The role of the church in developing the law: response to commentators

Three of the four commentators endorse our concerns about intervention by the Roman Catholic church as an omicus curiae in civil litigation, with few reservations. One commentary rejects our arguments in We deal first with the three commentaries that support our arguments; secondly, with the reservations and qualifications in those commentaries, and thirdly, with the commentary that totally rejects our arguments.

Debt Maturity: Is Long-Term Debt Optimal?

We model and calibrate the arguments in favor and against short-term and long-term debt. These arguments broadly include: maturity premium, sustainability, and service smoothing. We use a dynamic-equilibrium model with tax distortions and government outlays uncertainty, and model maturity as the fraction of debt that needs to be rolled over every period. In the model, the benefits of defaulting are tempered by higher future interest rates. We then calibrate our artificial economy and solve for the optimal debt maturity for Brazil as an example of a developing country and the US as an example of a mature economy. We obtain that the calibrated costs from defaulting on long-term debt more than offset costs associated with short-term debt. Therefore, short-term debt implies higher welfare levels.

Nominal versus indexed debt: A quantitative horse race

The main arguments in favor and against nominal and indexed debts are the incentive to default through inflation versus hedging against unforeseen shocks. We model and calibrate these arguments to assess their quantitative importance. We use a dynamic equilibrium model with tax distortion, government outlays uncertainty, and contingent-debt service. Our framework also recognizes that contingent debt can be associated with incentive problems and lack of commitment. Thus, the benefits of unexpected inflation are tempered by higher interest rates. We obtain that costs from inflation more than offset the benefits from reducing tax distortions. We further discuss sustainability of nominal debt in developing (volatile) countries. (C) 2010 Elsevier Ltd. All rights reserved.

Relativizing Minimality for A-movement: phi- and theta-relations

This paper discusses two arguments raised against Hornstein`s (1999, 2001) Movement Theory of Control (MTC): Landau`s (2003) contrast between raising and passivized subject control predicates and Culicover and Jackendoff`s (2001) contrast between control and raising within nominals. I show that rather than counter-arguments, the data they present can actually be analyzed as arguments in favor of the MTC. More specifically, I argue that the puzzling contrasts discussed by these authors can be adequately accounted for within the MTC if minimality computations regarding A-movement are relativized in terms of phi- or theta-relations.

What Brazilian Portuguese Says about Control: Remarks on Boeckx & Hornstein

In an article in this journal, Boeckx & Hornstein (2006a) present data from Brazilian Portuguese (BP) as an argument in favor of the Movement Theory of Control (MTC). In this reply, I show that the data presented by those authors do not necessarily argue for a movement analysis of BP finite subjects nor of nonfinite control. I also show that BP provides arguments against the MTC when inflected infinitives are considered. Inflected infinitives may be used in BP in partial control structures, which makes it explicit that a singular matrix argument may control a syntactically plural null subject and shows that these two positions cannot be related by movement. Additionally, I show that the MTC makes the wrong predictions when a language with inflected infinitives is considered.

KANT E A ADMIRAÇÃO DA NATUREZA

RESUMO: O parágrafo 62 da Crítica do Juízo, cuja função é definir o conceito de conformidade a fins objetiva (objektive Zweckmässigkeit), começa com uma declaração do filósofo segundo a qual todas as figuras geométricas se relacionam com uma conformidade a fins objetiva e admirável. Embora não seja aqui essencial para a definição do princípio dessa conformidade a fins, a afirmação de Kant de que ela é muitas vezes digna de admiração exerce um importante papel para a sua própria definição. O objetivo deste texto é tecer algumas considerações em torno dessa relação entre o princípio estritamente lógico da conformidade a fins e o sentimento em geral, seja de admiração da natureza, ou em todas as suas variações, tais como aparece na sequência do mesmo parágrafo 62: o entusiasmo, a alegria e a estupefação. Embora de antemão se reconheça que tais sentimentos não podem intervir no mecanismo estritamente lógico desse princípio, que, segundo Kant, é transcendental, pretende-se mostrar como o seu uso relaciona-se sempre e de algum modo com um sentimento. Para isso, é preciso mostrar que a afirmação de Kant segundo a qual o juízo teleológico não possui nenhuma relação com o sentimento de prazer e desprazer não implica necessariamente que esse tipo de juízo não possua relação nenhuma como nenhum tipo de sentimento.

