Physician-Assisted Suicide in the United States: Confronting Legal and Medical Reasoning – Part Two

In the United States, judicialrulings that unrealistically addressed the complexityof cases and demonstrated limited understanding ofprinciples, helped to create a legal quagmire whichlegislatures had to confront. Moreover, thelegislative response was often slow and inadequate interms of both the scope and clarity of the laws. However, since the 1970s, progress has been made onmany fronts, particularly in regard to advancedirectives dealing with end-of-life decisions. Thedebate over physician-assisted suicide has spawned arepetition of moral and legal arguments. Thoseagainst legalization have failed to make a realisticappraisal of the dilemmas facing patients and theirfamilies in an age of technological medicine deliveredin the context of the marketplace. The underlyingproblem is a system in dire need of reform that willno longer treat health care as a commodity of themarketplace and provide universal health care. Terminal care as an integral part of health care willsubstantially benefit from such reforms because amajor obstacle to comprehensive palliative care is thecondition of the present system.     

Potential Effects of Faking on the NEO-PI-R: Willingness and Ability to Fake Changes Who Gets Hired in Simulated Selection Decisions

The impact of response distortion (faking) on selection decisions was investigated. Participants (N = 224) completed the NEO-PI-R under instructions to “make the most favorable impression” and/or “answer honestly.” Those instructed to fake were often over-represented at the top of the score distributions as instructions to fake resulted in higher scores both between and within groups in a test–retest situation. There was significantly lower correspondence between participants’ honest scores and their faked scores as well as multiple instances where participants with unfavorable honest scores subsequently produced the most favorable scores when faking. Response distortion may remain a serious threat to the use of personality test scores in selection.

AI &; Law,Logic and Argument Schemes

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument.     

Idealism or Pragmatism? An Operational Code Analysis of Yitzhak Rabin andShimon Peres

This study quantitatively measured the operational codes of Yitzhak Rabin and Shimon Peres according to the Verbs in Context System (VICS) devised by Walker, Schafer, and Young (1998). Rabin's and Peres's basic propensities regarding the nature and conduct of foreign policy were then compared through analyses of variance, both to each other and across time. Three main trends were found in the results. First, both leaders' conception of their political environment changed over time, from basically conflictual in the 1970s to essentially neutral in the 1990s. Second, the remainder of Rabin's operational code, including a surprisingly strong predisposition to approach politics in a cooperative manner, was generally constant across time. Third, unlike Rabin, several other components of Peres's operational code underwent acute fluctuations, seemingly in response to the perceived different situational context. On the basis of these results and the operational code construct in general, a typology was created that classifies leaders according to their predisposition to pursue either cooperative or conflictual strategies and their level of responsiveness to their political environment.     

Mandated Interventions with Drug-Dependent, Pregnant Women

Increased concern about the influence of pregnant women's substance use on fetal health has prompted a variety of actions, including calls for legal interventions against some pregnant women with chronic substance abuse problems. In this paper I examine the legal and social science arguments used to support and oppose these interventions. Several assumptions about the behaviors of pregnant women that are used to support the arguments are described. The types of social science research that could inform the ongoing debate about interventions with pregnant women are explored.     

The impact of task complexity on information use in multi-attribute decision making

This study presents a process analysis of multi-attribute decision making. The decision problems concerned the selection of the most suitable candidate for a job opening. The problems varied in terms of complexity, i.e. the number of candidates and the number of attributes used to describe these alternatives. Results show that with an increasing number of alternatives, subjects (N = 48) used fewer attributes for the evaluation of alternatives, and made, on average, less references to the alternatives. The type of judgment most often used was absolute dimensional (comparison of an attribute to an absolute standard) and was used more often at the beginning than toward the end of the decision process. Overall, judgments were predominantly positive. The percentage of positive judgments decreased with increasing complexity, and toward the end of the decision process. Significantly more judgments, particularly positive ones, concerned the finally chosen alternative as compared to the rest of the alternatives. Finally, analysis of subjects' usage of decision rules revealed that increasing the number of alternatives resulted in an increasing use of elimination strategies. Implications of these findings for the design of decision aids will be discussed.     

Hyperbolic modeling and assessment of hypothetical health behaviors during a viral outbreak using crowdsourced samples

The COVID-19 pandemic provided an opportunity to investigate factors related to public response to public health measures, which could help better prepare implementation of similar measures for inevitable future pandemics. To understand individual and environmental factors that influence likelihood in engaging in personal and public health measures, three crowdsourced convenience samples from Amazon Mechanical Turk (MTurk) completed likelihood-discounting tasks of engaging in health behaviors given a variety of hypothetical viral outbreak scenarios. Experiment 1 assessed likelihood of mask wearing for a novel virus. Experiment 2 assessed vaccination likelihood based on efficacy and cost. Experiment 3 assessed likelihood of seeking health care based on number of symptoms and cost of treatment. Volume-based measures and three-dimensional modeling were used to analyze hypothetical decision making. Hypothetical public and personal health participation increased as viral fatality increased and generally followed a hyperbolic function. Public health participation was moderated by political orientation and trust in science, whereas treatment-seeking was only moderated by income. Analytic methods used in this cross-sectional study predicted population-level outcomes that occurred later in the pandemic and can be extended to various health behaviors.     

Common Law Approaches to the Relationship Between Law and Morality

How are general relations of law and morality typically conceived in an environment of Anglo-saxon common law? This paper considers some classical common law methods and traditions as these have confronted and been overlaid with modern ideas of legal positivism. While classical common law treated a community and its morality as the cultural foundation of law, legal positivism's analytical separation of law and morals, allied with liberal approaches to legal regulation, have made the relationship of legal and moral principles more complex and contested. Using ideas from Durkheim's and Weber's sociology, I argue that the traditional common law emphasis on an inductive, empirical treatment of moral practices has continuing merit, but in contemporary conditions the vague idea of community embedded in classical common law thought must be replaced with a much more precise conceptualisation of coexisting communities, whose moral bonds are diverse and require a corresponding diversity of forms of legal recognition or protection.     

Civil Ethics and the Validity of Law

This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' which is in fact rather 'state ethics', nor as 'public ethics' which is said to reach its perfection when it becomes law, nor as ethics applicable primarily to the basic structure of a society (political liberalism), but instead as a citizens' ethics. Subsequently the paper attempts to show what the contents of this ethics are, and which ethical theory would be able to ground its obligations.     

Scientia Iuris - An Unsolved Philosophical Problem

Legal dogmatics in Continental European law (scientia iuris, Rechtswissenschaft) consists of professional legal writings whose task is to systematize and interpret valid law. Legal dogmatics pursues knowledge of the existing law, yet in many cases it leads to a change of the law. Among general theories of legal dogmatics, one may mention the theories of negligence, intent, adequate causation and ownership. The theories produce principles and they also produce defeasible rules. By means of production of general and defeasible theories, legal dogmatics aims at obtaining a system of law that is both internally coherent and harmonized with its background in morality and (political) philosophy. Legal dogmatics is necessary in the context of constitutional constraints on the majority rule. Only if the courts act on the basis of Reason they can be a legitimate counterpart of the majority rule. And Reason cannot be exhausted by particular decision making. It also needs a more abstract deliberation, given by expert jurists. However, legal dogmatics has been a target of several kinds of criticism: empirical, morally-political, epistemological, logical, and ontological. The position taken in this article is to answer such criticism by mutually adjusting philosophy and the practices of the law.