This book examines the field of bioethics from an international and regional legal perspective. It focuses on major international law documents such as the United Nations Universal Declaration on Bioethics and Human Rights and UNESCO declarations on human cloning and the human genome. Coverage of regional legal instruments includes the Council of Europe Convention on Human Rights and Biomedicine (the Oviedo Convention) and its Protocols on cloning, transplantation, and research with human beings. Work on surrogacy issues by the Hague Conference (...) on Private International Law is also discussed, as are some African regional legal instruments on biosafety, and stem cell research. (shrink)

The ArgumentWhen economists report on research using mathematical models, they use a literary form similar to the experimental report in the laboratory sciences. This form consists of a narrative of a series of events, with a clear temporal segregation of the agency of the author and the agency of the objects of study. Existing explanations of this literary form treat it as a rhetorical device that either conceals the agency of the author in constructing and interpreting the findings, or simply (...) appropriates the appearance of accepted scientific method. This article — based on analysis of a research program in economics, a single article that issued from that program, and in-depth interviews with the authors — proposes an alternate interpretation. Drawing on the praxeological “laboratory studies” tradition in science studies, we treat work with mathematical models as involving the interaction of economists with objects that act independently of the analyst's will. The clear separation of the economist's and the models agency, as depicted in the published report, is not the result of a rhetorical rewriting of actual events, but is a practical accomplishment. Every step in the analytical work that preceded the paper is devoted to developing a procedure in which the economists' agency will be completely accountable in terms of accepted practices, and the performance of the model will be distinct and compelling. (shrink)

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...) have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

Dan Marshall and Josh Parsons note, correctly. that the property of being either a cube or accompanied by a cube is incorrectly classified as intrinsic under the definition we have given unless it turns out to be disjunctive. Whether it is disjunctive, under the definition we gave, turns on certain judgements of the relative naturalness of properties. They doubt the judgements of relative naturalness that would classify their property as disjunctive. We disagree. They also suggest that the whole idea (...) of judging relative naturalness is a dubious business. We reply that, like them or not, such judgements cannot easily be avoided. (shrink)

Considered the most original thinker in the Italian philosophical tradition, Giambattista Vico has been the object of much scholarly attention but little consensus. In this new interpretation, David L. Marshall examines the entirety of Vico's oeuvre and situates him in the political context of early modern Naples. He demonstrates Vico's significance as a theorist who adapted the discipline of rhetoric to modern conditions. Marshall presents Vico's work as an effort to resolve a contradiction. As a professor of rhetoric (...) at the University of Naples, Vico had a deep investment in the explanatory power of classical rhetorical thought, especially that of Aristotle, Cicero, and Quintilian. Yet as a historian of the failure of Naples as a self-determining political community, he had no illusions about the possibility or worth of democratic and republican systems of government in the post-classical world. As Marshall demonstrates, by jettisoning the assumption that rhetoric only illuminates direct, face-to-face interactions between orator and auditor, Vico reinvented rhetoric for a modern world in which the Greek polis and the Roman res publica are no longer paradigmatic for political thought. (shrink)

I describe a realist, ontologically objective interpretation of probability, "far-flung frequency (FFF) mechanistic probability". FFF mechanistic probability is defined in terms of facts about the causal structure of devices and certain sets of frequencies in the actual world. Though defined partly in terms of frequencies, FFF mechanistic probability avoids many drawbacks of well-known frequency theories and helps causally explain stable frequencies, which will usually be close to the values of mechanistic probabilities. I also argue that it's a virtue rather than (...) a failing of FFF mechanistic probability that it does not define single-case chances, and compare some aspects of my interpretation to a recent interpretation proposed by Strevens. (shrink)

