Patronizing the Public is the first detailed and comprehensive examination of how American philanthropy has transformed culture, communication, and the humanities. Drawing on an impressive range of archival and secondary sources, the chapters in the volume shed light on philanthropic foundations have shaped numerous fields, including film, television, radio, journalism, drama, local history, museums, as well as art and the humanities in general.

In February 1993, Judge Charles R. Richey of the United States District Court issued a summary judgment in the case of Animal Legal Defense Fund, et al. v. The Secretary of Agriculture, et al. The decision, which was in favor of the Animal Legal Defense Fund, requires the U.S. Department of Agriculture to withdraw its current regulations governing exercise for dogs and the psychological well-being of nonhuman primates used for biomedical research and to issue new regulations containing only minimum, (...) measurable standards. Both plaintiffs and defendants contended that they were seeking the best interests of the laboratory animals. The issue at stake is whether animals are better protected if the government establishes limited minimal standards or is allowed to require institutions to provide additional standards, which will be judged on the basis of their effectiveness in maintaining healthy animals. The Court avoided this dispute, however, by placing primary emphasis on applying the Administrative Procedures Act and stating that it was merely interpreting the "plain meaning" of the Animal Welfare Act, as amended. In this article, arguments are presented for interpreting the law in a far more flexible way than Judge Richey did. The conclusion is also reached that there were no winners in the Animal Legal Defense Fund case and that the real losers are the laboratory animals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:To Be or Not to Be:Waiving Informed Consent in Emergency ResearchCharles R. McCarthy (bio)The requirements for prior, legally authorized informed consent constitute a necessary condition for recruiting subjects into biomedical or behavioral research. However, informed consent requirements pose a serious problem for most research conducted in emergency care settings. For this reason, the Food and Drug Administration's (FDA) regulations governing investigational devices and the Department of Health and (...) Human Services' (HHS) regulations for the protection of human subjects allow narrow exceptions to the general requirements of informed consent. In a joint effort to clarify the applicability of the current FDA regulations and to better understand the intent of the HHS regulations as they apply to emergency research, the FDA and the National Institutes of Health (NIH) cosponsored a public forum on the ethical conduct of emergency research in January 1995.Although the forum was not designed as a consensus conference and participants vigorously disagreed on some of the details, a broad consensus emerged on several major points: (1) both HHS and FDA regulations should, in the immediate future, be interpreted to allow for randomized clinical trials in emergency situations so long as the subjects are carefully protected; and (2) consideration should be given to producing new, closely harmonized regulations from both agencies that will provide greater clarity concerning what kinds of emergency research may be allowed without obtaining prior informed consent.The FDA-NIH forum in January was occasioned primarily by controversy about the hypothermia research protocol described below, but it is obvious that many other kinds of emergency research also await the outcome of deliberations concerning waiver of informed consent in emergency situations. These include research into the care and treatment of: occlusive stroke; subarachnoid hemorrhage due to intracranial aneurysm; metabolic coma; status epilepticus; cardiac arrest; myocardial infarction; cardiac arrhythmia; hemorrhagic shock; pulmonary embolism; acute asthmatic attack; and poisoning. All of these conditions [End Page 155] are encountered in emergency settings where obtaining informed consent from the patient-subjects to participate in research is seldom possible, and obtaining consent from legally authorized representatives of the subjects is either not feasible, or, if obtained, is of doubtful validity.The Hypothermia Research Case and HHS RegulationsA $7.2 million grant for research on the use of hypothermia in the treatment of severe head trauma, the largest award ever made to the University of Texas Health Sciences Center at Houston, is in danger of expiring before the study is completed. The protocol, which involves the use of cooling blankets to induce hypothermia in patients suffering from severe head injuries, is designed to test the hypothesis that: "Early lowering of the body temperature of patients suffering from severe head trauma to approximately 91 degrees Fahrenheit will slow patients' metabolism and will/will not, as a consequence, reduce the rates of both morbidity and mortality in these patients." The protocol was approved by seven Institutional Review Boards (IRBs), each of which waived the requirement to obtain informed consent from research subjects in accordance with Sec. 46. 