For more than twenty years, Opinion 6.01 of the American Medical Association's Code of Medical Ethics has specified that “a physician's fee for medical services should be based on the value of the service provided by the physician to the patient.” In 1994, the AMA amended Opinion 6.01, adding a new statement that “a physician's fee should not be made contingent on the successful outcome of medical treatment.”We believe that the amendment is wholly indefensible. Therefore, in this essay, we argue (...) that the AMA should lift this prohibition and encourage the use of result-based compensation for medical services in appropriate circumstances.The 1994 amendment dramatically changed the significance and scope of Opinion 6.01. Result-based compensation arrangements clearly satisfy the original version of Opinion 6.01 because they base compensation on the “value of the services provided … to the patient.” Yet, it is equally clear that result-based compensation arrangements violate the amended version of Opinion 6.01 because they necessarily make compensation “contingent on the successful outcome of medical treatment.”. (shrink)

How should we respond to individuals with disabilities? What does it mean to be disabled? Over fifty million Americans, from neonates to the fragile elderly, are disabled. Some people say they have the right to full social participation, while others repudiate such claims as delusive or dangerous. In this compelling book, three experts in ethics, medicine, and the law address pressing disability questions in bioethics and public policy. Anita Silvers, David Wasserman, and Mary B. Mahowald test important theories of (...) justice by bringing them to bear on subjects of concern in a wide variety of disciplines dealing with disability. They do so in the light of recent advances in feminist, minority, and cultural studies, and of the groundbreaking Americans with Disabilities Act. (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political activities of (...) businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

This article examines the way that for-profit businesses should take into account the interests of the citizens in the liberal democratic societies in which they operate. I will show how a contractualist version of stakeholder theory identifies the relevant moral interests of both shareholders and citizen stakeholders, and provides a method for giving their interests appropriate consideration. These include (1) the interests that individuals have with respect to private property, (2) the interests citizens have in receiving equitable consideration in the (...) political process, and (3) citizens' interests which give them the collective right to determine the legal and economic structure of their societies. Using this contractualist analysis, I argue that corporations should consciously take into account the interests of citizen stakeholders when there is no other social mechanism for protecting their interests as citizens. (shrink)

In defense of his Market Failures Approach to business ethics Joseph Heath relies on an understanding of business as essentially oriented towards competition and profit maximization. In these remarks I defend an alternative understanding of business that is centered on the creation of valuable goods and services. It is preferable because it: (a) creates less pressure to take advantage of vulnerable stakeholders, (b) can readily recognize “beyond compliance” norms that do not relate to efficiency, (c) provides a more meaningful framework (...) for people who work in and with corporations, (d) may mitigate negative moral impacts outside the market, and (e) better captures the range of what actually counts as business activity. (shrink)

The “question of reasonable compliance” concerns how business firms should comply with morally reasonable laws that have been democratically enacted. This article argues that, out of respect for the governing authority of democratic citizens, firms should comply with the law in accordance with legislators’ normative expectations of compliance. It defends this view against arguments from the legal, economic and business ethics literatures that focus on the contentious nature of democracy and the competitive nature of the market. In response this article (...) argues that these adversarial features of democracy and capitalism do not limit the ability of democratic legislatures to set normative expectations of market actors, nor the duty of firms to comply with them. (shrink)

Gerald Dworkin has argued that it is inconsistent with the proper ends of medicine for a physician to participate in an execution by lethal injection. He does this by proposing a principle by which we are to judge whether an action is consistent with the proper ends of medicine. I argue: (a) that this principle, if valid, does not show that it is inconsistent with the proper ends of medicine for a physician to participate in an execution by lethal injection; (...) and (b) that this principle is not valid, and this is because it mistakenly views the promotion of patient autonomy as one of the proper ends of medicine. Rather, I propose, we should view respect for a patient's autonomy as a constraint on the pursuit of the proper ends of medicine, rather than as one of the proper ends itself. With this revised understanding of the proper ends of medicine, we can conclude that it is inconsistent with the proper ends of medicine for a physician to participate in an execution by lethal injection. (shrink)

This paper argues in favor of the _end user thesis_, which holds that the fundamental goal of the firm is to create products and services that provide a benefit to _the people who ultimately use them._ The argument turns on the interest that employees have in work that is meaningful, in the sense that it is an activity worth spending time doing. I argue that a person’s life is diminished to the extent that work constitutes a central feature, but is (...) not meaningful in this way. I argue further that an employee’s work is fully worth doing only if her fundamental aim is to provide a benefit to the people who ultimately use what she produces, and that this is not possible within an organization that aims to maximize profits. The paper concludes by considering arguments that the efficiency gains generated by assigning the firm the goal of profit-maximization justify structuring the firm in a way that does not enable employees to have work that is fully worth doing. (shrink)

