Research to improve the health of pregnant and fetal patients presents ethical challenges to clinical investigators, institutional review boards, funding agencies, and data safety and monitoring boards. The Common Rule sets out requirements that such research must satisfy but no ethical framework to guide their application. We provide such an ethical framework, based on the ethical concept of the fetus as a patient. We offer criteria for innovation and for Phase I and II and then for Phase III clinical trials (...) to improve the health of pregnant patients and of fetal patients and also criteria to responsibly manage the transition from investigation to clinical practice. Basing ethical criteria for research involving pregnant women on the ethical concept of the fetus as a patient insulates the proposed ethical framework and therefore research on pregnant women from the divisive and politicized concepts and discourses of personhood, fetal rights, and unborn child. (shrink)

This book takes up the central themes of Aristotle's metaphysical theory and the various transformations they undergo prior to their full expression in the Metaphysics. Aristotle's metaphysics is bedevilled by classic puzzles involving such notions as form, predication, universal, and substance, which result from his attempt to adapt the various requirements on primary substance developed in his earlier works so that they fit the very different metaphysical picture in his later work. Professor Lewis argues that Aristotle is himself aware of (...) most if not all of these difficulties and in the Metaphysics works hard to ensure the coherence of his theory. He presents Aristotle's views as a formal theory complete with axioms, definitions, and theorems. (shrink)

Frank A. Lewis presents a close study of book Zeta of Aristotle's Metaphysics, one of his most dense and controversial texts, commonly understood to contain his deepest thoughts on the definition of substance and related metaphysical issues. Lewis argues that Aristotle returns to the causal view of primary substance from his Posterior Analytics.

Physicians may justifiably limit patients' refusals of medical interventions when the refusal is based on a negative right to noninterference coupled with a request for an unreasonable alternative.

The old debate on the freedom of will has gained new momentum. From the neuroscientific and even from the legal perspective it is argued that the concept of freedom should be abandoned. But such a step would change central concepts not only in penal law but in nearly all legal areas. This calls for a closer look at whether the scientific results available today really do inevitably necessitate such a fundamental change. The outcome of such a scrutiny is sobering because (...) those results are far from supporting that abolitionist position. Freedom of will is not refuted by neuroscience, even not by the experiments of Libet. We therefore should not rush to deconstruct our legal system. (shrink)

Secular change in sex ratios is examined in relation to experience in the family. Two theoretical perspectives are outlined: Guttentag and Secord’s (1983) adaptation of social exchange theory, and sexual selection theory. Because of large-scale change in number of births and typical age differentials between men and women at marriage, low sex ratios at couple formation ages existed in the U.S. between 1965 and the early 1980s. The currently high sex ratios, however, will persist until the end of the century. (...) High sex ratios appear to be associated with lower divorce rates, male commitment to careers that promise economic rewards, male willingness to engage in child care, higher fertility, and higher rates of sexual violence. Sexual selection theory calls attention to intrasexual competition in the numerically larger sex. (shrink)

The American Journal of Bioethics, Volume 11, Issue 12, Page 59-61, December 2011.

Research to improve the health of pregnant and fetal patients presents ethical challenges to clinical investigators, institutional review boards, funding agencies, and data safety and monitoring boards. The Common Rule sets out requirements that such research must satisfy but no ethical framework to guide their application. We provide such an ethical framework, based on the ethical concept of the fetus as a patient. We offer criteria for innovation and for Phase I and II and then for Phase III clinical trials (...) to improve the health of pregnant patients and of fetal patients and also criteria to responsibly manage the transition from investigation to clinical practice. Basing ethical criteria for research involving pregnant women on the ethical concept of the fetus as a patient insulates the proposed ethical framework and therefore research on pregnant women from the divisive and politicized concepts and discourses of personhood, fetal rights, and unborn child. (shrink)

ABSTARCT When people go shopping, they enter a building. But the shop cannot be identified with the building, because it would remain the same shop if it moved to another building or if it became an e-store. Daniel Korman [2019] uses these two observations to argue that establishments are immaterial objects. However, all that follows is that establishments are not buildings. I argue that establishments are organisations or corporate agents that are constituted by people. This entails that they are material (...) objects. Korman’s observations can be accommodated in terms of the further observation that corporate agents can but need not own or rent buildings. (shrink)