116(d) of the HHS Regulations for the Protection of Human Subjects.1However, NIH's Office for Protection from Research Risks (OPRR), which is responsible for assuring compliance with the HHS regulations, has taken a controversial regulatory position by requiring informed consent from a legally authorized representative of each subject to be entered in the hypothermia trial. Because the obtaining of surrogate consent has proved to be very difficult, OPRR's position has slowed the research to a point where it may have to be terminated.At issue in the controversy is a fundamental question of ethics and public policy. Is it ever permissible to involve incompetent subjects in research without either their consent, or the consent of their legally authorized representatives? Pertinent HHS regulations for the protection of human subjects seem to answer the question affirmatively by allowing local IRBs to waive some or all of the elements of informed consent under carefully limited circumstances (45 CFR 46 116(d)). Nevertheless, OPRR has signalled the research community that use of the informed consent waiver provision for the Houston hypothermia study is not permitted under the regulations. OPRR judged that the risks... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:When OPRR Comes Calling:Enforcing Federal Research RegulationsCharles R. Mccarthy (bio)In an update following this article, Ruth Macklin responds to the revelation that the controversial Hall-Stillman embryo-splitting experiment at George Washington University was conducted—contrary to federal regulations—without prior institutional review board (IRB) review. This revelation altered Dr. Macklin's view of the ethical status of the research. Undoubtedly such revelations also raise general questions for administrators and researchers in many (...) institutions, including, for example: How do allegations of noncompliance with federal regulations arise? When should allegations of infractions of the regulations be reported? Who has an obligation to report? To whom should reports be made? What sort of inquiry should take place? Who should conduct the inquiry? If a determination is made that infractions have occurred, what sanctions are appropriate? And, what publicity is given to the allegations, before, during, and after an evaluation?Some of these questions can be answered in a straightforward manner, while the answers to others depend on the circumstances of the case. This article provides some general answers to these questions.1BackgroundThe Department of Health and Human Services (DHHS) is the largest supporter of biomedical and behavioral research in the world. Somewhere between 25 and 33 percent of its medical research budget is devoted to the support of research involving human subjects. In accordance with the Public Health Service Act, DHHS has issued Regulations for the Protection of Human Subjects (45 CFR 46). The DHHS Secretary has delegated responsibility for promulgating and administering the regulations to the Office for Protection from Research Risks (OPRR), which is located within the National Institutes of Health.When an institution receives an award from a DHHS agency to carry out research involving human subjects, it is required to negotiate, or to have on file, an "assurance of compliance" document that provides detailed information [End Page 51] specifying how the institution plans to comply with the regulations for the protection of human subjects. Most major research institutions in the country have on file a "multiple project assurance" (MPA) document, which extends DHHS regulations to all human subjects research conducted or sponsored by that institution, irrespective of the source of funding. The regulations and the assurance of compliance require any research project involving human subjects to be reviewed and approved by an institutional review board (IRB) prior to initiation of the research. In addition, the project must be re-reviewed by the IRB at appropriate intervals—in no case, less than once a year. Institutional compliance with these and other requirements of the regulations has improved during the last 30 years and appears to be at a high level. However, from time to time, allegations of noncompliance arise, as they did in the George Washington University embryo-splitting experiment, and set in motion the review process described below.How do Allegations of Noncompliance Arise?Allegations or indications of noncompliance with federal regulations for the protection of human subjects may come from a variety of sources. Most commonly, the institution's IRB discovers that research involving humans is going forward without the required prior IRB review and approval, or that approved research is being conducted in a way that is contrary to the stipulations of the IRB. The Hall-Stillman case came to the attention of George Washington University's IRB because the research protocol was submitted to the IRB after