A common objection to the very idea of conceptual engineering is the topic continuity problem: whenever one tries to “reengineer” a concept, one only shifts attention away from one concept to another. Put differently, there is no such thing as conceptual revision: there’s only conceptual replacement. Here, I show that topic continuity is compatible with conceptual replacement. Whether the topic is preserved in an act of conceptual replacement simply depends on what is being replaced (a conceptual tool or a conceptual (...) role) and what the topic under discussion is. Thus, the topic continuity problem only arises from a failure to specify these two things. (shrink)

A differenza dell'età moderna e contemporanea, nell'antichità e nel Medioevo, moltissimi sono stati i commenti che hanno avuto il valore di testi filosofici fondamentali, vere e proprie pietre miliari nella storia del pensiero. E questo è il caso di Alessandro di Afrodisia e del commento che qui si presenta, per la prima volta tradotto in italiano, al De Anima di Aristotele. L'opera di Alessandro ebbe un'enorme influenza sul pensiero del Medioevo e del Rinascimento e per questo motivo, oltre ad essere (...) un passaggio obbligato per la conoscenza della filosofia antica e tardoantica, essa può interessare anche studiosi e studenti della filosofia di queste due età più recenti. (shrink)

SummaryBorn to a noble family in the Italian Trentino, Prati studied philosophy in Austria and Germany. Returning to Italy, he joined the carbonari, a network of revolutionary secret societies. Forced into exile in Switzerland, he worked as an educator alongside Pestalozzi. Following his expulsion from Switzerland, Prati sought refuge in Britain, becoming acquainted with Coleridge, the Benthamite utilitarians, and the Owenites. Following the July Revolution, Prati went to Paris, where he became a Saint-Simonian. Returning to Britain, he sought to convert (...) the British to Saint-Simonism, before undertaking a series of other literary projects. He eventually returned to Italy, where he entered into correspondence with the Roman Catholic philosopher Antonio Rosmini. Prati left behind him a trail of letters, newspaper articles, pamphlets, and books, written in four different European languages. These have been hitherto neglected by scholars, and constitute the basis of the current article. (shrink)

Renaud Barbaras, La vie lacunaire [Thomas Vercruysse, p. 324] • Wolfram Hogrebe, Der implizite Mensch [Federica Ceranovi, p. 334] • Emmanuel Alloa, Das durchscheinende Bild [Maria Teresa Costa, p. 344] • Alexander R. Galloway, The Interface Effect [Angela Maiello, p. 346] • Francisco José Ramos, La significación del lenguaje poético [Michele Gardini, p. 348] • Alessandro Arbo, Entendre comme. Wittgenstein et l’esthétique musicale [Leonardo V. Distaso, p. 351.

Computational learning theory explores the limits of learnability. Studying language acquisition from this perspective involves identifying classes of languages that are learnable from the available data, within the limits of time and computational resources available to the learner. Different models of learning can yield radically different learnability results, where these depend on the assumptions of the model about the nature of the learning process, and the data, time, and resources that learners have access to. To the extent that such assumptions (...) accurately reflect human language learning, a model that invokes them can offer important insights into the formal properties of natural languages, and the way in which their representations might be efficiently acquired. In this chapter we consider several computational learning models that have been applied to the language learning task. Some of these have yielded results that suggest that the class of natural languages cannot be efficiently learned from the primary linguistic data (PLD) available to children, through.. (shrink)

This paper offers a critique of empirical tests of the free will, aiming at a presupposition underpinning the experiments’ methodology. The presupposition is that the artificial reporting of machines is prima facie directly congruent with the first-person perspectival report of the participant. A critique of the method reveals the problematic nature of this methodological set-up. The phenomenological critique, however, also carries implications for a theoretical framework dealing with ‘embodied’ religion; these implications will be dis-cussed via reference to the article by (...) Marcel Sarot. (shrink)