Organisms' environments are thought to play a fundamental role in determining their fitness and hence in natural selection. Existing intuitive conceptions of environment are sufficient for biological practice. I argue, however, that attempts to produce a general characterization of fitness and natural selection are incomplete without the help of general conceptions of what conditions are included in the environment. Thus there is a "problem of the reference environment"—more particularly, problems of specifying principles which pick out those environmental conditions which determine (...) fitness. I distinguish various reference environment problems and propose solutions to some of them. While there has been a limited amount of work on problems concerning what I call "subenvironments", there appears to be no earlier work on problems of what I call the "whole environment". The first solution I propose for a whole environment problem specifies the overall environment for natural selection on a set of biological types present in a population over a specified period of time. The second specifies an environment relevant to extinction of types in a population; this kind of environment is especially relevant to certain kinds of long-term evolution. (shrink)

One controversy about the existence of so called evolutionary forces such as natural selection and random genetic drift concerns the sense in which such “forces” can be said to interact. In this paper I explain how natural selection and random drift can interact. In particular, I show how population-level probabilities can be derived from individual-level probabilities, and explain the sense in which natural selection and drift are embodied in these population-level probabilities. I argue that whatever causal character the individual-level probabilities (...) have is then shared by the population-level probabilities, and that natural selection and random drift then have that same causal character. Moreover, natural selection and drift can then be viewed as two aspects of probability distributions over frequencies in populations of organisms. My characterization of population-level probabilities is largely neutral about what interpretation of probability is required, allowing my approach to support various positions on biological probabilities, including those which give biological probabilities one or another sort of causal character. ‡This paper has benefited from feedback on and discussions of this and earlier work. I want to thank André Ariew, Matt Barker, Lindley Darden, Patrick Forber, Nancy Hall, Mohan Matthen, Samir Okasha, Jeremy Pober, Robert Richardson, Alex Rosenberg, Eric Seidel, Denis Walsh, and Bill Wimsatt. †To contact the author, please write to: Department of Philosophy, University of Alabama at Birmingham, HB 414A, 900 13th Street South, Birmingham, AL 35294-1260; e-mail: [email protected]. (shrink)

It has been argued that biological fitness cannot be defined as expected number of offspring in all contexts. Some authors argue that fitness therefore merely satisfies a common schema or that no unified mathematical characterization of fitness is possible. I argue that comparative fitness must be relativized to an evolutionary effect; thus relativized, fitness can be given a unitary mathematical characterization in terms of probabilities of producing offspring and other effects. Such fitnesses will sometimes be defined in terms of probabilities (...) of effects occurring over the long term, but these probabilities nevertheless concern effects occurring over the short term. †To contact the author, please write to: Department of Philosophy, University of Alabama at Birmingham, HB 414A, 900 13th Street South, Birmingham, AL 35294‐1260; e‐mail: [email protected]. (shrink)

Citing a lifelong engagement with Marxism, critic and writer Marshall Berman reveals the movement's positive points and suggests a new beginning for Marxism may be on the horizon with its recent 150th anniversary attention.

Ruth Millikan and others advocate theories which attempt to naturalize wide mental content (e.g. beliefs.

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, and (...) his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

This chapter explores a philosophical hypothesis about the nature of (some) probabilities encountered in social sciences. It should be of interest to those with philosophical concerns about the foundations of probability, and to social scientists and philosophers of science who are somewhat puzzled by the nature of probability in social domains. As will become clear below, the chapter is not intended as a contribution to an empirical methodology such as a particular way of applying statistics.

Recent debate on the nature of probabilities in evolutionary biology has focused largely on the propensity interpretation of fitness (PIF), which defines fitness in terms of a conception of probability known as “propensity”. However, proponents of this conception of fitness have misconceived the role of probability in the constitution of fitness. First, discussions of probability and fitness have almost always focused on organism effect probability, the probability that an organism and its environment cause effects. I argue that much of the (...) probability relevant to fitness must be organism circumstance probability, the probability that an organism encounters particular, detailed circumstances within an environment, circumstances which are not the organism’s effects. Second, I argue in favor of the view that organism effect propensities either don’t exist or are not part of the basis of fitness, because they usually have values close to 0 or 1. More generally, I try to show that it is possible to develop a clearer conception of the role of probability in biological processes than earlier discussions have allowed. (shrink)