In an earlier paper I argued that Alvin Plantinga's defence of pure experiential theism (a theism epistemically based on religious experience) against the evidential problem of evil is inappropriately circular. Eric Snider rejects my argument claiming first that I do not get Plantinga's thought right. Second, he rejects a key principle my argument relies on, viz. the 'independence constraint on neutralizers'. Finally, he offers an alternative to the independence constraint which allows the pure experiential theist to deal successfully with the (...) evidential problem of evil. In this paper I argue that: (a) I have correctly characterized Plantinga's argument; and (b) that Snider's proposed counter-example to the independence constraint fails. Finally, I argue (c) that Snider's proposed alternative to the independence constraint is not a plausible epistemic principle. (shrink)

This Commentary investigates ethical issues surrounding the US government’s attempt to partner with a private company to produce a new low-cost ventilator as part of its pandemic preparation plans. I argue that firms have distinct duties with respect to such public-private partnerships. In contrast to approaches that analyze these duties in terms of an “implicit morality” of the market, I analyze them in terms of democratically authorized plans regarding how to structure the market.

This paper examines Alvin Plantinga's defence of theistic belief in the light of Paul Draper's formulation of the problem of evil. Draper argues (a) that the facts concerning the distribution of pain and pleasure in the world are better explained by a hypothesis which does not include the existence of God than by a hypothesis which does; and (b) that this provides an epistemic challenge to theists. Plantinga counters that a theist could accept (a) yet still rationally maintain a belief (...) in God. His defence of theism depends on the epistemic value of religious experience. I argue, however, that Plantinga's defence of theism is not successful. (shrink)

In a recent article, Trenton Mericks argues that psychological continuity analyses of personal identity over time are incompatible with endurantism. We contend that if Merricks’s argument is valid, a parallel argument establishes that PC-analyses of personal identity are incompatible with perdurantism; hence, the correct conclusion to draw is simply that such analyses are all necessarily false. However, we also show that there is good reason to doubt that Merricks’s argument is valid.

In a recent article, Trenton Mericks argues that psychological continuity analyses (PC-analyses) of personal identity over time are incompatible with endurantism. We contend that if Merricks’s argument is valid, a parallel argument establishes that PC-analyses of personal identity are incompatible with perdurantism; hence, the correct conclusion to draw is simply that such analyses are all necessarily false. However, we also show that there is good reason to doubt that Merricks’s argument is valid.

Adapting Minds: Evolutionary Psychology and the Persistent Quest for Human Nature DAVID BULLER Cambridge, MA: MIT Press, 2005 564 pages, ISBN: 0262025795 (hbk); $37.00.

David Lewis championed a counterfactual account of causation, but counterfactual accounts have a notoriously difficult time handling cases of late preemption. These are cases in which we still count one event as the cause of another although the effect does not depend on the cause in the way taken to be necessary by the account. Lewis recognized these cases, but they have been shown to be problematic even for his final analysis of causation, the Influence Account. In this paper, (...) I show how these cases led to and remain a problem for Lewis’s Influence Account, and I give a new counterfactual account available to a Lewisian that can handle late preemption cases. What is crucial to my account is that a cause not merely has counterfactual influence over its effects, but that the cause has influence of the right kind. I conclude by arguing that even if problems remain with this account, they will not be problems of late preemption, and the problems stemming from other kinds of cases will be no worse for my account than for other counterfactual accounts. (shrink)

Explores the science and creative process behind Poe’s cosmological treatise. Silver Winner for Philosophy, 2017 Foreword INDIES Book of the Year Awards In 1848, almost a year and a half before Edgar Allan Poe died at the age of forty, his book Eureka was published. In it, he weaved together his scientific speculations about the universe with his own literary theory, theology, and philosophy of science. Although Poe himself considered it to be his magnum opus, Eureka has mostly been (...) overlooked or underappreciated, sometimes even to the point of being thought an elaborate hoax. Remarkably, however, in Eureka Poe anticipated at least nine major theories and developments in twentieth-century science, including the Big Bang theory, multiverse theory, and the solution to Olbers’ paradox. In this book—the first devoted specifically to Poe’s science side—David N. Stamos, a philosopher of science, combines scientific background with analysis of Poe’s life and work to highlight the creative and scientific achievements of this text. He examines Poe’s literary theory, theology, and intellectual development, and then compares Poe’s understanding of science with that of scientists and philosophers from his own time to the present. Next, Stamos pieces together and clarifies Poe’s theory of scientific imagination, which he then attempts to update and defend by providing numerous case studies of eureka moments in modern science and by seeking insights from comparative biography and psychology, cognitive science, neuroscience, and evolution. David N. Stamos teaches philosophy at York University in Toronto. He is the author of several books, including Darwin and the Nature of Species, also published by SUNY Press. (shrink)

