Search Results

 Euthanasia

Bernard Gert, Charles M. Culver, and K. Danner Clouser

in Bioethics: A systematic approach

This chapter discusses why euthanasia presents a moral dilemma for physicians. It shows that trying to distinguish between active and passive euthanasia in any of the following four ways: (1) acts ... More

This chapter discusses why euthanasia presents a moral dilemma for physicians. It shows that trying to distinguish between active and passive euthanasia in any of the following four ways: (1) acts versus omissions, (2) withholding versus withdrawing, (3) ordinary care versus extraordinary care, or (4) whether death is due to natural causes, does not work. It then shows that using the distinction between patient requests and patient refusals does provide an adequate way to make this distinction. It provides an analysis of killing and discusses the Supreme Court decision concerning assisted suicide.Less

Conversational Strategies Used to Create Crimes

Roger W. Shuy

in Creating Language Crimes: How Law Enforcement Uses (and Misuses) Language

The single agenda of undercover police work is to capture crime on tape. Conversational strategies are usually considered unconscious behavior, but there is reason to suspect that undercover taping ... More

The single agenda of undercover police work is to capture crime on tape. Conversational strategies are usually considered unconscious behavior, but there is reason to suspect that undercover taping is more intentional. This chapter introduces and illustrates the eleven powerful conversational strategies: ambiguity, blocking, hit and run, contaminating, camouflaging illegality, isolating the target, inaccurate restatements, withholding important information, lying, and scripting.Less

A Rogue Cop and Every Strategy He Can Think Of: The Wenatchee Washington Sex Ring Case

Roger W. Shuy

in Creating Language Crimes: How Law Enforcement Uses (and Misuses) Language

Between 1994 and 2000, a Wenatchee Washington police officer with a warped imagination managed to enmesh 43 adults and 60 children in one of the most bizarre sexual abuse and sex orgy cases in ... More

Between 1994 and 2000, a Wenatchee Washington police officer with a warped imagination managed to enmesh 43 adults and 60 children in one of the most bizarre sexual abuse and sex orgy cases in history. He made no tape recording of his interviews with witnesses and he claimed to have destroyed any notes he may have made. His entire evidence of misconduct was the confession statements that he wrote down and had them sign. Based on the alleged verbatim confessions, along with trial transcripts of the targets’ testimony, it was possible to show that he used the conversational strategies of interruption, ambiguity, camouflaging, ignoring “no” responses, scripting, withholding important information, and inaccurately restating what they said.Less

Tax Administration and Tax Equity

Hiromitsu Ishi

in The Japanese Tax System

Attempts an in‐depth analysis on major issues of tax administration and practices in view of tax equity. Stress is made to the importance of using the withholding collection.

Deception and Related Concepts

Thomas L. Carson

in Lying and Deception: Theory and Practice

Deception can be defined roughly as intentionally causing someone to have false beliefs, but this definition needs to be qualified to deal with certain cases, including the following. I intentionally ... More

Deception can be defined roughly as intentionally causing someone to have false beliefs, but this definition needs to be qualified to deal with certain cases, including the following. I intentionally cause you to believe statement X and X is false, but I neither believe that X is true nor believe that X is false. The chapter also discuss several other cases that may require modifications of this definition and formulate several revised versions of the definition; the chapter counts cases in which people intentionally cause others to persist in false beliefs as cases of deception. There are two main differences between lying and deception. First, unlike “lying,” “deception” implies success. An act must actually cause someone to have false beliefs in order to count as a case of deception. Intentional false statements need not succeed in deceiving others in order to count as lies. Second, although a lie must be a false statement, deception need not involve making a false statement; true statements can be deceptive, and many forms of deception do not involve making statements of any sort. Thus, many instances of deception do not constitute lying. The chapter also explains the relationship between deception and the notions of withholding information, concealing information, “keeping someone in the dark,” “spin,” and “half‐truths,” and the chapter analyzes the relationship between lying, deception, and bullshit. Harry Frankfurt, to the contrary, suggests bullshit does not require the intent to deceive and bullshit can constitute lying. The chapter also argues that Frankfurt's famous claim that bullshitters, qua bullshitters, are unlike liars in that they are unconcerned with the truth (unconcerned with knowing “how things are”) is mistaken. As Frankfurt claims that unconcern with the truth is the essence of bullshit, this shows that his analysis of bullshit is mistaken.Less

