The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

INTRODUCTION The appeal to teleological principles of explanation within the body of natural science has had an unfortunate history. ...

This essay contains a partial exploration of some key concepts associated with the epistemology of realist philosophies of science. It shows that neither reference nor approximate truth will do the explanatory jobs that realists expect of them. Equally, several widely-held realist theses about the nature of inter-theoretic relations and scientific progress are scrutinized and found wanting. Finally, it is argued that the history of science, far from confirming scientific realism, decisively confutes several extant versions of avowedly 'naturalistic' forms of scientific (...) realism. (shrink)

This expanded second edition carries forward the initial insights into the biological and existential significances of animation by taking contemporary research findings in cognitive science and philosophy and in neuroscience into critical and constructive account. It first takes affectivity as its focal point, elucidating it within both an enactive and qualitative affective-kinetic dynamic. It follows through with a thoroughgoing interdisciplinary inquiry into movement from three perspectives: mind, brain, and the conceptually reciprocal realities of receptivity and responsivity as set forth in (...) phenomenology and evolutionary biology, respectively. It ends with a substantive afterword on kinesthesia, pointing up the incontrovertible significance of the faculty to cognition and affectivity. Series A. (shrink)

Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Unethical conduct has reached crisis proportions in business :A1–A10, 2011) and on today’s college campuses :58–65, 2007). Despite the evidence that suggests that more than half of business students admit to dishonest practices, only about 5 % of business school deans surveyed believe that dishonesty is a problem at their schools :299–308, 2010). In addition, the AACSB which establishes standards for accredited business schools has resisted the urging of deans and business experts to require business schools to teach an ethics (...) class, and fewer than one-third of businesses schools now teach a business ethics course at the graduate or undergraduate levels. In this paper we briefly introduce the status of business ethics education and report the results of a survey of business students, deans of the top business schools, and business ethics subject matter experts about ten ethical outcomes. We then offer five specific recommendations to encourage business ethics faculty and decision makers to improve the teaching of business ethics. (shrink)

By the mid-1930s, Emil Cioran was already known as a leader of a new generation of politically committed Romanian intellectuals. Researching another, more radical book, Cioran was spending hours in a library poring over the lives of saints. As a modern hagiographer, Cioran "dreamt" himself "the chronicler of these saints' falls between heaven and earth, the intimate knower of the ardors in their hearts, the historian of God's insomniacs." Inspired by Nietzsche's _Beyond Good and Evil_, Cioran "searched for the origin (...) of tears." He asked himself if saints could be "the sources of tears' better light." "Who can tell?" he wrote in the first paragraph of this book, first published in Romania in 1937. "To be sure, tears are their trace. Tears did not enter the world through the saints; but without them we would never have known that we cry because we long for a lost paradise." By following in their traces, "wetting the soles of one's feet in their tears," Cioran hoped to understand how a human being can renounce being human. Written in Cioran's characteristic aphoristic style, this flamboyant, bold, and provocative book is one of his most important—and revelatory—works. Cioran focuses not on martyrs or heroes but on the mystics—primarily female—famous for their keening spirituality and intimate knowledge of God. Their Christianity was anti-theological, anti-institutional, and based solely on intuition and sentiment. Many, such as Catherine of Siena, Teresa of Avila, and Saint John of the Cross, have produced classic works of mystical literature; but Cioran celebrates many more minor and unusual figures as well. Following Nietzsche, he focuses explicitly on the political element hidden in saints' lives. In his hands, however, their charitable deeds are much less interesting than their thirst for pain and their equally powerful capacity to endure it. Behind their suffering and their uncanny ability to renounce everything through ascetic practices, Cioran detects a fanatical will to power. "Like Nietzsche, Cioran is an important religious thinker. His book intertwines God and music with passion and tears.... [_Tears and Saints_] has a chillingly contemporary ring that makes this translation important here and now."—_Booklist_. (shrink)

