We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various bodies and obtaining expert (...) advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

Aim: To examine how physicians’ life stances affect their attitudes to end-of-life decisions and their actual end-of-life decision-making.Methods: Practising physicians from various specialties involved in the care of dying patients in Belgium, Denmark, The Netherlands, Sweden, Switzerland and Australia received structured questionnaires on end-of-life care, which included questions about their life stance. Response rates ranged from 53% in Australia to 68% in Denmark. General attitudes, intended behaviour with respect to two hypothetical patients, and actual behaviour were compared between all large (...) life-stance groups in each country.Results: Only small differences in life stance were found in all countries in general attitudes and intended and actual behaviour with regard to various end-of-life decisions. However, with regard to the administration of drugs explicitly intended to hasten the patient’s death , physicians with specific religious affiliations had significantly less accepting attitudes, and less willingness to perform it, than non-religious physicians. They had also actually performed PAD less often. However, in most countries, both Catholics and Protestants reported ever having made such a decision.Discussion: The results suggest that religious teachings influence to some extent end-of-life decision-making, but are certainly not blankly accepted by physicians, especially when dealing with real patients and circumstances. Physicians seem to embrace religious belief in a non-imperative way, allowing adaptation to particular situations. (shrink)

Large-scale sequencing tests, including whole-exome and whole-genome sequencing, are rapidly moving into clinical use. Sequencing is already being used clinically to identify therapeutic opportunities for cancer patients who have run out of conventional treatment options, to help diagnose children with puzzling neurodevelopmental conditions, and to clarify appropriate drug choices and dosing in individuals. To evaluate and support clinical applications of these technologies, the National Human Genome Research Institute and National Cancer Institute have funded studies on clinical and research sequencing under (...) the Clinical Sequencing Exploratory Research program as well as studies on return of results. Most of these studies use sequencing in real-world clinical settings and collect data on both the application of sequencing and the impact of receiving genomic findings on study participants. They are occurring in the context of controversy over how to obtain consent for exome and genome sequencing. (shrink)

Sterols and the reductant nicotinamide adenine dinucleotide phosphate (NADPH), essential for eukaryotic life, arose because of, and as an adaptation to, rising levels of molecular oxygen (O2). Hence, the NADPH and O2‐intensive process of sterol biosynthesis is inextricably linked to redox status. In mammals, cholesterol biosynthesis is exquisitely regulated post‐translationally by multiple E3 ubiquitin ligases, with membrane associated Really Interesting New Gene (RING) C3HC4 finger 6 (MARCHF6) degrading at least six enzymes in the pathway. Intriguingly, all these MARCHF6‐dependent enzymes require (...) NADPH. Moreover, MARCHF6 is activated by NADPH, although what this means for control of cholesterol synthesis is unclear. Indeed, this presents a paradox for how NADPH regulates this vital pathway, since NADPH is a cofactor in cholesterol biosynthesis and yet, low levels of NADPH should spare cholesterol biosynthesis enzymes targeted by MARCHF6 by reducing its activity. We speculate MARCHF6 helps mammalian cells adapt to oxidative stress (signified by low NADPH levels) by reducing degradation of cholesterogenic enzymes, thereby maintaining synthesis of protective cholesterol. (shrink)

Time as the key to a theory of everything became recently a renewed topic in scientific literature. Social constructivism applied to physics abandons the inevitable essentials of nature. It adopts uncertainty in the scope of the existential activity of scientific research. We have enlightened the deep role of social constructivism of the predetermined Newtonian time and space notions in natural sciences. Despite its incompatibility with determinism governing the Newtonian mechanics, randomness and entropy are inevitable when negative localized energy is transformed (...) into spatially dissipative heat. In sharp contrast to the Newtonian notion, social constructivism makes room for the temporal twin of cyclic conservation and pseudo-linearly structural evolution both reconciling mechanical order and thermodynamic chaos in Leibnizian space-time. In the broad scope of natural sciences this triad nature of time produces a multiple reality and gives appropriate answers on virtual physical paradoxes. (shrink)