Deception and Withholding Information in Sales

Thomas L. Carson

in Lying and Deception: Theory and Practice

The chapter argues that salespeople have prima facie duties to: (1) warn customers of potential hazards; (2) refrain from lying and deception; (3) fully and honestly answer questions about what they ... More

The chapter argues that salespeople have prima facie duties to: (1) warn customers of potential hazards; (2) refrain from lying and deception; (3) fully and honestly answer questions about what they are selling (insofar as their knowledge and time constraints permit); and (4) refrain from steering customers toward purchases they have reason to think will be harmful to customers. The chapter defend this theory by appeal to the version of golden rule and the strong presumption against harmful lying and deception established in Chapters 6 and 7. The chapter also analyzes cases of deception and withholding information in sales. This chapter gives the book's most detailed application of the golden rule to particular cases.Less

Withholding and Withdrawing Curative Treatments

David J. Bearison

in When Treatment Fails: How medicine cares for dying children

This chapter discusses issues in withholding and withdrawing curative treatments for a child under palliative care. It tries to determine the proper time to discontinue the treatments and when to ... More

This chapter discusses issues in withholding and withdrawing curative treatments for a child under palliative care. It tries to determine the proper time to discontinue the treatments and when to stop. One section centers on the various ethical principles and ethical practices involved, while another studies patient autonomy in pediatrics. The rest of the chapter is devoted to providing various narratives depicting instances where medical staff deals with parents refusing to withhold or withdraw the curative treatments on their child.Less

Lying, Deception, and Related Concepts

Thomas L. Carson

in The Philosophy of Deception

This chapter offers a thorough canvass of the literature on the definition of lying available today. It offers definitions of the concepts of lying and deception and explains the distinctions between ... More

This chapter offers a thorough canvass of the literature on the definition of lying available today. It offers definitions of the concepts of lying and deception and explains the distinctions between lying, deception, withholding information, “keeping someone in the dark”, bullshit, spin, and half-truths. It shows that many of the debates about the nature and morality of lying can be reduced to confusions and disagreements about definitions of the different phenomena. It develops its own definition of lying: “deception is intentionally causing someone to have false beliefs”.Less

Initiation, withdrawal, and withholding of dialysis: clinical

Lionel U Mailloux (ed.)

in Supportive Care for the Renal Patient

This chapter discusses decision-making in terms of dialysis, whether to withdraw, initiate, or withhold dialysis from a patient, as well as some of the general principles of communications between ... More

This chapter discusses decision-making in terms of dialysis, whether to withdraw, initiate, or withhold dialysis from a patient, as well as some of the general principles of communications between people with established renal failure and the professionals looking after them. The first section of this chapter presents a number of case studies and scenarios, as well as comments pertaining to these case studies. Before withdrawing or withholding dialysis from a patient, there are a number of factors that need to be considered, such as the possible reversible factors and the presence of an advance directive. The second section provides consideration in starting dialysis, withdrawing from dialysis, and withholding dialysis. The discussion includes a look at the perspective of the patients with regards to decision-making, the role of the family, and the factors relevant to all decisions facing people with ESRD.Less

Initiation, withdrawal, and withholding of dialysis: Communicating with patients and family

Tom Sensky and Celia Eggeling (eds)

in Supportive Care for the Renal Patient

This chapter discusses issues in starting dialysis, withdrawing from dialysis, and withholding dialysis. It begins by highlighting some general principles of communications between people with ... More

This chapter discusses issues in starting dialysis, withdrawing from dialysis, and withholding dialysis. It begins by highlighting some general principles of communications between people with established renal failure and the professionals looking after them. A general overview of these principles is provided. It also takes a look at the perspective of the patients with regards to decision-making, the role of the family, and the factors relevant to all decisions facing people with ESRD.Less

Veracity in the Doctor–Patient Relationship

Dagmar Wujastyk

in Well-Mannered Medicine: Medical Ethics and Etiquette in Classical Ayurveda

This chapter discusses the paternalistic nature of the doctor-patient relationship, and what this means for a physician's attitude towards giving or withholding information from a patient. The ... More