The rise of modernity in the 19th century can, among other things, be vividly illustrated by the phenomenal advance of medical profession and, in particular, surgery as its most radical form. In the 20th century, the doctor has already been steadily associated with the phenomenon of power. Medical experiments on human subjects are generally recognized as one of the most extreme manifestations of this discursive nexus. Despite considerable amount of historical research, predominantly dealing with the experiences of Nazi medicine and (...) its patients in concentration camps and some other disciplinary institutions, as well as somewhat gloomy attraction providing for unabated fascination on the part of trivial literature, such experiments have not yet become an established literary topos. The elusive nature of this phenomenon which belongs to the kern of post-war anxiety, but is rarely addressed to, allows me to attest to the fact that human experiments, especially those conducted in Nazi concentration camps, have become a cultural «exclusion zone». Nonetheless, there is a whole range of texts in which attempts has been made to overcome the cultural taboo and to give voice to the victims of human vivisection. Two of them – Friedrich Dürrenmatt’s Suspicion and Marcel Beyers The Flying Foxes – are analyzed in this paper against the backdrop of the so called «intellectual witness» – a concept proposed by Geoffrey Hartman and meaning a distanced witnessing, mostly on behalf of younger generations or, as in case with Dürrenmatt, of those who stayed aside of the World War II. In both novels, the narrative structures of intellectual witnessing serve to surmount the metaphorizing tendency which turns the reality of human experiments into tropes corroborating the author’s idea or concept. Combining documentary elements with the elements of trivial fiction, Dürrenmatt and Beyer make significant strides in deconstructing the naïve «over-identifying» with the victims, as well as their overt fictionalization. As a result, they manage to open the possibility of witness beyond the perspective of eyewitnesses, and at the same time subjugate this rearticulation of the past to the demands of the present situation that facilitates it. This perilous duality reveals the ethical double bind which seems to be inherent to the most reactualizations of utterly traumatic historical experiences, such as human experimentation, transformed into «exclusion zones» and then voiced through intellectual witness and other forms of «secondary witness». In order to become an object of witnessing, those traumatic experiences must correspond to the anxieties of the present originating from them. While triggering the reactualization process, such anxieties, however, also subject the experience of concrete victims to the desiderata of a traumatized «(intellectual) witness» and, in such a way, misuse the tragedy as a means of the witness’s coming to terms with his or her own trauma. (shrink)

Diese neueste Buchveröffentlichung von Professor Vincenzo RUGGIERI SJ, der am Pontificio Istituto Orientale in Rom byzantinische Archäologie und byzantinische Geschichte lehrt, stellt einige archäologische byzantinische Stätten aus seinem traditionellen Forschungsgebiet in der historischen Kirchenprovinz Karien vor, die im westlichen Kleinasien gelegen war. Hier wartet R. nun zum größten Teil mit von ihm selbst aufgefundenen und erforschten Monumenten auf und das vorgelegte Werk kann als die geographisch nördliche Fortsetzung der im selben Verlag bereits im Jahre 2003 erschienenen stattlichen und sehr umfangreichen (...) Monographie über die frühchristlichen und byzantinischen Denkmäler am Golf von Keramos (V. RUGGIERI, Il golfo di Keramos. Dal tardo-antico al medioevo bizantino. Soveria Mannelli 2003. 441 S.; vgl. dazu nun auch die Rezension von: M. DENNERT, Oriens Christianus 89 (2005), 295–297.) begriffen werden – dieser Meeresarm gehört übrigens auch zu Karien. Zugrunde liegen beiden Buchpublikationen Ergebnisse etlicher in den 1990er Jahren durchgeführter systematischer Geländebegehungen (‚Surveys‘) des Forschungsteams um R., von denen an einigen auch der Verfasser dieser Zeilen mitgewirkt hat; vgl. A. Zäh, OCP 63 (1997) 147 ff. Die hier vorgestellten bisher zum größten Teil neu aufgefundenen und hiermit bekannt gemachten byzantinischen Denkmäler sind auf der Halbinsel von Halikarnassos (heute: Bodrum) und im westlichen Karien (Myndos, Bargylia) gelegen – des Weiteren werden hier einige Binnen-Orte in Zentralkarien (Euromos, Mylasa, Labraunda, Stratonikeia und Lagina) und viele weitere kleinere Fundorte vorgestellt. Die großen historischen Stätten des nördlichen Karien, wie Milet, Aphrodisias (Stauroúpolis) oder Antiocheia ad Meandrum, werden nicht behandelt. Die hier vorgeführten Orte und Regionen verfügen über eine stattliche Anzahl von Denkmälern, die nun nicht minder bedeutender sind als der Denkmälerbestand am Golf von Keramos, und das mag damit die hier vorgelegte zusammenfassende weitere monographische Abhandlung rechtfertigen. Denn das Werk fasst die wesentlichen Ergebnisse der Ruggieri-Forschungen der 1990er Jahre zusammen, die bisher über diverse JÖB- und OCP-Artikel verstreut erschienen sind (im Literaturverzeichnis Bibliografia S. 32 f. teilweise aufgeführt) und aus, einschränkend erst im Untertitel genannten, diversen Poleïs und deren Umland in Karien stammen. Das Buch bringt aber im Gegensatz zu diesen Artikeln auch gute farbige Abb. der hier entdeckten byzantinischen Wandmalereien und führt ebenso diverse Fußbodenmosaike und Bauskulpturfragmente erneut – zum Teil allerdings bisher auch völlig unbekanntes Material – in übersichtlicher Art und Weise vor. Das Werk ist als eine Gesamtschau der Ruggieri-Entdeckungen in diesem Gebiet anzusprechen. R. ist dem Kleinasien-Kenner seit langem als ein detailverliebter Beobachter und Auffinder sowie hartnäckiger Initiator und fortwährend laufender verlässlicher Motor einer planmäßigen christlichen kunstgeographischen Erschließung nicht nur dieser Region bekannt – wie es auch diese Publikation eindringlich veranschaulicht. (shrink)

Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as "trigger warnings" for course materials; "safe spaces" where students are protected from speech they consider harmful or distressing; "micro-aggression" policies that often strongly discourage the use of words that might offend sensitive individuals; new "bias-reporting" programs that consist of different degrees (...) of campus surveillance; the "dis-invitation" of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent "shouting down" or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them. The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of "due process" in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic. (shrink)

Arguments have always played a central role within logic and philosophy. But little attention has been paid to arguments as a distinctive kind of discourse, with its own semantics and pragmatics. The goal of this essay is to study the mechanisms by means of which we make arguments in discourse, starting from the semantics of argument connectives such as `therefore'. While some proposals have been made in the literature, they fail to account for the distinctive anaphoric behavior of `therefore', as (...) well as uses of argument connectives in complex arguments, suppositional arguments, arguments with non-declarative conclusions, as well as arguments with parenthetical remarks. A comprehensive account of arguments requires imposing a distinctive tree-like structure on contexts. We show how to extend our account to accommodate modal subordination and and di fferent flavors of `therefore'. (shrink)

Recent mathematical results, obtained by the author, in collaboration with Alexander Stokolos, Olof Svensson, and Tomasz Weiss, in the study of harmonic functions, have prompted the following reflections, intertwined with views on some turning points in the history of mathematics and accompanied by an interpretive key that could perhaps shed some light on other aspects of (the development of) mathematics.

The paper argues that the philosophy that was taught in Orthodox schools of the Polish-Lithuanian Commonwealth in late 16th – early 17th century and then became the ideological basis for the Moscow “Latinism” can be attributed to so-called Second scholasticism. The main features of Second scholasticism are the rejection of predestination in theology, usage of probabilistic approaches in logic and ethics and confrontation with absolutism in politics. These features made Second scholasticism unacceptable for absolute monarchies emerging in Europe (including the (...) Russian Empire) which utilized universal rationalism of the early Enlightenment as an ideological basis. Both in Western Europe and in Russia Second scholasticism became “a zone of cultural exclusion”. However prevalence of Second scholasticism in Orthodox schools of the Polish-Lithuanian Commonwealth concurred with making up of the Ukrainian cultural originality and in many respects defined characteristic features of the Ukrainian mentality. (shrink)

In the paper, a detailed analysis of some new logical aspects of Cantor’s diagonal proof of the uncountability of continuum is presented. For the first time, strict formal, axiomatic, and algorithmic definitions of the notions of potential and actual infinities are presented. It is shown that the actualization of infinite sets and sequences used in Cantor’s proof is a necessary, but hidden, condition of the proof. The explication of the necessary condition and its factual usage within the framework of Cantor’s (...) proof makes, Cantor’s proof invalid. It’s shown that traditional Cantor’s proof has a second necessary, but hidden as well, condition which is teleological by its nature, i.e., is not mathematical. The explication of the second necessary condition makes Cantor’s statement on the uncountability of continuum unprovable from the point of view of classical logic.One of the most dramatic facts in history of science is connected just with the notion of actual infinity and consists in the following. On the one hand, Aristotle, Berkeley, Locke, Descartes, Spinoza, Gauss, Kant, Cauchy, Kronecker, Hermite, Poincaré, Bair, Borel, Brouwer, Quine, Wittgenstein, Weyl, Luzin, and a lot of other outstanding creators of classical logic and classical mathematics, during millenniums, stated categorically and insistently warned about that the actual infinity is a self-contradictory notion and its usage in mathematics is inadmissible (e.g., according to Poincare, “There is no actual infinity. - Cantorians forgot that and fell into contradictions. Later generations will regard Mengenlehre (set theory) as a disease from which one has recovered”). On the other hand, a lot of outstanding scientists of the XX c.c., such as Hilbert, Church, Turing, Gödel, etc., and modern axiomatic set theory as a whole ignored this (intuitive though) opinion of genii and accepted Cantor’s “transfinite paradise”, based on the actual infinity. In the paper some logical, philosophical, and psychological aspects of this historical “favorable opposition” are analyzed, and the fact that the scientific intuition of genii has won the historical battle against the mytho-’logic’ of Cantor’s transfinite ‘paradise’ is explained and logically justified. (shrink)

