Framing Democracy: A Behavioral Approach to Democratic Theory.Jamie Terence Kelly -2012 - Princeton University Press.detailsThe past thirty years have seen a surge of empirical research into political decision making and the influence of framing effects — the phenomenon that occurs when different but equivalent presentations of a decision problem elicit different judgments or preferences. During the same period, political philosophers have become increasingly interested in democratic theory, particularly in deliberative theories of democracy. Unfortunately, the empirical and philosophical studies of democracy have largely proceeded in isolation from each other. As a result, philosophical treatments of (...) democracy have overlooked recent developments in psychology, while the empirical study of framing effects has ignored much contemporary work in political philosophy. In Framing Democracy, Jamie Terence Kelly bridges this divide by explaining the relevance of framing effects for normative theories of democracy. -/- Employing a behavioral approach, Kelly argues for rejecting the rational actor model of decision making and replacing it with an understanding of choice imported from psychology and social science. After surveying the wide array of theories that go under the name of democratic theory, he argues that a behavioral approach enables a focus on three important concerns: moral reasons for endorsing democracy, feasibility considerations governing particular theories, and implications for institutional design. Finally, Kelly assesses a number of methods for addressing framing effects, including proposals to increase the amount of political speech, mechanisms designed to insulate democratic outcomes from flawed decision making, and programs of public education. -/- The first book to develop a behavioral theory of democracy, Framing Democracy has important insights for democratic theory, the social scientific understanding of political decision making, economics, and legal theory. (shrink)
Democracy as the Rule of a Small Many.Jamie Terence Kelly -2014 -Critical Review: A Journal of Politics and Society 26 (1-2):80-91.detailsWhat is the optimal size of a democratic society? While not taking an explicit stand on this issue, Hélène Landemore's model of democracy in Democratic Reason suggests that democracies ought to be small, certainly smaller than many existing states. If, as Landemore argues, we must rely on the random selection of representatives, then we should be concerned about both the size of the population and the way cognitive diversity is distributed within it. Given the realities of party politics and media (...) framing, this means that smaller political societies will yield wiser decisions than very large ones. (shrink)
Battlefield conditions: Different environment but the same duty of care.Janet Kelly -2010 -Nursing Ethics 17 (5):636-645.detailsUsing an interpretative research approach to ethical and legal literature, it is argued that nursing in the battlefield is distinctly different to civilian nursing, even in an emergency, and that the environment is so different that a duty of care owed by military nurses to wounded soldiers should not apply. Such distinct differences in wartime can override normal peacetime professional ethics to the extent that the duty of care owed by military nurses to their patients on the battlefield should not (...) exist. It is also argued that as military nurses have legal and professional obligations to care for wounded soldiers on the battlefield, this obligation conflicts with following military orders, causing a dual loyalty conflict. This is because soldiers are part of the ‘fighting force’ and must be fit to fight and win the battle. This makes them more of a commodity rather than individual persons with distinct health care needs. (shrink)
A Short History of Western Legal Theory.J. M. Kelly -1992 - Oxford University Press UK.detailsThis unique publication outlines the development of legal theory from pre-Roman times to the twentieth century. It aims to relate the evolution of legal theory to parallel developments in political history, and accordingly offers the reader an account of relevant contemporaneous political, religious, and economic events. Each chapter commences with a general historical background for the relevant period, and discusses how political events and political and legal theory are both related to one another and occasionally influence one another.No other English (...) publication aims to anchor legal theory to contemporary general history in this way, shunning the more conventional approach to legal theory via the study of 'traditions' or 'schools', and it is hoped that this study will provide a much-needed basic text for students of jurisprudence, legal theory and politics. (shrink)
Wittgenstein, the Self, and Ethics.John C. Kelly -1995 -Review of Metaphysics 48 (3):567 - 590.detailsWHEN WITTGENSTEIN'S TRACTATUS was published it was generally identified first with Russell's logical atomism, and later with the logical positivism of the Vienna Circle. However, Wittgenstein himself claimed the work had an ethical purpose. In what has become a well-known passage from a letter to Ludwig von Ficker, the editor of Der Brenner, whose help Wittgenstein sought in trying to publish the Tractatus, he says.