We present a dynamic programming model which is used to investigate hypothermia as an adaptive response by small passerine birds in winter. The model predicts that there is a threshold function of reserves during the night, below which it is optimal to enter hypothermia, and above which it is optimal to rest. This threshold function decreases during the night, with a particularly sharp drop at the end of the night, representing the time and energy costs associated with returning to (...) normal body temperature. The results of the model emphasise the trade-off between energy and predation, not just between foraging options, but also between foraging during the day and entering hypothermia at night. The value of being able to use hypothermia represents not just energy savings, but also reduced predation risk due to changes in the optimal foraging strategy. Conditions which give a high value of hypothermia are short photoperiod, variable food supply, low temperatures, poor and scarce food supplies. (shrink)

It is generally believed that the uncertainty relation Δq Δp≥1/2ħ, where Δq and Δp are standard deviations, is the precise mathematical expression of the uncertainty principle for position and momentum in quantum mechanics. We show that actually it is not possible to derive from this relation two central claims of the uncertainty principle, namely, the impossibility of an arbitrarily sharp specification of both position and momentum (as in the single-slit diffraction experiment), and the impossibility of the determination of the (...) path of a particle in an interference experiment (such as the double-slit experiment).The failure of the uncertainty relation to produce these results is not a question of the interpretation of the formalism; it is a mathematical fact which follows from general considerations about the widths of wave functions.To express the uncertainty principle, one must distinguish two aspects of the spread of a wave function: its extent and its fine structure. We define the overall widthW Ψ and the mean peak width wψ of a general wave function ψ and show that the productW Ψ w φ is bounded from below if φ is the Fourier transform of ψ. It is shown that this relation expresses the uncertainty principle as it is used in the single- and double-slit experiments. (shrink)

The use of coercive measures in the care for the addicted has changed over the past 20 years. Laws that have adopted the “dangerousness” criterion in order to secure patients’ rights to non-intervention are increasingly subjected to critique as many authors plead for wider dangerousness criteria. One of the most salient moral issues at stake is whether addicts who are at risk of causing danger to themselves should be involuntarily admitted and/or treated. In this article, it is argued that the (...) dilemma between coercion on the one hand and abandonment on the other cannot be analysed without differentiated perspectives on the key notions that are used in these debates. The ambiguity these notions carry within care practice indicates that the conflict between the prevention of danger and respect for autonomy is not as sharp as the legal systems seem to imply. Some coercive measures need not be interpreted as an infringement of autonomy—rather, they should be interpreted as a way to provide good care. (shrink)

Using as a springboard a three-way debate between theoretical physicist Lee Smolin, philosopher of science Nancy Cartwright and myself, I address in layman’s terms the issues of why we need a unified theory of the fundamental interactions and why, in my opinion, string and M-theory currently offer the best hope. The focus will be on responding more generally to the various criticisms. I also describe the diverse application of string/M-theory techniques to other branches of physics and mathematics which render (...) the whole enterprise worthwhile whether or not “a theory of everything” is forthcoming. (shrink)

The author argues that there is a sharp contrast between Plato's earlier teleological explanation of nature and his later conception. In the Phaedo Anaxagoras' νοṽς as a teleological principle is rejected, the forms taking its place, in the Philebus the existence of a νοṽς explaining order and finality in nature, is strictly demonstrated. After that nature and consequences of this new doctrine are briefly discussed : the ineffable character of the transcendent cause of the world ; the reduction of (...) the number of the Forms to those of substances in nature ; the causality of νοṽς as an immanent and intermediate one ; the foundation of a mathematical science of nature. Thirdly the author makes an effort to reconstruct the philosophical grounds of this development, starting from the three theses, on which the argumentation of the Philebus is based. 1) νοṽς can only exist in a soul. It is argued that the dynamic conception of soul in the Phaedrus logically leads to the conclusion, that νοṽς also is movement . 2) To explain cosmic order and finality a νοṽς has to be accepted. This new idea occurs for the first time in the Sophistes and in the myth of the Politicus. 3) Cosmic order has a mathematical and astronomical character. This aspect is absent before the Philebus and seems to have been a consequence of Plato's discovery of the regularity in the planitary motions . Finally the author thinks he can indicate in the Sophistes the turning-point in the theory of Forms, as a result of the extension of the notion of being. (shrink)

