard Gert. Psychiatric Ethics. Edited by Sidney Block and Paul Chodoff. Man, Mind, and Morality: The Ethics of Behavior Control. By Ruth Macklin.

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive (...) disavowal but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

Collaborative consumption is proposed as a potential step beyond unsustainable linear consumption patterns toward more sustainable consumption practices. Despite mounting interest in the topic, little is known about the determinants of this consumer behavior. We use an extended theory of planned behavior to examine the relative influence of consumers’ personal norms and the theory’s basic sociopsychological variables attitudes, subjective norms, and perceived behavioral control on collaborative consumption. Moreover, we use this framework to examine consumers’ underlying value and belief structure regarding (...) collaborative consumption. We measure these aspects for 224 consumers in a survey and then assess their self-reported collaborative consumption behavior in a second survey. Our structural model fits the data well. Collaborative consumption is more strongly—through intentions—influenced by personal norms and attitudes than by subjective norms. Personal norms to consume collaboratively are determined by consumers’ altruistic, biospheric, and egoistic value orientations. Cost savings, efficient use of resources, and community with others are found to be consumers’ attitudinal beliefs underlying collaborative consumption. We conclude that collaborative consumption can be pin-pointed neither as a mere form of economic exchange nor as a primarily normative form of sharing resources. Instead, collaborative consumption is determined by economic/egoistic (e.g., cost savings) and normative (e.g., altruistic and biospheric value orientations) motives. Implications for collaborative consumption research, the theory of planned behavior, and practitioners are discussed. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...) maintain or would it rather have a humanizing effect on our practices and policies, freeing us from the negative effects of belief in free will? In this chapter we consider the practical implications of free will skepticism and argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe. We argue that prospects of finding meaning in life or of sustaining good interpersonal relationships, for example, would not be threatened. On treatment of criminals, we argue that although retributivism and severe punishment, such as the death penalty, would be ruled out, preventive detention and rehabilitation programs would still be justified. While we will touch on all these issues below, our focus will be primarily on this last issue. -/- We begin in section I by considering two different routes to free will skepticism. The first denies the causal efficacy of the types of willing required for free will and receives its contemporary impetus from pioneering work in neuroscience by Benjamin Libet, Daniel Wegner, and John-Dylan Haynes. The second, which is more common in the philosophical literature, does not deny the causal efficacy of the will but instead claims that whether this causal efficacy is deterministic or indeterministic, it does not achieve the level of control to count as free will by the standards of the historical debate. We argue that while there are compelling objections to the first route—e.g., Al Mele (2009), Eddy Nahmias (2002, 2011), and Neil Levy (2005)—the second route to free will skepticism remains intact. In section II we argue that free will skepticism allows for a workable morality, and, rather than negatively impacting our personal relationships and meaning in life, may well improve our well-being and our relationships to others since it would tend to eradicate an often destructive form of moral anger. In section III we argue that free will skepticism allows for adequate ways of responding to criminal behavior—in particular, incapacitation, rehabilitation, and alternation of relevant social conditions—and that these methods are both morally justified and sufficient for good social policy. We present and defend our own preferred model for dealing with dangerous criminals, an incapacitation account built on the right to self-protection analogous to the justification for quarantine (see Pereboom 2001, 2013, 2014a; Caruso 2016a), and we respond to recent objections to it by Michael Corrado and John Lemos. (shrink)

Technologies are significant in research not only as instruments for gathering data and analyzing information; they also provide a valuable resource for the development of theory—in terms of what has been called the “tools to theory heuristic.” Focusing on the specific example of the fields of educational psychology and instructional technology and design, this paper begins by describing how the workings of the “tools to theory heuristic” are evident in the metaphors and descriptions of behaviorism, cognitivism, and constructivism. In each (...) of these psychological paradigms, the mind is understood in terms of a contemporaneous technological innovation: as rudimentary circuitry, as computerized data processing, and finally, in terms of information representation and visualization. The paper then argues that in applied disciplines like educational technology and human–computer interaction, technology plays two important but conflicting roles. It first operates heuristically to explain complex mental phenomena; it is then designed and developed explicitly as a tool for facilitating and developing these same complex mental processes. This paper concludes by arguing that this dual role represents an ethical dilemma—a kind of epistemological and practical “conflict of interest” in instructional technology and in related fields of systems and interface design. (shrink)

Individual and institutional conflict of interests in biomedical research have becomes matters of increasing concern in recent years. In the United States, the growth in relationships — sponsored research agreements, consultancies, memberships on boards, licensing agreements, and equity ownership — between for-profit corporations and research universities and their scientists has made the problem of conflicts, particularly financial conflicts, more acute. Conflicts can interfere with or compromise important principles and obligations of researchers and their institutions, e.g., adherence to accepted research (...) norms, duty of care to patients, and open exchange of information. Disclosure is a key component of a successful conflict policy. Commitments which conflict with a faculty member's primary obligations to teaching, research, administrative responsibilities, or patient care also need attention. Institutional conflict of interests present different problems, some of which are discussed in an analysis of an actual problem posed by two proposed clinical trials. (shrink)

