Television advertisements depicting the use of electronic cigarettes have recently exposed minors to images of smoking behaviors. While these advertisements are currently legal, existing laws should be interpreted or expanded to ban the commercial depiction of smoking behaviors with any product that resembles a cigarette to shield minors from potentially influential advertising.
Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's “individual mandate” (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial “inactivity.” Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. (...) Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. (shrink)
In the interview conducted with Giovanna Borradori, after the attack on the World Trade Centre, in September 2001, Jacques Derrida is pressed to specify connections between his own thinking, Heidegger's deployment of the term ‘event’, and the use of the term ‘event’ to pick out the unprecedented character of that attack. Derrida intimates that the attack is, perhaps, not as unprecedented, not the ‘wholly other’ which it has been framed as being. His reading of that event is to move it (...) from a naive status, as ‘wholly other’, to a philosophically inflected thinking of the political, in the mode of the ‘wholly otherwise’, that is, in a sense to be made out here, whereby politics takes precedence over physics, as the originator of the basic components to be thought, and whereby the future takes precedence over the past, as the site at which what is arrives. The principal aim of this article is to consider how to think this counter-factual ontology, in the mode of a future anteriority. The article will set out Heidegger's move from affirming a fundamental ontology, of Dasein, to an ontology in parentheses (vom Ereignis) but will show how both of these are objectionable, on different counts, to Derrida and to Levinas. Derrida explores the options of supplementing an inadmissible thetic stance, with respect to the future, and therefore with respect to what there is, by developing the notion of the prosthetic, that which stands in for the impossible, timelessly asserted thesis. Levinas invents a new mode of phenomenology which opens a route into this ‘wholly otherwise’. These two strands of enquiry contribute to an analysis displacing these versions of ontology, in favour of a reformulation of political ontology. A subsidiary aim is to clarify Derrida's reservations with respect to the Heideggerian notion of the event. These reservations about Heidegger's usage throw light on his reluctance to deploy the term, within an analysis of the destruction of the World Trade Centre. (shrink)
Full-text of this article is not available in this e-prints service. This article was originally published [following peer-review] in Diacritics, published by and copyright The Johns Hopkins University Press.
Proceedings of the Pittsburgh Workshop in History and Philosophy of Biology, Center for Philosophy of Science, University of Pittsburgh, March 23-24 2001 Session 3: Natural Selection as a Causal Theory.
Heidegger and ethics is a contentious conjunction of terms. Martin Heidegger himself rejected the notion of ethics, while his endorsement of Nazism is widely seen as unethical. This major study examines the complex and controversial issues involved in bringing Heidegger and ethics together. Working backwards through his work, from his 1964 claim that philosophy has been completed to his first major book, Being and Time, Joanna Hodge questions Heidegger's denial that his inquiries were concerned with ethics. She discovers a form (...) of ethics in Heidegger's thinking which elucidates his important distinction between metaphysics and philosophy. Opposing many contemporary views, Hodge proposes that ethics can be retrieved and questions the relation between ethics and metaphysics that Heidegger made so pervasive. (shrink)