the research had been carried out. In this case, there could be no doubt that an infraction had occurred.Information about possible noncompliance also frequently derives from a funding agency's Initial Review Group (IRG) (commonly called a Study Section) when it has reason to suspect noncompliance in a project it is reviewing for possible funding. An actual case that occurred some years ago involved a research application that proposed to perform brain biopsies on normal volunteers. The IRG that reviewed the application lost little time in questioning whether an IRB had approved the protocol. In this case, it was not enough for the IRG to recommend disapproval of the proposal for funding; it also was obliged to report the possible infraction to OPRR.Whistleblowers, including research subjects, nurses, students, members of the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Update on Waiving Informed Consent in Emergency ResearchCharles R. McCarthyMadam: The closing statement of my article on Waiving Informed Consent in Emergency Research published in the June 1995 issue of the Kennedy Institute of Ethics Journal was: "No doubt we shall hear more of this issue."Indeed, we have heard much more on this issue. (1) In May 1995, after my article had already gone to press, the Food and (...) Drug Administration (FDA) and the National Institutes of Health (NIH) jointly published a report on the Public Forum on Informed Consent in Clinical Research Conducted in Emergency Circumstances. (2) On July 26, 1995, the Department of Health and Human Services (HHS) published in the Federal Register a Notice of Action Related to Emergency Research Activity (60 FR 38353-54). This action constituted a waiver of the requirement to obtain prior informed consent from subjects, as required by the Department's Regulations for the Protection of Human Subjects (45 CFR 46), for one specific NIH-funded project under strictly defined circumstances. (3) On September 21, 1995, FDA published a proposed rule to amend its current informed consent regulations (21 CFR 50) to permit harmonization of federal policies on emergency research and to reduce confusion as to when such research can proceed without obtaining prior informed consent from research subjects. The proposed regulation provides a narrow exception to the requirement for obtaining and documenting informed consent from each human research subject.The HHS waiver (a harbinger of a proposed amendment to its regulations) and the FDA proposed rule are intended to be harmonized so that an Institutional Review Board (IRB) in compliance with one set of regulations relative to the waiver of informed consent will be, ipso facto, in compliance with the other set of regulations.In brief: The FDA proposed amendments will allow an IRB to waive informed consent in emergency situations when:1. The human subjects are in a life threatening condition;2. Obtaining informed consent is not feasible because: (i) the subjects will not be able to provide consent because of their medical condition, (ii) the intervention must be administered before consent from legally authorized representatives is feasible, (iii) there is no reasonable way to identify prospectively the individuals likely to become eligible for the research because the emergence of the condition to be studied cannot be predicted reliably in particular individuals; [End Page 385]3. The opportunity to participate is in the interest of the subjects because: (i) a life threatening situation necessitates intervention, (ii) the risk of the intervention is reasonable in the light of what is known about the medical condition and the patient, the risks and benefits of current therapy, if any, and what is known about the risks and benefits of the proposed intervention or activity;4. The research could not practicably be carried out without the waiver;5. Additional protection of the rights and welfare of the subjects will be provided including, at least: (i) consultation (which may include consultation carried out by the IRB itself) with representatives of the communities from which the subjects will be drawn, (ii) public disclosure prior to commencement of the study sufficient to describe the study and its risks and benefits, (iii) public disclosure of sufficient information following completion of the study to apprise the community and researchers of the study and its results, and (iv) the establishment of an independent data and safety monitoring board;6. The IRB has reviewed and approved an informed consent document for use with subjects or legal representatives in situations in which obtaining such consent may be feasible for some subjects.The preamble to the proposed amendments to the regulations and the amendments themselves contain much more information than is presented here. Readers are therefore encouraged to study the proposals carefully. The public comment period ended November 6, and the FDA is expected to issue a final rule in 1996.Charles R. McCarthyKennedy Institute of Ethics Georgetown University Washington, DCCopyright © 1995 The Johns Hopkins University Press... (shrink)