In the paper, a detailed analysis of some new logical aspects of Cantor’s diagonal proof of the uncountability of continuum is presented. For the first time, strict formal, axiomatic, and algorithmic definitions of the notions of potential and actual infinities are presented. It is shown that the actualization of infinite sets and sequences used in Cantor’s proof is a necessary, but hidden, condition of the proof. The explication of the necessary condition and its factual usage within the framework of Cantor’s (...) proof makes, Cantor’s proof invalid. It’s shown that traditional Cantor’s proof has a second necessary, but hidden as well, condition which is teleological by its nature, i.e., is not mathematical. The explication of the second necessary condition makes Cantor’s statement on the uncountability of continuum unprovable from the point of view of classical logic.One of the most dramatic facts in history of science is connected just with the notion of actual infinity and consists in the following. On the one hand, Aristotle, Berkeley, Locke, Descartes, Spinoza, Gauss, Kant, Cauchy, Kronecker, Hermite, Poincaré, Bair, Borel, Brouwer, Quine, Wittgenstein, Weyl, Luzin, and a lot of other outstanding creators of classical logic and classical mathematics, during millenniums, stated categorically and insistently warned about that the actual infinity is a self-contradictory notion and its usage in mathematics is inadmissible (e.g., according to Poincare, “There is no actual infinity. - Cantorians forgot that and fell into contradictions. Later generations will regard Mengenlehre (set theory) as a disease from which one has recovered”). On the other hand, a lot of outstanding scientists of the XX c.c., such as Hilbert, Church, Turing, Gödel, etc., and modern axiomatic set theory as a whole ignored this (intuitive though) opinion of genii and accepted Cantor’s “transfinite paradise”, based on the actual infinity. In the paper some logical, philosophical, and psychological aspects of this historical “favorable opposition” are analyzed, and the fact that the scientific intuition of genii has won the historical battle against the mytho-’logic’ of Cantor’s transfinite ‘paradise’ is explained and logically justified. (shrink)

A profile of Alexander Lowen between psychotherapy and philosophy This text is a revised version of a speech, given at a conference in Naples in memory of Alexander Lowen (1910-2008) on the tenth anniversary of his death. My remarks try to answer two simple questions, namely what philosophy learns from a system of psychology of personality and psychotherapy such as the one developed by Alexander Lowen, and – turning the perspective around – what a humanistic psychology such (...) as bioenergetics can learn from philosophy. I argue that bioenergetics encourages philosophy to rediscover vitality as a fundamental value and to look with new eyes at themes of its most ancient tradition such as the ethics of pleasure and happiness, which are Lowenian topics par excellence. On the other side, philosophy warns psychologists and psychotherapists against reductionism. Psychology and psychotherapy can learn from philosophy and humanistic culture to proceed in an “integrative” rather than reductionist way, and to stay open to the variety of possible experiences. (shrink)

To figure out whether the main empirical question “Is our brain hardwired to believe in and produce God, or is our brain hardwired to perceive and experience God?” is answered, this paper presents systematic critical review of the positions, arguments and controversies of each side of the neuroscientific-theological debate and puts forward an integral view where the human is seen as a psycho-somatic entity consisting of the multiple levels and dimensions of human existence (physical, biological, psychological, and spiritual reality), allowing (...) consciousness/mind/spirit and brain/body/matter to be seen as different sides of the same phenomenon, neither reducible to each other. The emergence of a form of causation distinctive from physics where mental/conscious agency (a) is neither identical with nor reducible to brain processes and (b) does exert “downward” causal influence on brain plasticity and the various levels of brain functioning is discussed. This manuscript also discusses the role of cognitive processes in religious experience and outlines what can neuroscience offer for study of religious experience and what is the significance of this study for neuroscience, clinicians, theology and philosophy. A methodological shift from “explanation” to “description” of religious experience is suggested. This paper contributes to the ongoing discussion between theologians, cognitive psychologists and neuroscientists. (shrink)