The role of legal coercion in the treatment of offenders with alcohol and heroin problems

This article discusses the ethical justification for and reviews the American evidence on the effectiveness of; treatment for alcohol and heroin dependence that is provided under legal coercion to offenders whose alcohol and drug dependence has contributed to the commission of the offence with which they have been charged or convicted. The article focuses on legally coerced treatment for drink-driving offenders and heroin-dependent property offenders. it outlines the various arguments that have been made for providing such treatment under legal coercion, namely. the over-representation of alcohol and drug dependent persons in prison populations; the contributory causal role of alcohol and other drug problems in the offences that lead to their imprisonment; the high rates of relapse to drug use and criminal involvement after incarceration; the desirability of keeping injecting heroin users out of prisons as a way of reducing the transmission of infectious diseases such as HIV and hepatitis; and the putatively greater cost-effectiveness of treatment compared with incarceration. The ethical objections to legally coerced drug treatment are briefly discussed before the evidence on the effectiveness of legally coerced treatment for alcohol and other drug dependence is reviewed. The evidence, which is primarily from the USA, gives qualified support for some forms of legally coerced drug treatment provided that these programs are well resourced, carefully implemented, and their performance is monitored to ensure that they provide a humane and effective alternative to imprisonment. Expectations about what these programs can achieve also need to be realistic.

The recent Australian debate about the prohibition on cannabis use

This paper outlines the ethical arguments used in the Australian debate about whether or not to relax the prohibition on cannabis use by adults. Over the past two decades a rising prevalence of cannabis use in the Australian population has led to proposals for the decriminalization of the personal use of cannabis. Three states and territories have removed criminal penalties for personal use while criminal penalties are rarefy imposed in the remaining states. Libertarian arguments for legalization of cannabis use have attracted a great deal of media interest but very little public and political support. Other arguments in favour of decriminalization have attracted more support. One has been the utilitarian argument that prohibition has failed to deter cannabis use and the social costs of its continuation outweigh any benefits that it produces. Another has been the argument from hypocrisy that cannabis is less harmful than alcohol and so, on the grounds of consistency, if alcohol is legally available then so should cannabis. To date public opinion has not favoured legalization, although support for the decriminalization of personal cannabis use has increased. In the long term, the outcome of the debate may depend more upon trends in cannabis use and social attitudes among young adults than upon the persuasiveness of the arguments for a relaxation of the prohibition of cannabis.

Emerging technologies for the prevention of dental caries. Are current methods of prevention sufficient for the high risk patient?

Fluorides and chlorhexidine are technologies that are 65 and 40 years old, respectively. This overview argues that current methods of caries prevention are not effective for the high caries risk patient. In this review examples, arguments and recommendations are provided to address the high caries risk patient that include: failure of comprehensive chemical modalities treatments to address the high caries risk patient; ecological alteration - would this be an effective approach?; and biomaterials and oral microbiome research to address the high caries risk patient.

"Cheap and nasty": German goods, socialism, and the 1876 Philadelphia world fair

At the World Fair in Philadelphia in 1876, the German goods on display were described as cheap and nasty, setting off a vigorous debate about the state of German industry. Social democrats attacked policies of increasing competitiveness of German exports through keeping wages low, and claimed that the quality of the goods produced by socialist workers was higher than those produced by others. An analysis of the debate shows the extent to which social democrats not only resorted to arguments stressing the national interest, but also the extent to which nominally Marxist socialists in this period were still attached to traditional artisanal values of pride in the quality of their work.

