Mental Disorders And The "System Of Judgmental Responsibility",
2010
University of Pennsylvania Carey Law School
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
All Faculty Scholarship
No abstract provided.
Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein,
2010
University of Pennsylvania Carey Law School
Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton
All Faculty Scholarship
This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law rights. …
Is The Notion Of Mathematical Object An Historical Notion?,
2010
Chapman University
Is The Notion Of Mathematical Object An Historical Notion?, Marco Panza
MPP Published Research
"Both historians and philosophers of mathematics frequently speak of mathematical objects. Are they speaking of the same or of similar things? Better: are they appealing to the same notion or to similar notions?"
The Enlightenment And The Authority Of Scripture,
2010
Olivet Nazarene University
The Enlightenment And The Authority Of Scripture, Kevin Twain Lowery
Faculty Scholarship – Theology
Provides an historical overview of the concept of the authority of Scripture, emphasizing the impact of developments since the Enlightenment. Recommends an approach to Scripture that: allows scholarship to inform us about context and the complexities of authorship, recognizes that everything is judged by reason, bases belief on truth, and integrates scripture with other sources of knowledge.
Of Ethics And Ecosystems: A Bifocal Perspective On Biodiversity Conservation,
2010
Connecticut College
Of Ethics And Ecosystems: A Bifocal Perspective On Biodiversity Conservation, Charles Van Rees
Environmental Studies Honors Papers
No abstract provided.
The Internet As A Social Contract,
2010
University of Texas at El Paso
The Internet As A Social Contract, Kenneth Wayne Sayles
Open Access Theses & Dissertations
The Internet is a complex network, with both physical and virtual aspects, and is composed of a vast community of individuals at various levels. This complexity makes exploring ethical issues on the Internet difficult because the many relationships that occur among the individual Internet entities make Internet governance difficult and varied. But the social contract theories of Thomas Hobbes, John Locke, and Jean-Jacques Rousseau can provide a practical way of understanding Internet governance by investigating these relationships that have formed among the individuals of the Internet through their interactions. Previous research investigated using social contract theory for Internet governance, but …
Causation And Circularity In Dispositionalism,
2010
University of Texas at El Paso
Causation And Circularity In Dispositionalism, Daniel Jacob Flores
Open Access Theses & Dissertations
I wish to present a narrow discussion of Bird's and Mumford's basic positions on their versions of dispositionalism. I think that they are correct to point to the threat of circularity and regress but I do not believe that they have successfully argued away the problem. I begin by offering a very brief account of dispositions and three general criticisms. The goal is to show that causation is central to a satisfactory account of dispositionalism. Next, I outline Mumford's and then Bird's general positions on dispositions. What this will show is the importance of the regress/circularity objection. Both philosophers understand …
Toward An Understanding Of Sculpture As Public Art,
2010
Marquette University
Toward An Understanding Of Sculpture As Public Art, Curtis Carter
Philosophy Faculty Research and Publications
No abstract provided.
"Philosophy On The Track Of Freedom" Or "Systematizing Systemlessness": Novalis’S Reflections On The Wissenschaftslehre, 1795–1796,
2010
Marquette University
"Philosophy On The Track Of Freedom" Or "Systematizing Systemlessness": Novalis’S Reflections On The Wissenschaftslehre, 1795–1796, Michael Vater
Philosophy Faculty Research and Publications
No abstract provided.
Hegelian Priorities In Christendom: A Reconsideration,
2010
Marquette University
Hegelian Priorities In Christendom: A Reconsideration, Howard P. Kainz
Philosophy Faculty Research and Publications
Arguments from the nineteenth century concerning whether Hegel was an atheist or a theist are still ongoing. This paper examines Hegel’s philosophical and theological milieu, his influence on the history of philosophy and on politics, his unique interpretation of the unity of theology and philosophy, and his unusually sanguine interpretation of the relationship between church and state, along with special problems he discerned in the emergence of democracies.
Toward An Understanding Of Sculpture As Public Art (Chinese Version),
2010
Marquette University
Toward An Understanding Of Sculpture As Public Art (Chinese Version), Curtis Carter
Philosophy Faculty Research and Publications
No abstract provided.