Agricultural intensification and extensification are standard responses to ecological and economic vulnerability among smallholder communities. Climate change has exacerbated this vulnerability and thrown the complexity of and critical need for managing a healthy natural resource base while increasing on-farm productivity into sharp light. Sustainable intensification is one of many mechanisms for accomplishing this balancing act. This study examines the adoption of sustainable intensification practices, namely input packages focused on tef row planting—designed to boost yield and promote more efficient use (...) of inputs. This study utilized a mix methods approach to survey 115 smallholder farmers in the South Wollo zone of the Amhara region in Ethiopia. This study found that cash and capital, more so than contact with the AIS, influenced farmers’ decisions to adopt row planting input packages. Khat production was an important source of cash for inputs and was more likely to be available to farmers with irrigation schemes. Long-term, farmers who cultivate khat may not successfully engage in SI, as khat replaces traditional food crop production in the region. Yet, for farmers who do not grow khat, long-term investment in SI practices is unlikely unless access to affordable credit options is improved. (shrink)

Friedrich Schlegel is known above all as a man of letters and political interests, while his philosophical opus has received as yet a very limited interest and attention. Perhaps this new critical edition will enable him to carve a small niche for himself in forthcoming histories of philosophy. He was certainly not the most significant thinker; but his imagination, many-sidedness, sharpness, and his unmistakable speculative gift qualify him to be in the second rank of Romantic philosophers immediately after Schelling and (...) Baader. The young Friedrich Schlegel was thoroughly under the spell of Fichte, but his later development—notwithstanding personal antipathy—carried him close to Schelling. The ethical pathos of Fichte's doctrine could not make Schlegel overlook the injustice done to nature, art, and religion. Though his celebrated conversion to Catholicism in the Dom of Cologne did not take place until 1838, Schlegel read Jacob Boehme and was a close friend of Schleiermacher, and thus was absorbed by religious problems years before. Already in his Cologne lectures he goes beyond the vague idealistic concept of the "divinity" in favor of a personal and transcendent God. These two volumes of the critical edition contain the following texts: Transzendentalphilosophie, lectures in Jena from 1800-1801. The text is the one published by J. Körner in 1935. The Development of Philosophy in Twelve Books and Propedeutic and Logic. The texts in Propedeutic and Logic are of a general introductory character. But in The Development of Philosophy a tremendous effort is made to give, if not an entirely systematic, at least a quasi-all-embracing, encyclopedic sketch of philosophy and its history. Here again we read nothing substantially new. The editor follows the text published by Windischmann in 1836 but does complete it with variants from other manuscripts. Métaphysique. These lectures were delivered in French to Madame de Staël. In addition to an already known text published by J. Körner the editor makes use of a manuscript in the hand of Schlegel which was found only after the last war. The preface of J.-J. Anstett is ascetically short and even the commentary consists only of sober and learned notes at the end of the second volume.—M. J. V. (shrink)

Friedrich Schlegel is known above all as a man of letters and political interests, while his philosophical opus has received as yet a very limited interest and attention. Perhaps this new critical edition will enable him to carve a small niche for himself in forthcoming histories of philosophy. He was certainly not the most significant thinker; but his imagination, many-sidedness, sharpness, and his unmistakable speculative gift qualify him to be in the second rank of Romantic philosophers immediately after Schelling and (...) Baader. The young Friedrich Schlegel was thoroughly under the spell of Fichte, but his later development—notwithstanding personal antipathy—carried him close to Schelling. The ethical pathos of Fichte's doctrine could not make Schlegel overlook the injustice done to nature, art, and religion. Though his celebrated conversion to Catholicism in the Dom of Cologne did not take place until 1838, Schlegel read Jacob Boehme and was a close friend of Schleiermacher, and thus was absorbed by religious problems years before. Already in his Cologne lectures he goes beyond the vague idealistic concept of the "divinity" in favor of a personal and transcendent God. These two volumes of the critical edition contain the following texts: Transzendentalphilosophie, lectures in Jena from 1800-1801. The text is the one published by J. Körner in 1935. The Development of Philosophy in Twelve Books and Propedeutic and Logic. The texts in Propedeutic and Logic are of a general introductory character. But in The Development of Philosophy a tremendous effort is made to give, if not an entirely systematic, at least a quasi-all-embracing, encyclopedic sketch of philosophy and its history. Here again we read nothing substantially new. The editor follows the text published by Windischmann in 1836 but does complete it with variants from other manuscripts. Métaphysique. These lectures were delivered in French to Madame de Staël. In addition to an already known text published by J. Körner the editor makes use of a manuscript in the hand of Schlegel which was found only after the last war. The preface of J.-J. Anstett is ascetically short and even the commentary consists only of sober and learned notes at the end of the second volume.—M. J. V. (shrink)