The article offers a proposal about natural law inquiry in terms of knowledge attendant in the practices of a craft. We begin by discussing Aristotle’s analogical use of crafts in considering knowledge of ethics and politics in the Nicomachean Ethics. We inquire further into craft as a way of knowing by consulting the works of psychologist Mihaly Csikszentmihalyi and sociologist Richard Sennett. The framework of a craft is connected to moral realism through an analysis of works by Iris Murdoch and (...) Simone Weil. Finally we provide a proposal for natural law inquiry in relation to the embodied and embedded nature of craft. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A New Look at Animal-to-Human Organ TransplantationCharles R. McCarthy (bio)The acute shortage of organs available for transplantation into human beings combined with a new scientific understanding of the immune systems of both humans and animals make it probable that animal-to-human solid organ transplants (xenografts) may soon be attempted at a frequency rate unknown in the past. 1 Optimism about successful animal-to-human organ transplantation is greater than at any (...) previous time. The creation of a reliable supply of animal organs appears to be technically feasible. At least five major transplant centers in the United States are currently considering plans to pursue xenotransplantation. Although, at the time of this writing, no federal guidelines prohibit animal-to-human organ transplantation, the institutions considering such programs are awaiting deliberations on the subject by the Institute of Medicine (IOM), the Food and Drug Administration (FDA), and the Department of Health and Human Services (DHHS).The demand for organs suitable for transplantation into human beings greatly exceeds the supply. According to the United Network for Organ Sharing (UNOS 1996a), approximately 44,000 patients in the United states awaited organ transplantation at the end of 1995. In 1994, more than 3,000 patients died while on the transplant waiting list, and the demand for transplantable organs increases annually (UNOS 1996b). The figures do not include the hundreds or perhaps thousands of patients who could profit from a transplant, but who do not meet the requirements of the UNOS waiting list. Even if efforts to persuade persons to donate organs are redoubled, and even if the consent to donate organs should become a legal presumption, there is little prospect of developing a sufficient supply of transplantable human organs to meet the growing demand.As technical and biological barriers to successful animal-to-human xenografts are lowered, the prospect of raising dedicated colonies of animals, genetically altered to reduce the chances that human hosts will reject organs derived from them, is being seriously discussed. 2 Such colonies do not exist at the present time. [End Page 183] However, if new techniques for animal-to-human transplantation prove successful, it is likely that animal colonies will be established to provide a ready and predictable supply of organs for transplantation to humans. Some believe that commercial investment in colonies of purpose-bred animals to serve as a source of transplantable organs is close at hand (Leventhal 1994).New drugs and new combinations of existing drugs have improved the chances of successful medical outcomes for patients who receive solid organ transplants. It is now recognized that serial application of immunosuppressive drugs can reduce the likelihood of both short- and long-term organ rejection (Makowka 1994). Improved understanding of both human and animal immune systems, insights into histocompatibility, new agents to control graft-versus-host disease, animal breeding programs for the production of transgenic animals, and improved surgical techniques have opened, as never before, the possibility of successful transfer of organs from animals to humans. Some rate the chances of good patient outcomes (usually measured in terms of time of patient survival) as high, others make more conservative predictions, but virtually all experts believe that the chances for successful human patient outcomes resulting from xenotransplantation are improved. Because many patients face immanent death unless their organs can be replaced, there can be little doubt that many humans will readily consent to xenotransplantation.History Suggests CautionDespite the advances in immunosuppression, the frequency of failure in past animal-to-human xenograft attempts should temper the optimism of the transplant community. To date, all efforts to prolong human life by implanting solid organs from animals into human recipients have failed. The first attempts at animal-to-human xenotransplantation early in the twentieth century resulted in the early death of all recipients (Neuhof 1923). More sophisticated efforts at xenotransplantation occurred in the late 1960s and early 1970s, a period when anti-rejection drugs began to make allografts more feasible. Although one human recipient of a xenograft survived for nine months (with poor quality of life), most patients died within a matter of minutes, hours, or a few days following the transplantation of organs from chimpanzees or baboons (Starzl... (shrink)

Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a theory of international politics should include a revised principle of state autonomy based on the justice (...) of a state's domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

We present a minimum message length (MML) framework for trajectory partitioning by point selection, and use it to automatically select the tolerance parameter ε for Douglas-Peucker partitioning, adapting to local trajectory complexity. By examining a range of ε for synthetic and real trajectories, it is easy to see that the best ε does vary by trajectory, and that the MML encoding makes sensible choices and is robust against Gaussian noise. We use it to explore the identification of micro-activities within a (...) longer trajectory. This MML metric is comparable to the TRACLUS metric – and shares the constraint of abstracting only by omission of points – but is a true lossless encoding. Such encoding has several theoretical advantages – particularly with very small segments (high frame rates) – but actual performance interacts strongly with the search algorithm. Both differ from unconstrained piecewise linear approximations, including other MML formulations. (shrink)

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

In this revised edition of his 1979 classic Political Theory and International Relations, Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a theory of international (...) politics should include a revised principle of state autonomy based on the justice of a state’s domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

The collapse of historicism was not merely the demise of an academic tradition but signified a shift in the understanding of hermeneutics and metaphysics. Whereas earlier books have explored the rise and dominance of historicism within academic history, this is the first to trace its collapse and to show how it was shaped by larger philosophical and scientific concerns. Charles R. Bambach's lucid account of the demise of historicism within the context of German metaphysics provides a rich new perspective (...) on the development of the young Heidegger's concept of "historicity" and on the origins of postmodern thought. Bambach reconstructs the methodological debates arising from a pervasive sense of crisis among German philosophers in the late nineteenth century. He details the divergent attempts by the Neo-Kantians, Nietzsche, and Dilthey to overcome the limitations of historical relativism. Heidegger's view of "historicity," Bambach shows, radically transforms the problematic of historicism into a discourse concerning the crisis of philosophical modernity. (shrink)

This book is meant to help resolve a couple of uncertainties.

Philosophical attention to problems about global justice is flourishing in a way it has not in any time in memory. This paper considers some reasons for the rise of interest in the subject and reflects on some dilemmas about the meaning of the idea of the cosmopolitan in reasoning about social institutions, concentrating on the two principal dimensions of global justice, the economic and the political.

Global economic and political inequalities are in most respects greater today than they have been for decades. From one point of view inequality is a bad thing simply because it involves a deviation from equality, which is thought to have value for its own sake. But it is controversial whether this position can be defended, and if it can, whether the egalitarian ideal on which the defense may depend applies at the global level as in individual societies. Setting aside directly (...) egalitarian reasons for concern about global inequality, this paper explores several reasons for concern that derive from nonegalitarian values – primarily those associated with poverty and material deprivation, humiliation, the impact of inequality on the capacity for self‐control and self‐government, and the unfairness of political decision‐making procedures with large economic inequalities in the background. (shrink)

"The Moral Standing of States" is the title of an essay Michael Walzer wrote in response to four critics of the theory of nonintervention defended in "Just and Unjust Wars." It states a theme to which he has returned in subsequent work. Beitz offers four sets of comments.

The description for this book, Political Equality: An Essay in Democratic Theory, will be forthcoming.

James's Fairness in Trade seeks to offer an account of fair trade that is “internal” to an existing practice he describes as “mutual market reliance.” This paper distinguishes several senses of the distinction between “internal” and “external” that occur in the book and asks how, in its various senses, the distinction shapes and influences judgments about the fairness of the practice.

This book is comprised of essays previously published in Philosophy & Public Affairs and also an extended excerpt from Michael Walzer's Just and Unjust Wars.

Nihilism, Nietzsche and the Doppelganger Problem Was Nietzsche a nihilist? Yes, because, like J. L. Mackie, he was an error-theorist about morality, including the elitist morality to which he himself subscribed. But he was variously a diagnostician, an opponent and a survivor of certain other kinds of nihilism. Schacht argues that Nietzsche cannot have been an error theorist, since meta-ethical nihilism is inconsistent with the moral commitment that Nietzsche displayed. Schacht’s exegetical argument parallels the substantive argument (advocated in recent years (...) by Wright and Blackburn) that Mackie’s error theory can’t be true because if it were, we would have to give up morality or give up moralizing. I answer this argument with a little bit of help from Nietzsche. I then pose a problem, the Doppelganger Problem, for the meta-ethical nihilism that I attribute to Mackie and Nietzsche. (If A is a moral proposition then not-A is a moral proposition: hence not all moral propositions can be false.) I solve the problem by reformulating the error theory and also deal with a variant of the problem, the Reinforced Doppelganger, glancing at a famous paper of Ronald Dworkin’s. Thus, whatever its demerits, the error theory, is not self-refuting, nor does it require us to give up morality. (shrink)

Global Basic Rights brings together many of the most influential contemporary writers in political philosophy and international relations to explore some of the most challenging theoretical and practical questions provoked by Henry Shue's classic book Basic Rights.

Abstractftz is one of the ‘pair rule’ segmentation genes of Drosophila melanogaster, and is an important component of the segmentation process in the fruit fly. We discuss the transcriptional mechanism which causes ftz to be expressed in a seven stripe pattern during embryogenesis.