There has long been tension between bioethicists whose work focuses on classical philosophical inquiry and those who perform empirical studies on bioethical issues. While many have argued that empirical research merely illuminates current practices and cannot inform normative ethics, others assert that research-based work has significant implications for refining our ethical norms. In this essay, I present a novel construct for classifying empirical research in bioethics into four hierarchical categories: Lay of the Land, Ideal Versus Reality, Improving Care, and Changing (...) Ethical Norms. Through explaining these four categories and providing examples of publications in each stratum, I define how empirical research informs normative ethics. I conclude by demonstrating how philosophical inquiry and empirical research can work cooperatively to further normative ethics. (shrink)

This paper takes on several distinct but related tasks. First, I present and discuss what I will call the “Ignorance Thesis,” which states that whenever an agent acts from ignorance, whether factual or moral, she is culpable for the act only if she is culpable for the ignorance from which she acts. Second, I offer a counterexample to the Ignorance Thesis, an example that applies most directly to the part I call the “Moral Ignorance Thesis.” Third, I argue for a (...) principle—Don’t Know, Don’t Kill—that supports the view that the purported counterexample actually is a counterexample. Finally, I suggest that my arguments in this direction can supply a novel sort of argument against many instances of killing and eating certain sorts of animals. (shrink)

The present study investigated whether individual differences between psychologists in thinking styles are associated with accuracy in diagnostic classification. We asked novice and experienced clinicians to classify two clinical cases of clients with two co-occurring psychological disorders. No significant difference in diagnostic accuracy was found between the two groups, but when combining the data from novices and experienced psychologists accuracy was found to be negatively associated with certain decision making strategies and with a higher self-assessed ability and preference for a (...) rational thinking style. Our results underscore the idea that it might be fruitful to look for explanations of differences in the accuracy of diagnostic judgments in individual differences between psychologists (such as in thinking styles or decision making strategies used), rather than in experience level. (shrink)

Unfortunately, there is broad confusion regarding the justification for healthcare professionals unilaterally limiting or withdrawing life-prolonging interventions. Many mistakenly believe that suc...

In the United States, patients have a clear right to determine what is done to them by doctors. Starting in the early 20th century, multiple court cases paved the way for our current understanding...

The SOPhiA conferences are intended to give young predoctoral philosophers the possibility to actively attend a professional conference, to tackle current, as well as classical, philosophical problems, and to discuss their own approaches with promising students from many dierent countries as well as with wellestablished experts. We are firmly convinced that this is a natural and necessary step for promoting the next generation of analytic philosophers and thus, strengthening analytic philosophy in general. Because we believe that the methods of analytic (...) philosophy can be fruitfully applied to all areas of philosophy, the SOPhiA conferences do not have a thematic focus; this is also reflected by the fact that the talks given at SOPhiA 2011 covered all areas of philosophy. (shrink)

The American Society for Bioethics and Humanities promulgated standards for clinical ethics consultants and is currently developing a national Quality Attestation in Clinical Ethics Consultation to assist facilities in ensuring that those performing clinical ethics consultations meet minimum standards. As the field moves towards such professionalization, there is a need to provide access to qualified clinical ethicists at a broad range of medical facilities. Currently, however, there are insufficient numbers of trained clinical ethicists to staff all healthcare facilities, and many (...) facilities lack the necessary resources to hire staff clinical ethicists. In this review, we describe several models for providing expert clinical ethics support to remote facilities that lack access to qualified clinical ethicists. Based on this analysis, we recommend telemedicine as the optimal model providing expert support to local ethics committee members tasked with providing clinical ethics consultation services. (shrink)

The American Journal of Bioethics, Volume 11, Issue 11, Page 22-23, November 2011.

Volume 20, Issue 6, June 2020, Page 30-32.