ABSTARCT When people go shopping, they enter a building. But the shop cannot be identified with the building, because it would remain the same shop if it moved to another building or if it became an e-store. Daniel Korman [2019] uses these two observations to argue that establishments are immaterial objects. However, all that follows is that establishments are not buildings. I argue that establishments are organisations or corporate agents that are constituted by people. This entails that they are material (...) objects. Korman’s observations can be accommodated in terms of the further observation that corporate agents can but need not own or rent buildings. (shrink)

The topic of homonymy, especially the variety of homonymy that has gone under the title, “focal meaning,” is of fundamental importance to large portions of Aristotle’s work-not to mention its central place in the ongoing controversies between Aristotle and Plato. It is quite astonishing, therefore, that the topic should have gone so long without a book-length treatment. And it is all the more gratifying that the new book on homonymy by Christopher Shields should be so comprehensive, and of such uniformly (...) high quality.’ Everyone who cares about Aristotle will be in his debt. Shields’s book falls into two parts. In the first, he is concerned to lay out the basic structure of Aristotle’s views about homonymy; in the second part, we are led through the various applications of the idea, to the analysis of friendship, for example, the homonymy of the body, the account of goodness and, not least, the homonymy of being. Shields’s book brings out well how the topic of homonymy weaves in and out of the fabric of Aristotle’s thinking in a variety of areas. I will resist the temptation to follow Shields through these various subject-matters, and instead take up essentially two topics. First, (I), the basic outline of Aristotle’s notion of homonymy, more or less independently of its different applications (here, I follow Shields’s example in the first half of his book). Thereafter, I discuss a single application: the homonymy of being (this is the subject of Shields’s last and longest chapter). Here, I will be interested (II) in how homonymy relates to the theory of the categories; and (III) in the application of homonymy to the analysis of substance in the Metaphysics. (shrink)

A modest solution to the problem(s) of rule-following is defended against Kripkensteinian scepticism about meaning. Even though parts of it generalise to other concepts, the theory as a whole applies to response-dependent concepts only. It is argued that the finiteness problem is not nearly as pressing for such concepts as it may be for some other kinds of concepts. Furthermore, the modest theory uses a notion of justification as sensitivity to countervailing conditions in order to solve the justification problem. Finally, (...) in order to solve the normativity problem, it relies on substantial specifications of normal conditions such as those that have been proposed by Crispin Wright and Mark Johnston, rather than on Philip Pettit's functionalist specification. This theory is modest in that it does not meet the demands of Kripke's sceptic in full. Arguments are provided as to why this is not needed. (shrink)

What in Aristotle corresponds, in whole or (more likely) in part, to our contemporary notion of predication? This paper sketches counterparts in Aristotle's text to our theories of expression and of truth, and on this basis inquires into his treatment of sentences assigning an individual to its kinds. In some recent accounts, the Metaphysics offers a fresh look at such sentences in terms of matter and form, in contrast to the simpler theory on offer in the Categories . I argue (...) that the Metaphysics initiates no change in this regard over the Categories . The point that form is (metaphysically) predicated of matter is a contribution, not to the account of statement predication, but to the analysis of compound material substances. Otherwise put, in our terms Aristotelian form is not - in particular, is not also - a propositional function, but a function from matter to compound material substances. (shrink)

Neither Johnston's nor Wright's account of response-dependence offers a complete picture of response-dependence, as they do not apply to all concepts that are intrinsically related to our mental responses. In order to (begin to) remedy this situation, a new conception of response-dependence is introduced that I call "acceptance-dependence". This account applies to concepts such as goal, constitutional, and money, the first two of which have mistakenly been taken to be response-dependent in another sense. Whereas on Johnston's and Wright's accounts response-dependent (...) concepts depend on counterfactual responses of individuals, acceptance-dependent concepts depend on the actual responses of groups of people. This implies that concepts of the latter kind are less objective than concepts of the former kind. (shrink)

Despite its prominence in the abortion debate and in public policy, the discourse of 'unborn patient' has not been subjected to critical scrutiny. We provide a critical analysis in three steps. First, we distinguish between the descriptive and normative meanings of 'unborn child.' There is a long history of the descriptive use of 'unborn child.' Second, we argue that the concept of an unborn child has normative content but that this content does not do the work that opponents of abortion (...) want it to do, namely, to establish the independent moral status of fetuses and their rights, the right to life in particular. Third, we argue that the normative content of 'unborn child' should be dependent moral status, not independent moral status. We conclude that the ethical concept of the fetus as a patient should replace the discourse of “unborn child” when that phrase is used normatively. (shrink)

