Religious Conscience and the Private Market

Author(s):  
Kevin Vallier ◽  
Michael Weber

When should an appeal to religious conscience exempt a business owner from providing a private market service? Recent cases in state and federal courts evince the need for a philosophical treatment of the success conditions for religious conscience exemptions. In this essay I assume that the conscience objection is focused on a law to perform a private market services. I begin with some conceptual clarifications, proceed to examine cases, and argue for an account. I propose that a religious conscience exemption ought to be granted if the act concerns a sacred matter according to an epistemically live religious tradition, a tradition that is believed by a group of persons and is not common knowledge that it is false. On the view I argue for an appeal to common knowledge is crucial for fairly balancing the competing rights of religious autonomy and anti-discrimination.

2018 ◽  
Author(s):  
Marin K Levy

103 Cornell L. Rev. 65 (2017)It is common knowledge that the federal courts of appeals typically hear cases in panels of three judges and that the composition of the panel can have significant consequences for case outcomes and for legal doctrine more generally. Yet neither legal scholars nor social scientists have focused on the question of how judges are selected for their panels. Instead, a substantial body of scholarship simply assumes that panel assignment is random. This Article provides what, up until this point, has been a missing account of panel assignment. Drawing on a multiyear qualitative study of five circuit courts, including in-depth interviews with thirty-five judges and senior administrators, I show that strictly random selection is a myth, and an improbable one at that—in many instances, it would have been impossible as a practical matter for the courts studied here to create their panels by random draw. Although the courts generally tried to “mix up” the judges, the chief judges and clerks responsible for setting the calendar also took into account various other factors, from collegiality to efficiency-based considerations. Notably, those factors differed from one court to the next; no two courts approached the challenge of panel assignment in precisely the same way. These findings pose an important challenge to the widespread assumption of panel randomness and reveal key normative questions that have been largely ignored in the literature. Although randomness is regarded as the default selection method across much of judicial administration, there is little exposition of why it is valuable. What, exactly, is desirable about having judges brought together randomly in the first place? What, if anything, is problematic about nonrandom methods of selection? This Article sets out to clarify both the costs and benefits of randomness, arguing that there can be valid reasons to depart from it. As such, it provides a framework for assessing different panel assignment practices and the myriad other court practices that rely, to some extent, on randomness.


Author(s):  
Karvita B. Ahluwalia ◽  
Nidhi Sharma

It is common knowledge that apparently similar tumors often show different responses to therapy. This experience has generated the idea that histologically similar tumors could have biologically distinct behaviour. The development of effective therapy therefore, has the explicit challenge of understanding biological behaviour of a tumor. The question is which parameters in a tumor could relate to its biological behaviour ? It is now recognised that the development of malignancy requires an alteration in the program of terminal differentiation in addition to aberrant growth control. In this study therefore, ultrastructural markers that relate to defective terminal differentiation and possibly invasive potential of cells have been identified in human oral leukoplakias, erythroleukoplakias and squamous cell carcinomas of the tongue.


2010 ◽  
Author(s):  
Helen A. Swanson ◽  
Joshua Ebert ◽  
Lacey Seefeldt
Keyword(s):  

Author(s):  
JOSEPH EWAN
Keyword(s):  

"They pass", writes Professor Samuel Wood Geiser, "these naturalists of the frontier, across the stage of history — some of them men of brain and heart and honor, others men of whom we cannot speak with admiration. They are not all to be gauged by the same standards: their environments, diverse and not always favorable, helped to make them all. But they were one in their devotion to the advancement of our common knowledge."


2001 ◽  
Vol 29 (3) ◽  
pp. 134-154 ◽  
Author(s):  
J. R. Luchini ◽  
M. M. Motil ◽  
W. V. Mars

Abstract This paper discusses the measurement and modeling of tire rolling resistance for a group of radial medium truck tires. The tires were subjected to tread depth modifications by “buffing” the tread surface. The experimental work used the equilibrium test method of SAE J-1269. The finite element analysis (FEA) tire model for tire rolling resistance has been previously presented. The results of the testing showed changes in rolling resistance as a function of tread depth that were inconsistent between tires. Several observations were also inconsistent with published information and common knowledge. Several mechanisms were proposed to explain the results. Additional experiments and models were used to evaluate the mechanisms. Mechanisms that were examined included tire age, surface texture, and tire shape. An explanation based on buffed tread radius, and the resulting changes in footprint stresses, is proposed that explains the observed experimental changes in rolling resistance with tread depth.