Cover -- Half Title -- Title Page -- Copyright Page -- Table of contents -- Contributors -- Introduction -- 1 From place to planet: The role of the language arts in reading environmental identities from the UK to New Zealand -- From here to there -- Cockney translation -- Environmental identities -- Environmental knowledge -- Conclusion: moving from place to planet -- Notes -- References -- 2 Connecting community through film in ITE English -- Introduction -- The place of English (...) in the contemporary policy context -- Place in English: doing things differently -- The film project -- The films -- 'Our Place': the Kingsville School -- 'This is Our Place': High Bridge -- 'This is My Place': Silver Hill -- Discussion -- The place of school -- The place of the subject -- The place of pupils -- Connecting community through film: the possibilities of place -- Note -- References -- 3 Muslim youth identities through devotional songs and poetry in South Yorkshire communities -- Introduction 1: creative language study as etiolation -- Introduction 2: faith-based complementary schooling and language heritage -- Introduction 3: Islamophobia and youth identity -- Poetry and 'song' in the Islamic world and among Muslim youth in the UK -- This study -- Conclusion -- Notes -- References -- 4 Creative spaces for developing independent writing with English teachers -- Why do we need to develop teachers as creative writers? -- The role and influence of the National Writing Project -- The writing identities of trainee teachers -- Writing in creative spaces -- Some conclusions: writing teachers in creative spaces -- Writing from the Georgian House -- Writing from Brandon Hill -- Notes -- References -- 5 Durham city as an educational resource in initial teacher education for English: Seeing the city with new eyes -- Context -- The activity -- Implications. (shrink)

In this paper, I develop the notion of an epistemic side constraint in order to overcome one of the main challenges to a goal-based approach to the structure of epistemic normativity. I argue that the rationale for such side constraints can be found in the work of John Locke and that his argument is best understood as the epistemic analog to David Gauthier’s argument as to the rationality of being moral.

In lieu of an abstract, here is a brief excerpt of the content:SCANDAL AND IMITATION IN MATTHEW, KIERKEGAARD, AND GIRARD David McCracken University ofWashington Charlie Chaplin once entered a Charlie Chaplin look-alike contest, but his resemblance was insufficient for the first- or secondplace prize. He finished third, and thus created a small scandal: the judges—experts on Charlie Chaplin—proved to be so inept that they could not recognize the genuine article1. The simple, mimetic entertainment of a look-alike contest can become (...) more interesting when marked by a spirit of ironic play, which we may plausibly attribute to Charlie Chaplin, and it certainly becomes more interesting when marked by the scandal of inept authorities. Scandals have a way of attracting attention: we take notice, and often pleasure, when experts are shown to be fools. If, on the other hand, we are the experts, then we are likely to take offense and become embarrassed or uncomfortable, defensive or aggressive, humiliated or angry. Either way, we may be scandalized—at the actions of others or at the treatment of ourselves. The Chaplin story suggests three observations about scandal and imitation, which must be understood together because they are necessarily related, one requiring the other. First, models (in this case, Chaplin as the object ofimitation) may be transformed into idols, something fantastic or untrue that we are led to admire, desire, or worship. The movie idol Chaplin was sufficiently far removed from the actual human, Charlie Chaplin, that Charlie Chaplin finished the contest in third place. In the 1 The story, perhaps apocryphal, has been around for some years and reappeared recently in Barash (87), but it is not recorded in Chaplin's autobiography. David McCracken147 Hebrew Bible, idolatry is more extreme: the golden calf is an attractive idol because it can be seen, a fantastic improvement (it would seem) over an invisible God whose mediator has decamped. Instead of worshipping God, the Israelites worship their own desires, which are literally "dungballs " in Ezekiel's graphic vocabulary. Whether the movement is from an invisible God named YHWH toward a golden calf or dung-ball, or from a movie star, who is usually seen as a large image on a silver screen, toward the movie-goer's fond, mental reconstruction ofhim, the process of idolatry leads humans to mistake the false for the real. Second, imitation has different forms: in a look-alike contest, imitation will depend to some extent on the happenstance of physical similarity—the size and face should resemble Chaplin's—but it will also depend on clothing and movement. The entrant Chaplin must have had a significant advantage in size and face, but this advantage was obviously not decisive. Since he failed to win, we begin to wonder: Did he wear the right clothes and hat? Did he, consummate actor that he was, move like Charlie Chaplin or rather more like Buster Keaton? Did he, for the sake of his little scandal, fail to appropriate himself, so to speak; did he misrepresent himself in order not to win? Looking alike is one thing, but appropriating and representing are quite another. Finally, imitation often involves rivalry, which leads to scandal: the Chaplin look-alike contest is a competition, a form ofrivalry that involves winners and losers—that is the point of the contest. By entering the contest, Chaplin made himself an unfair obstacle to the other contestants. But ifhe tried to lose, by not acting like Chaplin, he became an obstacle to thejudges, misleading them into the ludicrous conclusion that someone other-than-Chaplin looked more like Chaplin than Chaplin. The potential scandal is inextricably related to judgment and rivalry, however lighthearted it may be in this case. Like our ordinary contests, New Testament imitation raises the specter of competition: the Pharisee gives thanks that he is not like the poor man (he wins the competition for righteousness hands down, he thinks, and he is fundamentally persuaded that there is a competition); the disciples want to know who among them—the competitors—gets to sit on the right hand; and Peter maintains that, while other disciples may be scandalized, he will not be (he wins, they lose). All ofthese miss the point decisively: New Testament imitation requires the renunciation ofrivalry. The... (shrink)