Libertarian Paternalism, Utilitarianism, and Justice.Jamie Kelly -2013 - In Christian Coons & Michael Weber,Paternalism: Theory and Practice. Cambridge: Cambridge University Press. pp. 216-230.detailsIn a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. -/- In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)
Ethical decision-making regarding infant viability: A discussion.Janet Kelly &Emma Welch -2018 -Nursing Ethics 25 (7):897-905.detailsBackground: There are no universally agreed rules of healthcare ethics. Ethical decisions and standards tend to be linked to professional codes of practice when dealing with complex issues. Objectives: This paper aims to explore the ethical complexities on who should decide to give infants born on the borderline of viability lifesaving treatment, parents or the healthcare professionals. Method: The paper is a discussion using the principles of ethics, professional codes of practice from the UK, Nursing Midwifery Council and UK legal (...) case law and statute. Healthcare professionals' experiences that influence parental decision are also considered. Findings & Discussion: There are considerable barriers to an effective discussion taking place in an environment where clinical decisions have to be made quickly once the baby is born. This is compounded by the need and respect for parental autonomy and the difficulties they face when making a best interest's decision knowing that this could cause more harm than good for their infant child and balancing any decision they make with quality of life. Conclusion: On deciding whether to give lifesaving treatment born at the borderline of viability, it should be a joint decision between the parents and the neonatal team. (shrink)
Libertarian paternalism, utilitarianism, and justice.Jamie Kelly -2013 - In Christian Coons & Michael Weber,Paternalism: Theory and Practice. Cambridge: Cambridge University Press. pp. 216-230.detailsIn a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)
The Buddha’s Teachings to Lay People.John L. Kelly -2011 -Buddhist Studies Review 28 (1):3-77.detailsIn this work, all the discourses addressed to lay people in the four main nik?yas of the P?li Canon, and most of those in the fifth, have been surveyed, categorised, and analysed. The different ways in which the Buddha customised his style of teaching and the Dhamma being taught according to the various demographic characteristics of his audience are explored, highlighted and discussed. Some of the findings are to be expected, whereas others are less so. There are several clear gender (...) and class differences in the type of discourse used, the topics of the teaching, and in whether the sutta is oriented to lead the listener to the more worldly goals of happiness in this life or a good rebirth, as opposed to being directed towards complete liberation from rebirth. There are differences too based on the age of the addressees, but less pronounced. This survey has also brought forth some distinct characteristics of the different nik?yas of the P?li Canon in terms of their suttas to the lay community. The A?guttara Nik?ya contains more suttas targeted directly to lay people, plus many others of the ‘indirect’ variety, more suttas addressed to women and to the middle-class, and a higher emphasis on the goals of happiness in this life and a good rebirth. Overall the suttas addressed to lay people show a very strong emphasis on good conduct by body, speech, and mind. But this paper hasn’t addressed whether there would be a different emphasis shown in an examination of the suttas addressed exclusively to the monastic community, and this is an area that warrants further exploration. A comprehensive catalogue of suttas in the P?li Canon that are addressed to householders is included in an appendix. (shrink)
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Ontological Priority and Persons.Jon Kelly -2024 -Philosophia Christi 26 (1):47-73.detailsOn hylomorphism and a concrete view of Christ’s human nature, a human person might be defined ontologically by a real definition. Per the definitions of hylomorphism and concretism, both views depend on a thick particular “human person.” I call the dependence between the person and its definition the principle of ontological priority (POP) and I analyze how POP affects the views given two theological puzzles, namely, the disembodied intermediate state, and, following Chalcedon, a single person in Christ. I find that (...) the entailment of the thick particular is unfavorable for both hylomorphism and concretism. Consequently, their real definitions need to be redefined. (shrink)
The Moral Foundations of International Criminal Law.Jamie Terence Kelly -2010 -Journal of Human Rights 9 (4):502-510.detailsThis article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).
Transitional Justice and Equality: A Response to Eisikovits.Jamie Terence Kelly -2010 -Review of International Affairs 61 (1138-1139):190-196.detailsThis article responds to Nir Eisikovits’ recent book Sympathizing with the Enemy: Reconciliation, Transitional Justice, Negotiation (Martinus Nijhoff Publishers, 2010).