Recently, a number of philosophers have begun to question the commonly held view that choice or voluntary control is a precondition of moral responsibility. According to these philosophers, what really matters in determining a person’s responsibility for some thing is whether that thing can be seen as indicative or expressive of her judgments, values, or normative commitments. Such accounts might therefore be understood as updated versions of what Susan Wolf has called “real self views,” insofar as they attempt to ground (...) an agent’s responsibility for her actions and attitudes in the fact (when it is a fact) that they express who she is as a moral agent. As such, they seem to be open to some of the same objections Wolf originally raised to such accounts, and in particular to the objection that they cannot license the sorts of robust moral assessments involved in our current practices of moral responsibility. My aim in this paper is to try to respond to this challenge, by clarifying the kind of robust moral assessments I take to be licensed by (at least some) non-volitional accounts of responsibility and by explaining why these assessments do not in general require the agent to have voluntary control over everything for which she is held responsible. I also argue that the limited applicability of the distinction between “bad agents” and “blameworthy agents” on these accounts is in fact a mark in their favor. (shrink)

If the ground of punishment is a culpable wronging, what is it about a culpable wrongdoing that allows it to morally justify deserved punishment? In particular, we want to know what it is about a culpable wrongdoing that accounts for the intrinsic value of punitive desert or the punitive-desert-related duties that comprise retributivism. I analyze both together in the context of seeking a justification for The Principle of Deserved Punishment, (1). (1) The Principle of Deserved Punishment. A person deserves punishment (...) because, and only because, she has performed a culpable wrongdoing. One approach is that more general moral principles justify it. On this approach, these moral principles support the claim that deserved punishment is morally justified and the claim that it is justified on the ground of a culpable wrongdoing. In this article, I argue against this approach. Elsewhere I argue for the truth of retributivism (which focuses on deserved punishment) based on its being the best explanation of our considered moral judgments. This latter account allows punitive desert and retributivism to function as more fundamental normative entities than is suggested by theories that attempt to derive it from other moral principles. (shrink)

Elaborating first upon H. L. A. Hart's distinction between imposing duties and imposing disabilities, this article explores the two senses mentioned by Hart in which power-holders may be legally disabled. Legal invalidation of norms that have been generated by vulnerable power-holders is seen to reduce diversity or pluralism in every normative sphere, from the supranational to the intrafamilial. By contrast, mere legal nonvalidation of such norms tends to preserve the autonomy of the power-holders that created the norms, thus enhancing legal (...) pluralism. Punishment for creating forbidden norms amounts in principle to an in-between sort of control, less restrictive than completely invalidating them but more restrictive than just not validating them, that is, just ignoring them. Illustrative examples include the European Court of Justice's early use of invalidation to convert an international treaty into a supranational constitution, and the subtle effects of legal nonvalidation of same-sex marriage. (shrink)

Previous studies have confirmed that individual waste management behavior is influenced by both rational-based and altruistic-oriented beliefs and attitudes. Scholars incorporated personal norms in Ajzen’s theory of planned behavior and confirmed its usefulness in predicting waste management behavior. However, limited attention has been paid to the interactions between the variables in the model. Scholars also commented that the cognitive dimension was largely neglected in the current socio-psychological framework of waste management behavior. This study intends to address this issue by incorporating (...) environmental concern and environmental knowledge in the model and examining the psychological paths linking these variables to waste management behavior within the expanded model of planned behavior. Based on a cross-sectional survey among 434 university students in China, the results showed that subjective norms, perceived behavioral control, personal norms, and environmental knowledge were essential predictors of waste management behavior, whereas the direct effect of attitude was not statistically significant. Environmental concern and subjective norms could influence waste management behavior through personal norms. Environmental knowledge could influence waste management behavior indirectly through environmental concern, personal norms, and perceived behavioral control. Moreover, perceived behavioral control served as a mediator between the relationship of personal norms and waste management behavior. (shrink)