It’s recently been argued that biological fitness can’t change over the course of an organism’s life as a result of organisms’ behaviors. However, some characterizations of biological function and biological altruism tacitly or explicitly assume that an effect of a trait can change an organism’s fitness. In the first part of the paper, I explain that the core idea of changing fitness can be understood in terms of conditional probabilities defined over sequences of events in an organism’s life. The result (...) is a notion of “conditional fitness” which is static but which captures intuitions about apparent behavioral effects on fitness. The second part of the paper investigates the possibility of providing a systematic foundation for conditional fitness in terms of spaces of sequences of states of an organism and its environment. I argue that the resulting “organism–environment history conception” helps unify diverse biological perspectives, and may provide part of a metaphysics of natural selection. (shrink)

and was correct to conclude that the way a biological population is described should affect conclusions about whether natural selection occurs, but wrong to conclude that natural selection is therefore not a cause. After providing a new argument that ignored crucial biological details, I give a biological illustration that motivates a fairly extreme dependence on description. I argue that contrary to an implication of , biologists allow much flexibility in describing populations, as contemporary research on recent human evolution shows. Properly (...) understood, such description-dependence is consistent with descriptions capturing different causal relations involving the same population. I thus show that Walsh’s arguments fail for reasons that have not previously been understood; I argue that Walsh’s more recent “Sure Thing” argument fails for similar reasons. The resulting view provides a new perspective on causation in evolutionary processes. (shrink)

One finds intertwined with ideas at the core of evolutionary theory claims about frequencies in counterfactual and infinitely large populations of organisms, as well as in sets of populations of organisms. One also finds claims about frequencies in counterfactual and infinitely large populations—of events—at the core of an answer to a question concerning the foundations of evolutionary theory. The question is this: To what do the numerical probabilities found throughout evolutionary theory correspond? The answer in question says that evolutionary probabilities (...) are “hypothetical frequencies” (including what are sometimes called “long-run frequencies” and “long-run propensities”). In this paper, I review two arguments against hypothetical frequencies. The arguments have implications for the interpretation of evolutionary probabilities, but more importantly, they seem to raise problems for biologists’ claims about frequencies in counterfactual or infinite populations of organisms and sets of populations of organisms. I argue that when properly understood, claims about frequencies in large and infinite populations of organisms and sets of populations are not threatened by the arguments. Seeing why gives us a clearer understanding of the nature of counterfactual and infinite population claims and probability in evolutionary theory. (shrink)

I define a concept of causal probability and apply it to questions about the role of probability in evolutionary processes. Causal probability is defined in terms of manipulation of patterns in empirical outcomes by manipulating properties that realize objective probabilities. The concept of causal probability allows us see how probabilities characterized by different interpretations of probability can share a similar causal character, and does so in such way as to allow new inferences about relationships between probabilities realized in different chance (...) setups. I clarify relations between probabilities and properties defined in terms of them, and argue that certain widespread uses of computer simulations in evolutionary biology show that many probabilities relevant to evolutionary outcomes are causal probabilities. This supports the claim that higher-level properties such as biological fitness and processes such as natural selection are causal properties and processes, contrary to what some authors have argued. (shrink)

Margaret Cavendish Margaret Lucas Cavendish, the Duchess of Newcastle, was a philosopher, poet, playwright and essayist. Her philosophical writings were concerned mostly with issues of metaphysics and natural philosophy, but also extended to social and political concerns. Like Hobbes and Descartes, she rejected what she took to be the occult explanations of the Scholastics. […].

Introduction : music and abstraction -- Music and fantasy -- German romanticism and music -- Negative poetics : on skepticism and the lyric voice -- Rethinking the scale of literary history -- Mozart, Bach, and musical abjection -- Moods at mid-century : Handel and English literature, 1740-1760 -- Passion and love : anacreontic song and the roots of romantic lyric -- Haydn's whimsy : poetry, sexuality, repetition -- Non Giovanni : Mozart with Hegel.