By the mid-1930s, Emil Cioran was already known as a leader of a new generation of politically committed Romanian intellectuals. Researching another, more radical book, Cioran was spending hours in a library poring over the lives of saints. As a modern hagiographer, Cioran "dreamt" himself "the chronicler of these saints' falls between heaven and earth, the intimate knower of the ardors in their hearts, the historian of God's insomniacs." Inspired by Nietzsche's _Beyond Good and Evil_, Cioran "searched for the origin (...) of tears." He asked himself if saints could be "the sources of tears' better light." "Who can tell?" he wrote in the first paragraph of this book, first published in Romania in 1937. "To be sure, tears are their trace. Tears did not enter the world through the saints; but without them we would never have known that we cry because we long for a lost paradise." By following in their traces, "wetting the soles of one's feet in their tears," Cioran hoped to understand how a human being can renounce being human. Written in Cioran's characteristic aphoristic style, this flamboyant, bold, and provocative book is one of his most important—and revelatory—works. Cioran focuses not on martyrs or heroes but on the mystics—primarily female—famous for their keening spirituality and intimate knowledge of God. Their Christianity was anti-theological, anti-institutional, and based solely on intuition and sentiment. Many, such as Catherine of Siena, Teresa of Avila, and Saint John of the Cross, have produced classic works of mystical literature; but Cioran celebrates many more minor and unusual figures as well. Following Nietzsche, he focuses explicitly on the political element hidden in saints' lives. In his hands, however, their charitable deeds are much less interesting than their thirst for pain and their equally powerful capacity to endure it. Behind their suffering and their uncanny ability to renounce everything through ascetic practices, Cioran detects a fanatical will to power. "Like Nietzsche, Cioran is an important religious thinker. His book intertwines God and music with passion and tears.... [_Tears and Saints_] has a chillingly contemporary ring that makes this translation important here and now."—_Booklist_. (shrink)

In this book Larry Temkin examines the concepts of equality and inequality, and addresses one particular question in depth: how can we judge between different sorts of inequality? When is one inequality worse than another? Temkin shows that there are many different factors underlying and influencing our egalitarian judgments and that the notion of inequality is surprisingly complex. He looks at inequality as applied to individuals and to groups, and at the standard measures of inequality employed by economists and (...) others, and considers whether inequality matters more in a poor society than a rich one. The arguments of non-egalitarians are also examined. Temkin's book presents a new way of thinking about equality and inequality which challenges the assumptions of philosophers, welfare economists, and others concerned with these notions on a practical as well as a theoretical level. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

This short but highly ambitious book asks us to rethink the evolution of the ideas on which modern states are built. Larry Siedentop argues that the core of what is now our system of beliefs, liberalism, emerged much earlier than generally recognised, established not in the Renaissance but by the arguments of lawyers and philosophers in the twelfth and thirteenth centuries. There are large parts of the world--fundamentalist Islam; quasi-capitalist China--where other belief systems flourish. Faced with these challenges, understanding (...) our own ideas' origins is more than ever an important part of knowing who we are."--Publisher's Web site. (shrink)

Temkin presents a new way of thinking about equality and inequality that challenges the assumptions of philosophers, welfare economists, and others, and has significant implications on both a practical and theoretical level.

Christopher Kutz has written an excellent book: part metaphysics, part ethical theory, and part legal philosophy. The aim of the book, as is clear from the title, is to examine and defend the idea of complicity, that is, the responsibility of individuals for their participation in collective harms. While there has not been a lot of philosophical work on this topic, there has been some good work, and Kutz is responsive to most of it. But basically, this book strikes out (...) on its own, building a conception of complicity from an analysis of collective action and individual intention. The cornerstone of the analysis is the idea that individuals should be responsible for what they participate in, regardless of whether the participation makes a causal difference for the outcome. (shrink)

How should the well-off respond to the world's needy? Renowned ethicist Larry S. Temkin challenges common beliefs about philanthropy and Effective Altruism, exploring the complex ways that global aid may do more harm than good, and considers the alternatives available when neglecting the needy is morally impermissible.