The use and abuse of population viability analysis

A recent study by Brook ef al. empirically tested the performance of population viability analysis (PVA) using data from 21 populations across a wide range of species. The study concluded that PVAs are good at predicting the future dynamics of populations. We suggest that this conclusion is a result of a bias in the studies that Brook et al, included in their analyses, We present arguments that PVAs can only be accurate at predicting extinction probabilities if data are extensive and reliable, and if the distribution of vital rates between individuals and years can be assumed stationary in the future, or if any changes can be accurately predicted. In particular, we note th at although catastrophes are likely to have precipitated many extinctions, estimates of the probability of catastrophes are unreliable.

Are community newspapers really different?

Cafarella has written what amounts to a wake-up call for many journalism educators. Her paper will have varying degrees of relevance for different educators and different institutions. In some instances, she may well be reflecting the viewpoints of particular educators in particular situations but these same educators, because of institutional pressures and the very pressures of time and limited resources that Cafarella discusses in a suburban newspaper setting, are unable to implement their heart’s desire. For example, they may want to do all the things Cafarella cited, but to meet the academic requirements of their institution as opposed to the training needs of their students they must achieve a balance between the practical and the theoretical, between their own teaching and research performance, and they must be able to cope with the marking load they generate by creating endless practical assignments. Shorthand bobs up in Cafarella’s paper as a hurdle the graduate cadet must clear before being elevated to the status of graded journalist after the one-year cadetship, and I am reminded that arguments about the inclusion of shorthand in tertiary journalism courses has been debated at national and institutional levels for the past quarter of a century. In fact, shorthand is a kind of shorthand for this practice versus theory debate.

Intellectual origins of welfare dependency

'Welfare dependency' has become a key term in policy debate in the United States and, more recently, Australia. In this article I explore the intellectual origins of the term, looking specifically at the writings of George Gilder and Charles Murray, two commentators whose (often polemically presented) ideas were influential within the Reagan Administration and have been at the forefront of a conservative renewal in welfare debate generally. Although others have subsequently refined some of their arguments and proposals, the authors' central claim that welfare causes dependency and thus unemployment and poverty - and that welfare reform therefore needs to focus on changing the behaviour of welfare recipients rather than providing employment opportunities - has had a lasting political impact, in Australia as much as in the US.

Wildlife-based tourism & increased support for nature conservation financially and otherwise: evidence from sea-turtle ecotourism at Mon Repos

The arguments of most conservationists supporting ecotourism have been based on the view that it is environmentally friendly as a resource-use and that receipts from it can counter demands to use the natural resources involved for more extractive economic purposes. But wildlife-based ecotourism can also have positive impacts in itself on the willingness of tourists to pay for wildlife conservation, strengthen the pro-conservation attitudes of tourists, and foster personal actions by them that contribute to wildlife conservation. These aspects are explored in this article on the basis of a survey of tourists visiting Mon Repos Beach near Bundaberg, Queensland, for the purpose of watching marine turtles. The results enable several of the conservation impacts of this experience on tourists to be quantified, and highlight important relationships between specific socio-economic variables and the willingness of tourists to pay for the protection of sea turtles. Furthermore, it is shown that the on-site experiences of ecotourists have positive impacts on the willingness of tourists to pay for the conservation of wildlife, and that willingness to pay is sensitive to whether or not wildlife is seen. It is suggested that in situ ecotourism is likely to be a more powerful force for fostering pro-conservation attitudes and actions among visitors than ex situ wildlife-based tourism in aquaria and zoos.

It's all in the contract: Rethinking feminist critiques of contract

This article examines contemporary feminist arguments about contract. It does not aim to advance new arguments for or against contract but to call into question the dominant feminist position which is that contract has to be cast aside and/or that alternative approaches to contract have to be developed in order to advance the position of women. In a reworking of Elizabeth Kingdom's anti-essentialist approach to rights, Sullivan argues that a feminist but non-essentialist approach to contract is both possible and desirable. Sullivan explores a number of concrete situations in the Australian context where contract approaches have been deployed in law and public policy and demonstrates that contract may be detrimental or advantageous to the position of women. Sullivan argues, therefore, for a strategic and critical feminist approach to the utilisation of the language and practice of contract.