Witnessing to the strong present-day interest in the formation of the great scholastic syntheses of the thirteenth century are the large number of studies devoted to the lesser thinkers of the preceding century. The English-born Robert of Melun is one of these so far largely neglected authors. Despite the edition of his major works in Louvain by R. M. Martin, little has been written on this gifted pupil of Abelard. Horst cuts a large and central piece out of Robert's "system": (...) the doctrines of the Trinity and of God. After a detailed analysis of the sources of his thinking, the Trinity is dealt with and then God. Under the pen of Robert, the sharp dialectical method of Abelard serves to elaborate Augustine's speculation on the Trinity. Yet the author—in line with the contemporary interest in trinitology—is not satisfied to expound the subtle distinctions Robert made but strives to show also how they can have a bearing on the "economy of salvation." There is a rather liberal dose of lengthy Latin quotes, footnotes mushroom, and secondary literature is quoted by the yard. To sum up: this is a serious and articulate treatment of two central questions of scholastic theology and we are glad to read the promise of a continuation treating Robert's anthropology, angelology, and his views on the First Man.—M. J. V. (shrink)

The issues between naturalism and subjectivism are brought into sharp focus, mainly through a critical examination of Husserl's phenomenology, with the author defending not only naturalism, but the view that only by a pluralism of methods can an adequate philosophy of experience be attained. Farber criticizes Husserl for failing to recognize that his method, rather than experience itself, generates some of the problems he attempted to solve. The movement from subjectivism to "irrationalism,", is briefly accounted for by considering Heidegger, (...) Jaspers, Marcel and Sartre. An important book, occasionally sardonic and humorous.--J. E. M. (shrink)

Recently, Rueger and Sharp (1996) and Koperski (1998) have been concerned to show that certain procedural accounts of model confirmation are compromised by non-linear dynamics. We suggest that the issues raised are better approached by considering whether chaotic data analysis methods allow for reliable inference from data. We provide a framework and an example of this approach.

By the death, last summer, of Jack Robson, the world of utilitarian studies and a wider world of scholarship on both sides of the Atlantic lost one of their most distinguished figures. It would not be appropriate here, even if it were possible now, to attempt a full and measured assessment of his work. Writing only a few months after the news of his death, while the sense of loss is still so sharp for all his many friends, two (...) things are possible. Something can and should be said to acknowledge and celebrate Robson's achievement as a scholar; and to this can be added some personal recollections of one whose human qualities were as outstanding as his scholarship. (shrink)

The Constitution of the Athenians ascribed to Xenophon the orator.--The Politeia of the Spartans by Xenophon.--The Boeotian Constitution from the Oxyrhynchus historian.--The Constitution of Athens by Aristotle.

Management practitioners and scholars have worked diligently to identify methods for ethical decision making in international contexts. Theoretical frameworks such as Integrative Social Contracts Theory (Donaldson and Dunfee, 1994, Academy of Management Review 19, 252–284) and more recently the Global Business Citizenship Approach [Wood et al., 2006, Global Business Citizenship: A Transformative Framework for Ethics and Sustainable Capitalism. (M. E. Sharpe, Armonk, NY)] have produced innovations in practice. Despite these advances, many managers have difficulty implementing these theoretical concepts in daily (...) practice. Using the example of recent decisions by internet service providers Google, Yahoo, and MSN regarding censorship requirements in China, we offer six heuristic questions to help managers to resolve cross-cultural ethical conflicts in which the firm’s way of doing business differs from the practice in the host country. Recognizing that companies can take different approaches to law and ethics (Paine, 1994, Harvard Business Review 72(2), 107–117), our aim is to provide a management decision process to deal with demands or opportunities for engaging in questionable business practices in a host country. (shrink)