By targeting and critiquing these assumptions, he lays the groundwork for a post-positivist philosophy of science that does not provide aid and comfort to the enemies of reason. This book consists of thirteen essays.

Precision medicine is emerging as a scientific bandwagon within the contemporary biomedical sciences in the United States. PM brings together concepts and tools from genomics and bioinformatics to develop better diagnostics and therapies based on individualized information. Developing countries like China and Brazil have also begun pursuing PM projects, motivated by a desire to claim genomic sovereignty over its population. In spite of commonalities, institutional arrangements produced by the history of genomics research in China and Brazil are ushering PM along (...) different trajectories. In the Chinese case, we identify a strong state-backed push for PM combined with a dynamic network of international academic and private actors along the lines of networked technonationalism that has made large-scale, speculative PM projects possible. The Brazilian case is characterized by an institutional void at the federal level in which PM is driven by domestic academic actors in universities in the regional level, resulting in smaller scale, needs-driven PM projects. Through these cases, this paper shows how a scientific bandwagon adapts to national histories and institutions. Through this peripheral translation of the scientific bandwagon, the global infrastructure of biomedical knowledge has the potential to be transformed. (shrink)

Some Key Controversies in the Philosophy of Science Larry Laudan. the mouths of my realist, relativist, and positivist. (By contrast, there is at least one person who hews to the line I have my prag- matist defending.) But I have gone to some  ...

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the (...) first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial. (shrink)

This collection of quotes demonstrates the elegant simplicity of Ai Weiwei's thoughts on key aspects of his art, politics, and life. A master at communicating powerful ideas in astonishingly few words, Ai Weiwei is known for his innovative use of social media to disseminate his views. The short quotations presented here have been carefully selected from articles, tweets, and interviews given by this acclaimed Chinese artist and activist. The book is organized into six categories: freedom of expression; art and activism; (...) government, power, and moral choices; the digital world; history, the historical moment, and the future; and personal reflections. Together, these quotes span some of the most revealing moments of Ai Weiwei's eventful career--from his risky investigation into student deaths in the 2008 Sichuan earthquake to his arbitrary arrest in 2011--providing a window into the mind of one of the world's most electrifying and courageous contemporary artists. (shrink)

We present evidence of a potentially serious source of error intrinsic to all spotted cDNA microarrays that use IMAGE clones of expressed sequence tags (ESTs). We found that a high proportion of these EST sequences contain 5V-end poly(dT) sequences that are remnants from the oligo(dT)-primed reverse transcription of polyadenylated mRNA templates used to generate EST cDNA for sequence clone libraries. Analysis of expression data from two single-dye cDNA microarray experiments showed that ESTs whose sequences contain repeats of consecutive 5V- end (...) dT residues appeared to be strongly coexpressed, while expression data of all other sequences exhibited no such pattern. Our analysis suggests that expression data from sequences containing 5V poly(dT) tracts are more likely to be due to systematic cross-hybridization of these poly(dT) tracts than to true mRNA coexpression. This indicates that existing data generated by cDNA microarrays containing IMAGE clone ESTs should be filtered to remove expression data containing significant 5V poly(dT) tracts. D 2003 Elsevier Inc. All rights reserved. (shrink)

In "Futurc Generations: Further Problems,"‘ and Part Four of Reasons and Persons} Derek Pariit raises many perplexing questions. Although some think his ingenious arguments little more than delightful puzzles, I believe they challenge some of our deepest beliefs. In this article, I examine some of Pariit’s arguments, focusing mainly on "The Mere Addition Paradox." If my analysis is correct, Parfit’s arguments have extremely interesting and important implications that not even Pariit rcalized. In Part I, I present ParHt’s argument for the (...) Merc Addition Paradox, and show that given Pa.rHt’s assumptions, a radical conclusion seems t0 follow; the notion of "bctter th2m"—indced, even the notion of "aH things.. (shrink)