The Internet of Things (IoT) is an emerging global infrastructure that employs wireless sensors to collect, store, and exchange data. Increasingly, applications for marketing and advertising have been articulated as a means to enhance the consumer shopping experience, in addition to improving efficiency. However, privacy advocates have challenged the mass aggregation of personally-identifiable information in databases and geotracking, the use of location-based services to identify one’s precise location over time. This paper employs the framework of contextual integrity related to privacy (...) developed by Nissenbaum (Privacy in context: technology, policy, and the integrity of social life. Stanford University Press, Stanford, 2010) as a tool to understand citizen response to implementation IoT-related technology in the supermarket. The purpose of the study was to identify and understand specific changes in information practices brought about by the IoT that may be perceived as privacy violations. Citizens were interviewed, read a scenario of near-term IoT implementation, and were asked to reflect on changes in the key actors involved, information attributes, and principles of transmission. Areas where new practices may occur with the IoT were then highlighted as potential problems (privacy violations). Issues identified included the mining of medical data, invasive targeted advertising, and loss of autonomy through marketing profiles or personal affect monitoring. While there were numerous aspects deemed desirable by the participants, some developments appeared to tip the balance between consumer benefit and corporate gain. This surveillance power creates an imbalance between the consumer and the corporation that may also impact individual autonomy. The ethical dimensions of this problem are discussed. (shrink)

In the modern world, situations often arise in which the value-based regulation of human activity weakens and the old requirements lose their relevance. The need for analysis is associated with the “normality” of the state of anormativity as an attribute of a new social status relating to the sphere of government. The purpose of this article is to study the dynamics of the development of values and norms as a possible reason for the inefficiency of managerial decisions. The sociocultural method (...) made it possible to consider the individual, the person and society as a single integral system in which the elements are not reducible to each other, as well as to describe the conflict of values and norms as a complex of sociocultural pathologies leading to ineffective managerial decisions. Value analysis was used to reveal the content of the conflict of values and norms and their manifestations in culture and to describe the axiological mechanisms of sociocultural interactions. The hermeneutical method made it possible to identify and study the factors of conflict between values and norms and to form an idea of value consciousness. The structural-functional approach was used to identify elements of society and culture that contribute to the emergence of a conflict of values and norms. The phenomenological method was useful in the analysis of the conflict of values and norms as a pathological state (deformation) of human consciousness. Methods of comparison, analysis, deduction, induction, generalization, analogy, classification, abstraction were also used. Value-normative and institutional analysis made it possible to clarify the nature of the norm and to define a negative value convention. It was found that the change in values is carried out through value consciousness as a special phenomenological feature of a person, the main pathology of which is fragmentation, which leads to a conflict of values and norms. In particular, the idea of interaction between value-normative and institutional analysis was introduced, which made it possible to clarify the nature of the norm, define a negative value convention, and also distinguish between two ways of thinking and behavior as a prerequisite for a conflict of values and norms: based on common axiological attitudes and particular institutions. It was determined that with the help of norms, society leaves a reflection on values, and social actors are able to initiate the normization of certain actions. If these actions do not correspond to norms and values, a process of denormization takes place, as a result of which anormia arise. Norms break away from values and merge with particular institutional rules, forming an agreement on the methods of obtaining benefits – a negative value convention. The practical value of this scientific work lies in the possibility of using its materials in the process of developing decisions to reform the management decision-making system. (shrink)

Punishment of offenders is one of the most universal features of human behavior. Across time and cultures it has been common for people to punish offenders, and one can easily find examples of punishment among ancient hunter-gatherers, in holy scriptures, in popular culture, and in contemporary courts of law. Punishment is not restricted to criminal offenders, but emerges within all spheres of our social life, including corporations, public institutions, traffic, sports matches, schools, parenting, and more. Punishment strongly influences what we (...) think, how we feel, and what we do. The Moral Punishment Instinct asserts that people possess a hard-wired tendency to aggress against those who violate the norms of their group. We have evolved this instinct because of its power to control behavior by curbing selfishness and free-riding, thereby providing incentives to stimulate the mutual cooperation that ancient hunter-gatherers needed in order to survive in challenging natural environments. In this book, Jan-Willem van Prooijen methodically describes how punishment originates from moral emotions, stimulates cooperation, and shapes the social life of human beings. Guided by a host of recognizable and relatable examples, this book illuminates how the moral punishment instinct manifests itself among a variety of modern human cultures, children, tribes of hunter-gatherers, and even non-human animals-all while accounting for the role of this instinct in religion, war, racial bias, restorative justice, gossip, torture, and radical terrorism. (shrink)

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or (...) not to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accomodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greenawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike. (shrink)

Research on differences in personal control among Blacks and Whites is conflicted. The purpose of this study is to see if differences in feelings of control between Blacks and Whites can be attributed to race differences in the use of religious resources. Developing a close relationship with God serves as the focal measure of religious involvement. The data come from a nationwide survey of middle-aged and older Blacks and Whites in the United States. A second-order factor model is embedded in (...) a larger latent variable model that assesses the relationships among race, a close relationship with God, and feelings of personal control. The findings suggest that Blacks have a stronger sense of control than Whites. Moreover, a significant portion of these race differences can be attributed to the fact that Blacks are more likely than Whites to report they have a close relationship with God. (shrink)