2017 ◽  
Vol 9 (3) ◽  
pp. 17-30
Author(s):  
Kelly James Clark

In Branden Thornhill-Miller and Peter Millican’s challenging and provocative essay, we hear a considerably longer, more scholarly and less melodic rendition of John Lennon’s catchy tune—without religion, or at least without first-order supernaturalisms (the kinds of religion we find in the world), there’d be significantly less intra-group violence. First-order supernaturalist beliefs, as defined by Thornhill-Miller and Peter Millican (hereafter M&M), are “beliefs that claim unique authority for some particular religious tradition in preference to all others” (3). According to M&M, first-order supernaturalist beliefs are exclusivist, dogmatic, empirically unsupported, and irrational. Moreover, again according to M&M, we have perfectly natural explanations of the causes that underlie such beliefs (they seem to conceive of such natural explanations as debunking explanations). They then make a case for second-order supernaturalism, “which maintains that the universe in general, and the religious sensitivities of humanity in particular, have been formed by supernatural powers working through natural processes” (3). Second-order supernaturalism is a kind of theism, more closely akin to deism than, say, Christianity or Buddhism. It is, as such, universal (according to contemporary psychology of religion), empirically supported (according to philosophy in the form of the Fine-Tuning Argument), and beneficial (and so justified pragmatically). With respect to its pragmatic value, second-order supernaturalism, according to M&M, gets the good(s) of religion (cooperation, trust, etc) without its bad(s) (conflict and violence). Second-order supernaturalism is thus rational (and possibly true) and inconducive to violence. In this paper, I will examine just one small but important part of M&M’s argument: the claim that (first-order) religion is a primary motivator of violence and that its elimination would eliminate or curtail a great deal of violence in the world. Imagine, they say, no religion, too.Janusz Salamon offers a friendly extension or clarification of M&M’s second-order theism, one that I think, with emendations, has promise. He argues that the core of first-order religions, the belief that Ultimate Reality is the Ultimate Good (agatheism), is rational (agreeing that their particular claims are not) and, if widely conceded and endorsed by adherents of first-order religions, would reduce conflict in the world.While I favor the virtue of intellectual humility endorsed in both papers, I will argue contra M&M that (a) belief in first-order religion is not a primary motivator of conflict and violence (and so eliminating first-order religion won’t reduce violence). Second, partly contra Salamon, who I think is half right (but not half wrong), I will argue that (b) the religious resources for compassion can and should come from within both the particular (often exclusivist) and the universal (agatheistic) aspects of religious beliefs. Finally, I will argue that (c) both are guilty, as I am, of the philosopher’s obsession with belief. 


Author(s):  
Marta Postigo Asenjo

RESUMENEl sistema patriarcal no afecta exclusivamente al poder político y judicial, sino que afecta a la estructura interna de la sociedad, la identidad y las formas de vida de los individuos que en ella viven. Para comprender mejor como condiciona el sistema patriarcal las formas de vida y la visión que tienen los individuos de la realidad social, hemos de analizar el modo en que se extiende al orden institucional y lo determina mediante "tipificaciones" de hechos y de personas y mediante roles concretos, esteoreotipaciones sexiuales que obstaculizan el acceso a la esfera pública de la mujer, así como su reinserción en el mercado laboral, en suma, todo aquello que afecta al conocimiento común que comparten los miembros de una comunidad. El cambio hacia una mayor igualdad y una real democracia paritaria y compartida no es posible sin una paulatina educación y concienciación de la sociedad en su conjunto.PALABRAS CLAVEPATRIARCADO-TIPIFICACIÓN SOCIAL-IGUALDAD DE GÉNEROABSTRACTPatriarchalism is not only present in politics and the judicial system. It also affects the internal structure of society, above all the life and identitý of individuals. To understand better how it conditions their ways of life and the vision the individuals have of social reality, we should study how patriarchalism r3eaches the system of institutions and how this becomes determined by "typifications" of facts and people, and by certain roles or sexual stereotypes that hinder the access of women both to the public sphere and to tha labor market. It sum, everything that concerns the common knowledge that the members of a community share. The move towards more equality and towards a more egalitarian democracy heavily depends on the spread of civic education to the entire society.KEYWORDSPATRIARCHALISM-SOCIAL TYPIFICATION-GENDER EQUALITY


2019 ◽  
Vol 19 (1) ◽  
pp. 307-322
Author(s):  
Václav Pravda

Summary This article elaborates on the issue of recognition and enforcement of foreign arbitral awards in the Russian Federation. It is common knowledge that foreign companies seeking R&E in Russia suffered damage because of the broad interpretation of Russian public policy in the past decades. However, it is uncertain how the present judicial development appears like and where it will lead in the future. The article specifically considers two basic ideas on the issue at hand: one is slightly critical (Karabelnikov) while the second is rather optimistic in regard with the recent development (Zykov). The main goal is to introduce the issue to the respective readers and to try to inflame a discussion.


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