The “embeddedness” of economic life in social relations has become a productive analytical principle and the basis of a penetrating critique of economic orthodoxy. But this critique raises another important, social and historical question, of how the economy became “disembedded” in the first place – how the multitude of transactions designated (somewhat arbitrarily) as economic were abstracted from the rest of social life and reconstituted as an object, the economy, which behaves according to its own logic. This article investigates the (...) social sources of some innovations in economic thought that contributed to the emergence of the economy, particularly statistical indicators and mechanical models. By examining the redefinitions of the object of economic research developed by Irving Fisher and Wesley Mitchell in the 1890s and the first decades of the twentieth century, I argue that the abstraction of the economy from the remainder of social life was a strategy linked to the position of these innovators within the field of economics, conceived as a social structure. Possessing a specialized scientific cultural capital, but lacking upper class background, contacts, and dispositions that characterized the founders of academic economics, Fisher and Mitchell elaborated new definitions of their discipline's object of study, and a new type of economic expertise. (shrink)

The notion of “cultural competency” in healthcare has gained currency in recent years. Health professionals are expected to be sensitive to the cultural backgrounds and language of their patients. Courses on cultural competency are now routinely offered to physicians, nurses, and others working in health fields. Although the rhetoric of cultural competency has been applied to clinical contexts, little attention has been given to its applicability in health research generally or, more specifically, in international health research. In this paper, I (...) briefly explore the relevance and limitations of cultural competency for informed consent to international health research, particularly in the context of low-resource settings. (shrink)

The political and ideological turmoil of the late 1960's stimulated among Anglo-American philosophers a new interest in applying moral philosophy to the problems of contemporary society, and a search for critical perspectives on Marx and Marxist thought. These essays, originally published in Philosophy & Public Affairs, contribute to both these areas in the form of new Marxist scholarship and in illuminating the way in which Marxist criticism and social theory bear on contemporary analytic moral philosophy and current moral problems. Originally (...) published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

ABSTRACT After a brief review of environmental ethics this paper examines how terrestrial environmental values can be developed into policies to protect extraterrestrial environments. Shallow environmentalism, deep environmentalism and the libertarian extension of rights are compared and then applied to the environmental protection of extraterrestrial bodies. Some scientific background is given. The planet Mars is used as a test case from which an ethical argument emerges for the protection of environments beyond Earth. The argument is based on the necessity to (...) recognise the intrinsic value of all living species and natural environments. At present, the treatment of extraterrestrial environments by makers of space policy is ethically undernourished. This paper explains why such an attitude endangers those environments and calls for the policy‐makers to incorporate non‐anthropocentric ethics into extraterrestrial environmental policy. (shrink)

Thomas Aquinas famously held that (A) theft is always wrong, and also that (B) it is permissible for a starving man to take the bread he needs, openly or secretly, from another. He reconciled these two positions by claiming that (C) in cases of great need, it is not theft to take someone else’s property when she does not need it herself. On its face, (C) looks like a theoretically costly concession that Aquinas is forced into in order to reconcile (...) (A) and (B). Our first aim is to show that this is not so. We argue that (C) is in fact the only way to accommodate a set of intuitive norms of keeping and taking. Our second aim is to show that (C) has important implications for theories of property more generally: a plausible theory of property must acknowledge a foundational sense of "belong" on which things belong to those who need them. (shrink)

Sewall Wright ’s FST is a mathematical test widely used in empirical applications to characterize genetic and other differences between subpopulations, and to identify causes of those differences. Cockerham and Weir’s popular approach to statistical estimation of FST is based on an assumption sometimes formulated as a claim that actual populations tested are sampled from.

This paper examines the relationship between gender and ethical decision models employed by managers. Subjects completed a survey that measured the extent to which they focused on actions or the outcomes of those actions in determining whether a behavior was ethical or not. The study also examined subjects' reactions to other managers' responses to ethical dilemmas. Results suggest that men and women do not differ in their underlying ethical models, that they do differ in the way in which they evaluate (...) others in ethical situations, and that ethical predispositions play an important role in those evaluations. (shrink)