The emergence of cultural safety within kidney care for Indigenous Peoples in Australia.Melissa Arnold-Ujvari,Elizabeth Rix &Janet Kelly -2024 -Nursing Inquiry 31 (3):e12626.detailsCultural safety is increasingly recognised as imperative to delivering accessible and acceptable healthcare for First Nations Peoples within Australia and in similar colonised countries. A literature review undertaken to inform the inaugural Caring for Australians with Renal Insufficiency (CARI) guidelines for clinically and culturally safe kidney care for Aboriginal and Torres Strait Islander peoples revealed a timeline of the emergence of culturally safe kidney care in Australia. Thirty years ago, kidney care literature was purely biomedically focused, with culture, family and (...) community viewed as potential barriers to patient ‘compliance' with treatment. The importance of culturally informed care was increasingly recognised in the mid‐1990s, with cultural safety within kidney care specifically cited from 2014 onwards. The emergence timeline is discussed in this paper in relation to the five principles of cultural safety developed by Māori nurse Irihapeti Ramsden in Aotearoa/New Zealand. These principles are critical reflection, communication, minimising power differences, decolonisation and ensuring one does not demean or disempower. For the kidney care workforce, culturally safe care requires ongoing critical reflection, deep active listening skills, decolonising approaches and the eradication of institutional racism. Cultural safety is the key to truly working in partnership, increasing Indigenous Governance, respectful collaboration and redesigning kidney care. (shrink)
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Epistemic Perfectionism and Liberal Democracy.Jamie T. Kelly &Kristoffer Ahlstrom-Vij -2013 -Social Philosophy Today 29:49-58.detailsRobert Talisse’s recent attempt to justify liberal democracy in epistemic terms is in many ways a breath of fresh air. However, in the present paper we argue that his defense faces two inter-related problems. The first problem pertains to his defense of liberalism, and owes to the fact that a commitment to the folk-epistemological norms in terms of which he makes his case does not commit one to partaking in liberal institutions. Consequently, our (alleged) commitment to the relevant epistemic norms (...) does not justify liberal democracy. The second problem pertains to his defense of democracy. The problem is that, if Talisse provides what we take to be the most plausible response to the first problem, framed in terms of his acceptance of a form of epistemic perfectionism, he is able to maintain his commitment to liberal institutions, but at the price of leaving democracy behind in favor of what we will refer to as a liberal epistocracy. (shrink)
Demarcating the Foundations of Analytic Theology and Philosophical Theology.Jon Kelly -2023 -Forum Philosophicum: International Journal for Philosophy 28 (1):47-62.detailsAnalytic theology is a thriving research program at the intersection of theology and analytic philosophy. Prior to Oliver Crisp and Michael Rea’s launch of “analytic theology” in 2009, the discipline functioned under the moniker “philosophical theology.” Considerable ink has been spilled on what is analytic theology in the past decade, and most recently by William Wood (2021). Some theologians (e.g., Abraham 2009) have argued that it is systematic theology while others (e.g., Coakley 2013) have been content to remain in a (...) family resemblance class rooted in philosophical theology. At the same time, analytic theology has welcomed Christian philosophers (e.g., Beall 2021) who have migrated into Christian doctrine via philosophy of religion. These philosophers are not systematic theologians, but, rather, philosophical theologians. This essay analyzes the relation between analytic theology, philosophical theology, and philosophy by examining their starting points and how they perceive and access truth, and then proposes a spectrum to graph their overlapping zones of research. I conclude that philosophical theology stands at the heart of the disciplines and thus remains an appropriate term for analytic theologians and Christian philosophers working somewhere in the vicinity of Jerusalem. (shrink)
The ethics of sentencing white-collar criminals.Phillip Balsmeier &Jennifer Kelly -1996 -Journal of Business Ethics 15 (2):143 - 152.detailsThe consistent sentencing of white collar criminals does not exist in today's judicial system. Guidelines for sentencing individuals and corporations have already been developed by the U.S. Sentencing Commission but have not yet been implemented in the courts. Pros and cons of the guidelines are given, as is the extent and form of sentencing deemed appropriate for the individual or corporation. The activities of the sentencing commission are depicted by a timeline.