In this splendid section from his Enquiry Concerning Human Understanding , Hume's first concern is our ordinary belief that the natural world -- the world leaving our own conscious existence aside -- is a world of determinism, all cause and effect. He gives his account of what this ordinary belief can come to, the fact of the matter. Turning to our own conscious existence, he finds the same fact of the matter. Hence our world too is a world of determinism, (...) all cause and effect. That is the story with the man who comes to dinner and does not rob Hume of his silver standish. The story of Indeterminism, and in particular of the kind of freedom that is origination, must be a mistake. (shrink)

Michael Winterbottom , 39) criticizes Costa's edition of Seneca's Medea for failing to annotate sic fugere soleo . ‘Did Medea’, he asks, ‘habitually escape by chariot - or is this a coy allusion to Seneca's predecessors?’ Of course it is neither; sic fugere soleo means Medea was accustomed to flee by leaving dead bodies behind to encumber her enemies . According to. Seneca's usage, and that of Silver Latin rhetoric in general, once would be enough to establish such a (...) ‘habit’, for in that fairy-world wonders and horrors become, as Atreus says petulantly, immane…sed occupatum on repetition. At Troades 249 and 360 soleo is used of the virgin-sacrificing ‘habit’ of the Achaeans, i.e. the sacrifice of Iphigeneia, which makes the sacrifice of Polyxena seem a good idea. (shrink)

Michael Winterbottom, 39) criticizes Costa's edition of Seneca's Medea for failing to annotate sic fugere soleo. ‘Did Medea’, he asks, ‘habitually escape by chariot - or is this a coy allusion to Seneca's predecessors?’ Of course it is neither; sic fugere soleo means Medea was accustomed to flee by leaving dead bodies behind to encumber her enemies. According to. Seneca's usage, and that of Silver Latin rhetoric in general, once would be enough to establish such a ‘habit’, for in (...) that fairy-world wonders and horrors become, as Atreus says petulantly, immane…sed occupatum on repetition. At Troades 249 and 360 soleo is used of the virgin-sacrificing ‘habit’ of the Achaeans, i.e. the sacrifice of Iphigeneia, which makes the sacrifice of Polyxena seem a good idea. (shrink)

We prove results that falsify Silver’s dichotomy for Borel equivalence relations on the generalized Baire space under the assumptionV=L.

Historians have thoroughly documented the development of mercury-based silver refining in Spanish America in the late sixteenth century, and its use for over 300 years on an industrial scale unknown in Europe. However, we currently lack any consensus about the significance of this technology in the global history of knowledge. This article critically reassesses the invention and improvement of this refining method with the aim of addressing two interrelated issues. Firstly, how experiential knowledge and practical skills in silver (...) refining were deliberately harnessed to solve a specific technical problem. Secondly, how economic incentives and patronage set the stage for empirical practices and a collaborative culture that facilitated the widespread use of this novel technique. In so doing, this article places silver refining within the theoretical constructs and historiography of useful knowledge, and bridges narratives that have remained largely isolated. (shrink)

The answer to the question 'what is money?' has changed throughout history. During the Gold Standard era, money was seen as gold or silver (the theory known as bullionism). In the early 20th century, the alternative theory known as chartalism proposed that money was a token chosen by the state for payment of taxes. Today, many economists take an agnostic line, and argue that money is best defined in terms of its function, e.g. as a neutral medium of exchange. (...) This paper argues that none of these approaches adequately describes the nature of money, and proposes a new theory, inspired by non-Newtonian physics, which takes into account the dualistic real/virtual properties and complex nature of money. The theory is applied to the example of the emergence of cybercurrencies. (shrink)