This chapter discusses the paternalistic nature of the doctor-patient relationship, and what this means for a physician's attitude towards giving or withholding information from a patient. The ayurvedic treatises advocate honesty as a virtue in the physician, but at the same time recommend that he use deception in certain circumstances. Deception plays a role in preserving patients from harm and ensuring patient compliance. The ayurvedic authors, however, also describe how deception can be used directly as a therapeutic tool. The therapies involved read as extreme interventions, and the moral implications of the use of both deception and violence are discussed at some length.Less

Epilogue: Religious Diversity in the Shadow of Ambiguity

Robert McKim

in On Religious Diversity

This chapter deals with some aspects of the implications of religious ambiguity for how one should respond to the fact of religious diversity. A case is made for trying to understand the point of ... More

This chapter deals with some aspects of the implications of religious ambiguity for how one should respond to the fact of religious diversity. A case is made for trying to understand the point of view of others on matters of religious significance and for an exploratory and curious approach that involves an attempt to learn about others and their traditions, history, perspectives, experiences, and so on. On the matter of salvation, the possibility of giving expression to a recognition of religious ambiguity by withholding judgment on the salvation of outsiders is considered. The chapter concludes with some examination of the implications for how an object of worship might be conceived of.Less

Trust, Cooperation, and Insincerity

Chris Heffer

in All Bullshit and Lies?: Insincerity, Irresponsibility, and the Judgment of Untruthfulness

This chapter teases out some key theoretical issues relating to the scope, ethics, and situated analysis of insincerity, as one of the two faces of untruthfulness. It begins by grounding sincerity in ... More

This chapter teases out some key theoretical issues relating to the scope, ethics, and situated analysis of insincerity, as one of the two faces of untruthfulness. It begins by grounding sincerity in an indispensable human need for trust and cooperation and notes how insincerity can breach trust. It then gives arguments for why the TRUST framework does not focus on deception. Grice’s implicature is considered fundamental to understanding insincerity within a framework of communicative cooperation, but his sincerity maxim unnecessarily narrows its scope. Instead, insincerity is viewed as the disruption of inquiry. By drawing on a psychological account of how untruthfulness works in situated discursive practice, the chapter argues that the concept of insincerity needs to be extended to cases of “editing out” where there is no textual clue to omission. This broadened conception of insincerity, which subsumes misleading and lying under withholding, is termed discursive insincerity.Less

Insincere Discourse Strategies

Chris Heffer

in All Bullshit and Lies?: Insincerity, Irresponsibility, and the Judgment of Untruthfulness

This chapter sets out a framework for analyzing insincere discourse strategies. Though not equivalent, there is sufficient overlap between insincerity and deception to begin by considering typologies ... More

This chapter sets out a framework for analyzing insincere discourse strategies. Though not equivalent, there is sufficient overlap between insincerity and deception to begin by considering typologies of deception based on Grice’s Cooperative Principle and the speaker’s communicative intentions and goals. However, the chapter argues for an approach to insincere discourse based on a number of communicative variables relating to pursuit of inquiry. Accordingly, the underlying insincere discourse strategy is considered to be withholding (failing to disclose what you believe you should disclose), while misleading involves linguistically leading the interlocutor astray with regard to that concealed knowledge either by suggestion (misleading without lying) or explicit assertion (lying). The insincere discourse strategies may be realized through sub-strategies (e.g., omitting, evading, and blocking) or more general pragmatic tactics (e.g., equivocating and falsely implicating). Insincere discourse becomes unethical or wrong when it is willful (i.e., it breaches trust and is not justifiably suspended).Less

Poisoning and Partisanship: An Analysis of the Salisbury Nerve Agent Attack

Chris Heffer

in All Bullshit and Lies?: Insincerity, Irresponsibility, and the Judgment of Untruthfulness

This chapter demonstrates an alternative “holistic” method of TRUST analysis in which the focus is not on individual claims or short sections of text with a few related claims, but on the general ... More