Readings in Humanist Sociology: Social Criticism and Social Change.Walda Katz Fishman,George C. Benello,C. George Benello,Joseph Fashing,David G. Gil,Ted Goertzel,James Kelly,Alfred McClung Lee,Robert Newby,David J. O'Brien,Victoria Rader,Sal Restivo,Jerold M. Starr,Richard S. Sterne &Michael Zenzen -1986 - Rowman & Littlefield Publishers.detailsHumanist sociologists are activists rooted in the reality of history and change and guided by a concern for the 'real life' problems of equality, peace, and social justice. They view people as active shapers of social life, capable of creating societies in which everyone's potential can unfold. Alfred McClung Lee introduces this volume with 'Sociology: Humanist and Scientific' and develops the theme that a sociology that is humanist is also scientific. The other nine selections are grouped into four parts: 'The (...) Individual and Social Life;' 'Social Institutions: Technology, Science, and Formal Organization;' 'Political Structures: Issues of Justice and Equality;' and 'Methodological Critiques and Counterproposals.'. (shrink)
Using Action Research to Improve Instruction: An Interactive Guide for Teachers.John E. Henning,Jody M. Stone &James L. Kelly -2008 - Routledge.detailsAction research is increasingly used as a means for teachers to improve their instruction, yet for many the idea of doing "research" can be somewhat intimidating. _Using Action Research to Improve Instruction_ offers a comprehensive, easy-to-understand approach to action research in classroom settings. This engaging and accessible guide is grounded in sources of data readily available to teachers, such as classroom observations, student writing, surveys, interviews, and tests. Organized to mirror the action research process, the highly interactive format prompts readers (...) to discover a focus, create research questions, address design and methodology, collect information, conduct data analysis, communicate the results, and to generate evidence-based teaching strategies. Engaging in these decision-making processes builds the skills essential to action research and promotes a deeper understanding of teaching practice. Special Features Include: -An Interactive Text -Reflection Questions and Activity Prompts -A Sample Action Research Report -Numerous Examples and Practice Examples -Numbered Sections for Cross Referencing This original text is a must-read for teachers interested in how they can use their current knowledge of instruction and assessment to meaningfully engage in action research. (shrink)
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Handbook of Visual Communication: Theory, Methods, and Media.Sheree Josephson &James D. Kelly -2020 - Routledge.detailsThis Handbook of Visual Communication explores the key theoretical areas and research methods of visual communication. With chapters contributed by many of the best-known and respected scholars in visual communication, this volume brings together significant and influential work in the discipline. The second edition of this already-classic text has been completely revised to reflect the metamorphosis of communication in the last 15 years and the ubiquity of visual communication in our modern mediated lifestyle. Thriteen major theories of communication are defined (...) by the top experts in their fields: perception, cognition, aesthetics, visual rhetoric, semiotics, cultural studies, ethnography, narrative, media aesthetics, digital media, intertextuality, ethics, and visual literacy. Each of these theory chapters is followed by an exemplar study or two in the area, demonstrating the various methods used in visual communication research as well as the research approaches applicable for specific media types. The Handbook of Visual Communication is a theoretical and methodological handbook for visual communication researchers and a compilation for much of the theoretical background necessary to understand visual communication. It is required reading for scholars, researchers, and advanced students in visual communication, and it will be influential in other disciplines such as advertising, persuasion, and media studies. The volume will also be essential to media practitioners seeking to understand the visual aspects of how audiences use media to contribute to more effective use of each specific medium. (shrink)
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Alcohol and Sports in Hemingway's Paris.Jack Kelly -2022 -Constellations 13 (1&2).detailsIn the aftermath of the horrors of the First World War and during the years of American Prohibition, Paris became a cheap and popular tourist destination as well as the home to a new generation of aspiring writers from artists including Pablo Picasso, F. Scott Fitzgerald, Gertrude Stein, James Joyce, and Ernest Hemingway. Novels written during that period and memoirs remembering it have described the exciting, boozy community there but none have been read as widely as Hemingway’s The Sun Also (...) Rises and A Moveable Feast. This paper aims to discuss the ways in which alcohol and sports play a part in the community of American expatriates in 1920s Paris and how this can be seen in particular in Hemingway’s works. It will also discuss how the prevalence of alcohol and sports in this period affected Hemingway and his work for the rest of his life. (shrink)