Contemporary approaches to the science of communication and control show some striking conceptual parallels with traditional aristotelian-Thomistic thought and suggest the major themes treated in this study: (a) the intellectual validity and necessity of non-Empirical models of the universe, (b) the clarification of traditional concepts of "form" and "in-Form-Ation" brought by communications theory, (c) the relation of form to the sensible and intelligible "species", (d) possible modes of persistence of the individual human "psyche" as an integral information pattern unified in (...) a systemic whole by the "selfness" manifest in human consciousness. The concepts of "system" and "information" are employed to analyze formal hierarchical relations and evolutionary processes in terms of structural and functional complexity, Perception, Self-Regulation, And consciousness. (shrink)

My first paper on the Is/Ought issue. The young Arthur Prior endorsed the Autonomy of Ethics, in the form of Hume’s No-Ought-From-Is (NOFI) but the later Prior developed a seemingly devastating counter-argument. I defend Prior's earlier logical thesis (albeit in a modified form) against his later self. However it is important to distinguish between three versions of the Autonomy of Ethics: Ontological, Semantic and Ontological. Ontological Autonomy is the thesis that moral judgments, to be true, must answer to a realm (...) of sui generis non-natural PROPERTIES. Semantic autonomy insists on a realm of sui generis non-natural PREDICATES which do not mean the same as any natural counterparts. Logical Autonomy maintains that moral conclusions cannot be derived from non-moral premises.-moral premises with the aid of logic alone. Logical Autonomy does not entail Semantic Autonomy and Semantic Autonomy does not entail Ontological Autonomy. But, given some plausible assumptions Ontological Autonomy entails Semantic Autonomy and given the conservativeness of logic – the idea that in a valid argument you don’t get out what you haven’t put in – Semantic Autonomy entails Logical Autonomy. So if Logical Autonomy is false – as Prior appears to prove – then Semantic and Ontological Autonomy would appear to be false too! I develop a version of Logical Autonomy (or NOFI) and vindicate it against Prior’s counterexamples, which are also counterexamples to the conservativeness of logic as traditionally conceived. The key concept here is an idea derived in part from Quine - that of INFERENCE-RELATIVE VACUITY. I prove that you cannot derive conclusions in which the moral terms appear non-vacuously from premises from which they are absent. But this is because you cannot derive conclusions in which ANY (non-logical) terms appear non-vacuously from premises from which they are absent Thus NOFI or Logical Autonomy comes out as an instance of the conservativeness of logic. This means that the reverse entailment that I have suggested turns out to be a mistake. The falsehood of Logical Autonomy would not entail either the falsehood Semantic Autonomy or the falsehood of Ontological Autonomy, since Semantic Autonomy only entails Logical Autonomy with the aid of the conservativeness of logic of which Logical Autonomy is simply an instance. Thus NOFI or Logical Autonomy is vindicated, but it turns out to be a less world-shattering thesis than some have supposed. It provides no support for either non-cognitivism or non-naturalism. (shrink)