There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people, (...) this is for many different kinds of reasons—there is no one wrong-making feature that every morally objectionable using has in common. After discussing these claims, I use them to present and motivate what I call the “precaution” theory of norms against using people. I conclude by considering a few cases from the criminal law context—cases that are naturally described as using people—to assess the moral appropriateness of this kind of use in these cases, and to demonstrate how the theory applies to the real world. (shrink)

This paper connects the question of the rationality of voting to the question of what it is morally permissible for elected representatives to do. In particular, the paper argues that it is rational to vote to increase the strength of the manifest normative mandate of one's favored candidate. I argue that, due to norms of political legitimacy, how representatives ought to act while in office is tied to how much support they have from their constituents, where a representative’s “support” is (...) a function of the percentage of adults living in the political jurisdiction who voted for her. In a representative system, whether a particular law or policy is legitimate is in part a function of how much support the particular representative government has, rather than simply being a function of the governmental structure or the normative content of the law or policy. Representatives with more support can permissibly act more like trustees (doing what they think is best) and less like delegates (doing what their constituents presently prefer). I argue that this fact provides a reason for individuals to vote, even given the incredibly small chance an individual voter has of casting a pivotal vote. (shrink)

In this paper we aim to show that phenomenal consciousness is realized by a particular level of brain operational organization and that understanding human consciousness requires a description of the laws of the immediately underlying neural collective phenomena, the nested hierarchy of electromagnetic fields of brain activity – operational architectonics. We argue that the subjective mental reality and the objective neurobiological reality, although seemingly worlds apart, are intimately connected along a unified metastable continuum and are both guided by the universal (...) laws of the physical world such as criticality, self-organization and emergence. (shrink)

The recent historical commentary on Curtius’ Hi storiae book X by JOHN E. ATKINSON (2009) points out that the account of the expedition at the mouth of the Indus given by Nearchus and Onesicritus to Alexander coheres with the one presented by Diodorus in book 17 of his Historiae in many respects. So ATKINSON believes that Diodorus and Curtius may have used the same source, probably Clitarchus. However, LUISA PRANDI in her study on the reception of Clitarchus’ work by (...) later authors, has recognized nothing but generic similarities between Curtius’ and Diodorus’s accounts; she believes that both authors used a different source. In this paper, the issue is examined again, and Curtius’ account is compared with all the other sources for the same topic. (shrink)

Although the individual mandate was upheld and the Commerce Clause may have been cabined, the decision to strike down a significant element of the “Medicaid expansion” may prove to be the most significant aspect of the Supreme Court’s decision in NFIB v. Sebelius. Under the Affordable Care Act (ACA), States were required to extend Medicaid coverage to all individuals under the age of 65 with incomes below 133 percent of the poverty line, a new “essential health benefits” package was required (...) for all new Medicaid recipients, and the increased costs due to the expansion would be entirely covered by the Federal government through 2016, with the Federal payment gradually decreasing to a minimum of 90 percent of the total cost from the expanded coverage. The element found to be unconstitutional was §1396c of the ACA, which permitted the withdrawal of all Federal Medicaid funds from those States that did not comply with the ACA’s requirements for Medicaid expansion. The effect on access to health care may be significant: roughly half of those expected to gain coverage under the ACA were going to gain it through the Medicaid expansion; it is unclear how many States will choose to opt into that expansion in the absence of §1396c.1 Additionally, the argument offered by the Court to strike down that provision might be used to attack other federal programs—concerning transportation, social services, environmental protection, and others—that have a similar structure. This paper will demonstrate that the argument rests on a theoretical mistake concerning the relationships between coercion, compulsion, and political accountability and that, further, this mistake is not one legally forced upon the Court. (shrink)

The growing support for voluntary active euthanasia is evident in the recently approved Dutch Law on Termination of Life on Request. Indeed, the debate over legalized VAE has increased in European countries, the United States, and many other nations over the last several years. The proponents of VAE argue that when a patient judges that the burdens of living outweigh the benefits, euthanasia can be justified. If some adults suffer to such an extent that VAE is justified, then one may (...) conclude that some children suffer to this extent as well. In an attempt to alleviate the suffering of extremely ill neonates, the University Medical Center Groningen developed a protocol for neonatal euthanasia. In this article, I first present the ethical justifications for VAE and discuss how these arguments relate to euthanizing ill neonates. I then argue that, even if one accepts the justification for VAE in adults, neonatal euthanasia cannot be supported, primarily because physicians and parents can never accurately assess the suffering of children. I argue that without the testament of the patient herself as to the nature and magnitude of her suffering, physicians can never accurately weigh the benefits and burdens of a child’s life, and therefore any such system would condemn to death some children whose suffering is not unbearable. I conclude that because the primary duty of physicians is to never harm their patients, neonatal euthanasia cannot be supported. (shrink)