This chapter demonstrates an alternative “holistic” method of TRUST analysis in which the focus is not on individual claims or short sections of text with a few related claims, but on the general manifestation of untruthfulness with respect to a particular case. The chapter provides an extensive analysis of multiple claims regarding the poisoning of the Russian spy Sergei Skripal and his daughter Yulia in Salisbury, England, in March 2018. It opens with the prime minister’s short statement to Parliament just after the attack, which superficially but confusingly reminds us of Blair’s Preface, but this is used as a springboard for exploring various types of untruthful discourse that have emerged in relation to this international crisis. The framework thus becomes a way of structuring a much broader analysis of untruthfulness in international discourse. The study also demonstrates very clearly the role of social media in promoting epistemic partisanship.Less

Cum-Ex in Concept

Richard S Collier

in Banking on Failure: Cum-Ex and Why and How Banks Game the System

This chapter examines the essential features of the cum-ex trade and outlines the ‘base template’ which was the foundation for the later refinement and expansion of the trade. The chapter begins by ... More

This chapter examines the essential features of the cum-ex trade and outlines the ‘base template’ which was the foundation for the later refinement and expansion of the trade. The chapter begins by dealing separately with a number of the individual components that are relevant to the cum-ex trade: it explains the concept of dividend arbitrage, the workings of withholding taxes and tax credits, the distinction between cum-dividend and ex-dividend share sales, the idea of a settlement time lag, the workings of the dividend adjustment mechanism, and the concept of short selling. The discussion then explains how these individual components were assembled and synchronized in order to deliver the basic cum-ex trade.Less

The Emergence of Cum-Ex

Richard S Collier

in Banking on Failure: Cum-Ex and Why and How Banks Game the System

This chapter provides an explanation of how the cum-ex trade was designed to work in the German equities market. It describes the features of the market infrastructure that made the German share ... More

This chapter provides an explanation of how the cum-ex trade was designed to work in the German equities market. It describes the features of the market infrastructure that made the German share market fertile ground for the cum-ex trade, including the role of Clearstream as Germany’s central securities depository, and the way that dividends paid by German companies were treated for tax purposes. It then contrasts the intended operation of the settlement system with the unintended operation of the system that was exploited by the cum-ex trade. Finally, it explains that some German tax specialists took the view that the dividend and tax credit generated by the cum-ex trade should be respected for all relevant tax purposes in Germany. This was essential for the success of the cum-ex trade as it enabled the apparent tax credit to be repaid in cash or allowed as a credit to reduce an existing tax liability.Less

What’s So Special about a Return-Based Mass Tax?

Lawrence Zelenak

in Learning to Love Form 1040: Two Cheers for the Return-Based Mass Income Tax

This chapter describes three major consequences of the federal government's reliance on a highly visible return-based mass tax. First, the return-based income tax, coupled with inexact withholding, ... More

This chapter describes three major consequences of the federal government's reliance on a highly visible return-based mass tax. First, the return-based income tax, coupled with inexact withholding, has proven to be an enduring compromise between big-government proponents (who generally favor low-visibility, low-pain taxes, and for whom the ideal system might feature return-free exact withholding) and small-government proponents (who would prefer taxes to be as visible and as painful as possible, and for whom the ideal tax might be an income tax without withholding). Second, a return-based tax confers taxpayer status and a sense of fiscal citizenship in a way no retail sales tax, VAT, or return-free tax ever could. Third, the near-universal return-filing requirement, coupled with a tax return due date applicable to all individual taxpayers, has focused media attention on big-picture tax policy issues on and around every April 15.Less

Multiple Tax-System Instruments

Joel Slemrod and Christian Gillitzer

in Tax Systems

This chapter addresses tax-system instruments that are generally ignored in standard analyses, such as procedures for ensuring compliance, audit rates, penalties and reporting requirements. These ... More

This chapter addresses tax-system instruments that are generally ignored in standard analyses, such as procedures for ensuring compliance, audit rates, penalties and reporting requirements. These policy instruments include tax withholding, information reporting, and the assignment of remittance responsibility as well as public disclosure of tax liabilities and providing information to taxpayers. Recognizing these instruments highlights the central role in tax systems played by firms, and the importance of market transactions and the problems posed by the cash economy for tax enforcement. The chapter concludes by speculating on whether tax-system variation can explain the striking positive cross-country correlation between tax levels and per capita income.Less