Professor Flathman's main aim in this interesting paper is to set forth what we might call the “moderation thesis.” It holds that there may be occasions when the best thing to do, all things considered, is to violate a right – at least if the violation takes the form of what Flathman calls “civil encroachment” or “civil non-enforcement.” Moreover, it would be desirable, in a society whose practices include rights, for this belief to be generally accepted, so that those who (...) engaged with good reason in “civil encroachment” would receive the sympathetic support of the community. Let me begin by trying to explain the source of the problem to which this thesis is a response. As Flathman notes, rights have a discretionary character: if I have a right to do or to have something, it is up to me whether to do it or to have it. Having a right, I am entitled to make a choice. Since we cannot say, in advance, what choice I will make, we cannot say, in advance, what will be the state of the world after I make it. But since it seems plain that some states of the world are more desirable than others, it will always be possible that the consequences of my choice will be worse, on the whole, than the consequences of some other choice that I might have made but did not. To moderate rights is apparently to act in ways that redress or compensate for the undesirable results of their exercise. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Wilhelm Dilthey, Selected Works, Volume IV: Hermeneutics and the Study of History ed. by Rudolf A. Makkreel, Frithjof RodiCharles BambachRudolf A. Makkreel and Frithjof Rodi, editors. Wilhelm Dilthey, Selected Works, Volume IV: Hermeneutics and the Study of History. Princeton: Princeton University Press, 1996. Pp. xii + 409. Cloth, $59.50.Contemporary hermeneutics has been dominated by the work of Heidegger and Gadamer. Their phenomenological approach to the human world has (...) exerted such a powerful influence in recent years that one can hardly enter a discussion about the philosophical meaning of hermeneutics that is not already framed in the terms of their discourse. At the same time, there is less familiarity with the origins and sources of the hermeneutic method or with the thought of Wilhelm Dilthey. The editors of Dilthey’s Selected Works, Rudolf Makkreel and Frithjof Rodi, have set about trying to rectify this situation. They have sought to provide a richer context for the study of hermeneutics by bringing out a six-volume collection of writings from one of the major hermeneutical philosophers in the Western tradition. The publication of Volume Four in this series helps to accomplish this task by offering new translations of important Dilthey texts covering both the history and genesis of hermeneutics and a genealogical account of Dilthey’s own hermeneutical approach to history. Only one short essay in this volume, “The Rise of Hermeneutics” (1900), has been published before, and even this older translation has been revised and supplemented by material from the Nachlass. But what is the significance of this material and how does it help to achieve a fuller understanding of hermeneutics and its history?The selections in Volume Four cover the period from 1860 to 1903 with a heavy emphasis on the period from 1860 to 1868 (over two-thirds of the book focuses on Dilthey’s 1860 Preisschrift on “Schleiermacher’s Hermeneutical System in Relation to Earlier Protestant Hermeneutics,” notes from his 1867–68 lectures “On Understanding and Hermeneutics,” and three reviews from 1862 on historical literature from Buckle, Burckhardt, and F.C. Schlosser). The remaining essays from 1900–1903 provide a sense of Dilthey’s later reflections on hermeneutics and on the meaning of the eighteenth century for historiography and as a philosophical approach to history. The editors of this collection have chosen these texts carefully; the selections in Volume Four are organized around a specific theme. By culling significant early texts about hermeneutics and history and juxtaposing them with a number of later texts on the same topics, they hope to show the genesis of Dilthey’s own path of thought. What emerges from an attentive reading of these sources—especially when carried out within the context of the editors’ own principle of selection—is a highly persuasive view of Dilthey and his work. In the texts themselves we see Dilthey moving from his earlier role as the chronicler and historian of Protestant thought (who conceives of hermeneutics as an ancillary method of textual exegesis) to his later position as the philosopher of the historical world (who views hermeneutics as the epistemological method for the grounding of the human sciences). What we see here is a developmental account of Dilthey’s thought path: from the traditional scholar who conceives of hermeneutics as a method for interpreting texts to the philosopher who understands it as the fundamental science for interpreting historical life. This shift within Dilthey’s work from a hermeneutics of textuality to a hermeneutics of historicity marks an important turning point in the history of the hermeneutical [End Page 641] tradition, a turning point that helped to form the basis of all later philosophical hermeneutics.The five essays from Part Two—“Interpretations of History”—offer a smattering of Dilthey’s own writings on historiography, the theory of history, and the role of the eighteenth-century German tradition in forging an historicist understanding of “human affairs” (373) whose “organic nexus” and “inner purposiveness as a whole” opened up a radically new conception of historical being. Most contemporary continental philosophers will get lost in the textured details of Dilthey’s analyses because what passes for “philosophy” in our epoch pales by comparison with the rich... (shrink)

Milgram’s experiments, subjects were induced to inflict what they believed to be electric shocks in obedience to a man in a white coat. This suggests that many of us can be persuaded to torture, and perhaps kill, another person simply on the say-so of an authority figure. But the experiments have been attacked on methodological, moral and methodologico-moral grounds. Patten argues that the subjects probably were not taken in by the charade; Bok argues that lies should not be used in (...) research; and Patten insists that any excuse for Milgram’s conduct can be adapted on behalf of his subjects. (Either he was wrong to conduct the experiments or they do not establish the phenomenon of immoral obedience). We argue a) that the subjects were indeed taken in b) that there are good historical reasons for regarding the experiments as ecologically valid, c) that lies (though usually wrong) were in this case legitimate, d) that there were excuses available to Milgram which were not available to his subjects and e) that even if he was wrong to conduct the experiments this does not mean that he failed to establish immoral obedience. So far from ‘disrespecting’ his subjects, Milgram enhanced their autonomy as rational agents. We concede however that it might (now) be right to prohibit what it was (then) right to do. (shrink)