Philosophy for the 21st Century, an introductory anthology, is an extraordinarily comprehensive collection of historical and contemporary readings. It covers all major fields, including not only metaphysics, epistemology, ethics, and philosophy of religion, but also philosophy of science, philosophy of mind, philosophy of language, political philosophy, and philosophy of art. This volume is unique in drawing on the judgments of a new generation of scholars, each of whom has chosen the articles and provided the introduction for one section of the (...) book. These associate editors--Delia Graff, Robin Jeshion, L. A. Paul, Jesse J. Prinz, Stuart Rachels, Gabriela Sakamoto, David Sosa, and Cynthia A. Stark--are at the forefront of 21st-century philosophy. Their selections include the work of such leading contemporary thinkers as Nancy Cartwright, Saul A. Kripke, David Lewis, Thomas Nagel, Robert Nozick, Derek Parfit, and Sydney Shoemaker, along with classic works from 2500 years of philosophy. The book has been structured to maximize continuity, and an introductory essay by Simon Blackburn explains the tools of symbolic logic. This groundbreaking volume sets a new standard for introducing students to the importance and fascination of philosophical inquiry. (shrink)

In this 1974 book a practising scientist and gifted expositor sets forth an exciting point of view on the nature of science and how it works.

BLWith new text and full apparatus criticus The Eudemian Ethics was one of two ethical treatises which Aristotle wrote on the subject of ethica or `matters to do with character'. Although the two works cover much the same ground, the Nicomachean Ethics is better known; the poor manuscript tradition of the Eudemian Ethics has made correct translation and interpretation of the text extremely difficult. The subject of the work is the choice of a certain means of conduct, made by a (...) `man of practical wisdom', between two extremes of behaviour: asceticism and yielding to uncontrolled impulses. Aristotle also stresses the notion of moral intention and the importance of virtue of character. This new Oxford Classical Text of the Eudemian Ethics is the result of many years of work. After Sir David Ross's death, his original text was substantially reworked and revised by his friend and colleague R. R. Walzer, who was aided in the revision by his former pupil Mrs Jean Mingay, who continued his work after his death in 1974. Mrs Mingay was fortunate in being able to make use of previously unpublished contributions from D. J. Allan after his death in the late seventies, and more recently has been helped in her work by the suggestions of Professor D. A. Russell, David Robinson, and Christopher Rowe. (shrink)

In this essay, after a brief decolonial analysis of the concept of “poetry” in Indigenous communities, I will investigate the poetic-philosophical implications of Cherokee culture, more specifically the poetic essence of the Cherokee language, the poetic aspects of Cherokee myth (pre-history) and post-myth (history), and the poetic-philosophical powers of Cherokee ritual. My first section analyzes the poetic essence, structure, special features, and historical context of the Cherokee language, drawing on Ruth Holmes and Betty Sharp Smith’s language textbook, Beginning Cherokee. (...) My second section considers poetic aspects of the pre-history and history of the Cherokee Nation considered as a text, using Robert J. Conley’s The Cherokee Nation: A History. And my third section investigates the poetic nature of the Cherokee rituals’ myth-ontological background and its existential psychological implications, via J. T. Garrett & Michael Tlanusta Garrett’s The Cherokee Full Circle: A Practical Guide to Ceremonies and Traditions. Collectively, these analyses will suggest that, just as the Cherokee and other tribes are the slandered, disenfranchised, suppressed and covered-over Indigenous peoples of the North American continent, so poetry writ large (including Indigenous philosophy) is the slandered, disenfranchised, suppressed and covered-over arche of western philosophy (as I have previously explored via a new interpretation of Nietzsche). In short, I will argue that both poetry and Cherokee culture can be understood as indigenous “absences” which are in truth vital and enduring presences. (shrink)