The ethics of managing obstetric patients in medical disasters poses ethical challenges that are unique in comparison to other disaster patients, because the medical needs of two patients—the pregnant patient and the fetal patient—must be considered. We provide an ethical framework for doing so. We base the framework on the justice-based prevention of exploitation of populations of patients, both obstetric and non-obstetric, in medical disasters. We use the concept of exploitation to identify a spectrum from ethically acceptable, to ethically challenging, (...) to ethically unacceptable, management of obstetric patients in medical disasters. We also address the ethics of the care of obstetric and neonatal patients when the resources of a hospital are completely overwhelmed in a large-scale medical disaster. (shrink)

Replying to Theaetetus’ suggestion that knowledge is true opinion at Tht. 200e, Socrates remarks that ‘a whole profession’ testifies against this definition. The orator practises the art of persuasion, not to teach people, but make them believe whatever he wants. If a robbery has taken place, for example, he cannot in a short time teach adequately the truth about what happened to people who were not on the scene.

In this paper, I attempt to set out some of the main views about essence which Aristotle puts forward in Book Z of theMetaphysics.A central feature of Aristotle's account, as we shall see, is his distinction between primary and secondary cases of essence, and a similiar distinction in connection with the related notions of substance and definition. This division between primary and secondary cases means that Aristotle may well have two very different sorts of remark to make about essence, or (...) definition, or substance, according to which of the two kinds of case he has in mind. There is no reason to suppose the same logical properties apply to both the primary and the secondary cases. And when we come to define the various notions, we shall see that if our definitions are right, the logical properties in the two kinds of case are in fact quite different. (shrink)

This article seeks to broaden the debate on the recruitment of REC lay members by arguing that the recruitment of good members requires that there is initially a need to heighten awareness among potential candidates of the nature of the lay contribution. The article offers a recruiting process model of: awareness; advocacy; characterization; recruitment, and training, and focuses on the first three steps in that process. The current position is that there is sparse awareness and advocacy of the role of (...) the lay member at a time of rapid change, both in the ‘research ethics service’ and the lay contribution thereto. Thus it is seen as imperative that positive steps are taken to change this position, filling a lacuna that appears to exist. Given that the candidate pool can become larger and have a fuller understanding of the ‘research ethics service’, better recruitment and hence better-trained members should result. As a way forward, practical ways and means to do this are suggested, providing topics that will engender a wider debate and perhaps as an outcome, some new initiative. (shrink)

The topic of homonymy, especially the variety of homonymy that has gone under the title, “focal meaning,” is of fundamental importance to large portions of Aristotle’s work—not to mention its central place in the ongoing controversies between Aristotle and Plato. It is quite astonishing, therefore, that the topic should have gone so long without a book-length treatment. And it is all the more gratifying that the new book on homonymy by Christopher Shields should be so comprehensive, and of such uniformly (...) high quality. Everyone who cares about Aristotle will be in his debt. (shrink)

Explores different applications of Aristotle's hypothesis on the components of form, matter and pyschological states.

Aristotle’s theory of causes requires a first, unmoved mover outside the sublunary world, along with soul as first and unmoved mover in the natural world below. Aristotle separates the charmed group of causes headed by soul that are jointly sufficient for typical animal behaviour from external causes. The border between external and charmed is permeable: crops growing in the field are co-opted to become an instrument of soul that nourishes the animal. (Instruments of soul like the sumphuton pneuma are internal (...) to the animal from the start.) But no causes, not even the Unmoved Mover, may supersede soul as unmoved mover. (shrink)

Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past (...) efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University. (shrink)

Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past (...) efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University. (shrink)

In this paper, we study the lattice of r.e. subspaces of a recursively presented vector space V ∞ with regard to the various complexity-theoretic speed-up properties such as speedable, effectively speedable, levelable, and effectively levelable introduced by Blum and Marques. In particular, we study the interplay between an r.e. basis A for a subspace V of V ∞ and V with regard to these properties. We show for example that if A or V is speedable , then V is levelable (...) . We also show that if A is an r.e. subset of a recursive basis for V ∞ , then A is levelable iff V is speedable while it is not the case that A is levelable iff V is speedable. We also provide several contrasts between the lattice of r.e. subspaces and the lattice of r.e. sets with respect to these speed-up properties. For example, every maximal set is levelable but we show that there exist supermaximal spaces which are nonspeedable in all possible r.e. degrees as well as supermaximal spaces which are levelable in all r.e. degrees which contain levelable sets. (shrink)