Prayer And Subjective Well-Being: An Examination Of Six Different Types Of Prayer,
2010
Eastern Illinois University
Prayer And Subjective Well-Being: An Examination Of Six Different Types Of Prayer, Bramdon L. Whittington, Steven J. Scher
Faculty Research and Creative Activity
Participants (N = 430) were recruited online and completed a measure of six prayer types (adoration, confession, thanksgiving, supplication, reception, and obligatory prayer). Measures of subjective well-being (self-esteem, optimism, meaning in life, satisfaction with life) were also administered. Three forms of prayer (adoration, thanksgiving, reception) had consistently positive relations with well-being measures, whereas the other three forms of prayer had negative or null relations with the well-being measures. The prayer types having positive effects appear to be less ego-focused, and more focused on God, whereas the negative types have an opposite nature. These results highlight the role of psychological meaning …
Prayer And Subjective Well-Being: An Examination Of Six Different Types Of Prayer,
2010
Eastern Illinois University
Prayer And Subjective Well-Being: An Examination Of Six Different Types Of Prayer, Bramdon Whittington, Steven Scher
Faculty Research and Creative Activity
Participants (N = 430) were recruited online and completed a measure of six prayer types (adoration, confession, thanksgiving, supplication, reception, and obligatory prayer). Measures of subjective well-being (self-esteem, optimism, meaning in life, satisfaction with life) were also administered. Three forms of prayer (adoration, thanksgiving, reception) had consistently positive relations with well-being measures, whereas the other three forms of prayer had negative or null relations with the well-being measures. The prayer types having positive effects appear to be less ego-focused, and more focused on God, whereas the negative types have an opposite nature. These results highlight the role of psychological meaning …
Contingent Valuation Studies And Health Policy,
2010
University of Pennsylvania Carey Law School
Contingent Valuation Studies And Health Policy, Matthew D. Adler
All Faculty Scholarship
This short comment argues that both cost-benefit analysis (CBA) and cost-effectiveness analysis (CEA) should be seen as imperfect tools for evaluating health policy. This is true, not only for extra-welfarists, but even for welfarists, since both CBA and CEA can deviate from the use of social welfare functions (SWF). A simple model is provided to illustrate the divergence between CBA, CEA, and the SWF approach. With this insight in mind, the comment considers the appropriate role of contingent-valuation studies. For full text, please see: http://www.law.upenn.edu/cf/faculty/madler/workingpapers/578A59B6d01.pdf.
Citizenship, In The Immigration Context,
2010
University of Pennsylvania Carey Law School
Citizenship, In The Immigration Context, Matthew J. Lister
All Faculty Scholarship
Many international law scholars have begun to argue that the modern world is experiencing a “decline of citizenship,” and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a “civic” notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a just citizenship policy requires some form of both the jus soli (citizenship based on location of birth) and the …
A Planet By Any Other Name . . .,
2010
University of Pennsylvania Carey Law School
A Planet By Any Other Name . . ., Kimberly Kessler Ferzan
All Faculty Scholarship
Scientific discoveries about Pluto and the rest of the universe led scientists to question Pluto’s status and ultimately to strip Pluto of its standing among planets. Neil deGrasse Tyson’s The Pluto Files masterfully weaves together the empirical, conceptual, and cultural questions surrounding Pluto’s demotion. The problem, for scientists and spectators alike, was this: there was no scientific definition of planet. This review systematizes the Pluto puzzle presented in the book and reveals its relevance for law. The questions presented by The Pluto Files – how man relates to the world, how man understands its conceptual categories, and how man …
Human Rights Without Foundations,
2010
Columbia Law School
Human Rights Without Foundations, Joseph Raz
Faculty Scholarship
This is a good time for human rights. Not that they are respected more than in the past. The flagrant resort to kidnapping, arbitrary arrests, and torture by the United States of America (USA), and the unprecedented restriction of individual freedom in the USA, and in Great Britain (GB), cast doubt about that. It is a good time for human rights in that claims about such rights are used more widely in the conduct of world affairs than before. There are declarations of and treaties about human rights, international courts and tribunals with jurisdiction over various human right violations. They …
Being In The World,
2010
Columbia Law School
Being In The World, Joseph Raz
Faculty Scholarship
Actions for which we are responsible constitute our engagement with the world as rational agents. What is the relationship between such actions and our capacities for rational agency? I take this to be a question about responsibility in a particular use of that term, which I shall call ‘responsibility’. We are not responsible for all our intentional actions (actions under hypnosis, for example), but we can nevertheless be responsible for actions we do not adequately control, for negligent actions, and for non‐intentional omissions. Appreciating this helps show that familiar principles of responsibility are false: those which delimit responsibility to intentional …
The Impact Of Perceived Importance Of An Ethical Situation (Pie) On Ethical Judgment And Intention: Beyond Moral Intensity,
2010
University of Northern Iowa
The Impact Of Perceived Importance Of An Ethical Situation (Pie) On Ethical Judgment And Intention: Beyond Moral Intensity, Monica Marie Johnston
Honors Program Theses
The importance of ethics to the accounting profession is well established (Turpen and Witmer, 1997; Abdolmohammadi, Read, and Scarbrough, 2003; Guffey and McCartney, 2008). In accounting, a commitment to ethical behavior is regarded as the basis for all other performance standards, (Turpen et al., 1997), and historically most agree that accountants practice honest principles (Leitsch, 2006). However, business headlines such as those related to the collapse of Enron and its auditor, Arthur Andersen, raise concerns about ethical actions of accountants (Abdolmohammadi et al., 2003). Additionally, accountants and auditors have more recently come under fire due to issues related to the …
Susan Wolf On The Meaning Of Life: A Review,
2010
Columbia Law School
Susan Wolf On The Meaning Of Life: A Review, Joseph Raz
Faculty Scholarship
The book comprises the two Tanner Lectures given by Susan Wolf at Princeton in 2007; helpful comments by John Koethe, Robert M. Adams, Nomy Arpaly, and Jonathan Haidt;Wolf ’s replies; and a brief introduction by Stephen Macedo. Wolf writes elegantly and thoughtfully, and the book, which seems to preserve in length and style its origins as two lectures, is full of sensible, suggestive ideas. The Tanner Lectures are meant to reach a nonspecialist audience, and some specialist readers may wish to have more on less, a desire likely to affect especially those who, like myself, share Wolf ’s basic approach …
