We take this book forum as an opportunity to reflect on Science, Reason, Modernity: Readings for an Anthropology of the Contemporary through our experiences, exploring how these texts served as our tools, and to what end. We discuss a research methods seminar in which we traced one possible variation on the “genealogical line” and “pedagogical legacy” (p. 33) to which this reader is extended as an invitation. The spirit of that invitation is, in our understanding, not to a canon that (...) would replace any number of others, but to a set of equipment. (shrink)

Constitutional interpretation in Canada is dominated by the metaphor of the “living tree”. Living tree constitutional interpretation is usually defined in terms of its incompatibility with what is understood in Canada to be the central commitment of originalist interpretation: that the constitution is, in some sense, “frozen” at the moment of adoption. But the tenets of originalism that are used as a definitional contrast are not widely held by originalist constitutional scholars today, and are in fact expressly rejected in the (...) new originalist theories that have been developed principally in the United States over the past 20 years. There has not been a meaningful engagement in Canada with contemporary schools of originalist interpretation. The originalism rejected by the Supreme Court of Canada in 1985 , is not the new originalism, and a rejection of this new family of interpretive theories does not necessarily follow from the fact of the Supreme Court of Canada’s rejection of original intent originalism. Unfortunately, the Canadian courts have continued to affirm living tree constitutional doctrine and denounce originalism without providing much of an account of what they are accepting or rejecting. This paper is a prefatory study to an engagement with new originalist scholarship. I attempt a statement of the current commitments in Canadian living constitutional doctrine and, in passing, note the Supreme Court’s attitudes towards originalism. My purpose is to determine what the central commitments of living tree constitutional doctrine are, as a preliminary step towards a later study to determine the extent to which Canadian doctrine is truly incompatible with orginalist interpretation. I explore what I observe to be the four central commitments to living tree constitutionalism in Canada: the doctrine of progressive interpretation; the use of a purposive methodology in progressive interpretation; the absence of any necessary role for the original intent or meaning of framers in interpreting the constitution; and the presence of other constraints on judicial interpretation. (shrink)

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

Ronald Dworkin’s theory of equality has exerted a strong gravitational force over Canadian equality rights doctrine for more than two decades. And although Dworkin is never cited in the Supreme Court of Canada’s equality rights cases, his shadow is plainly visible in the reception of the right to ‘equal concern and respect’ in Andrews (1989), and the ‘right to moral independence’ in Law v Canada (1999).Although this paper assesses the extent to which Dworkin’s theory of equality has been received in (...) Canadian law, it also engages in debates between Dworkin and his critics that developed as Dworkin defended and modified his theory of rights and equality over the years. The debates between Dworkin and his critics are invaluable for interpreting Canadian constitutional jurisprudence, I will argue, because the Supreme Court does not always adequately justify the conceptions of equality, dignity, etc. that it incorporates into constitutional law. Indeed, it is not always evident that the Court is aware that it is choosing among alternative conceptions, rather than straightforwardly interpreting a determinate constitutional text. The payoff from a parallel study of Dworkin and the equality rights doctrine of the Supreme Court is the identification of resources from the academic debate that can be commended for the development of a more sound and stable constitutional doctrine. (shrink)

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several (...) competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. (shrink)

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several (...) competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. (shrink)

BackgroundSarcomas are a diverse group of neoplasms that vary greatly in clinical presentation and responsiveness to treatment. Given the differences in the sites of involvement, rarity, and treatment modality, a multidisciplinary approach is required. Previous literature suggests patients with sarcoma suffer from poorer quality of life especially physical and functional wellbeing. Adolescent and young adult patients are an underrepresented population in cancer research and have differing factors influencing QoL.MethodsRetrospective analysis of Young Adult patients enrolled in the Sarcoma Tissue Repository at (...) University of Iowa. QoL was assessed using the self-report FACT-G questionnaire at enrollment and 12 months post-diagnosis; overall scores and the 4 wellbeing subscales were calculated. Linear mixed effects models were used to measure the association between the rate of change in FACT-G subscale scores and baseline clinical, comorbidity, and treatment characteristics.Results49 patients were identified. 57.1% of patients had a malignancy involving an extremity. Mean FACT-G scores of overall wellbeing improved from baseline to 12 months. Social and emotional wellbeing did not differ significantly between baseline and 12 months. Physical wellbeing and functional wellbeing scores improved from baseline to 12 months. No difference was seen for FACT-G overall scores for age, sex, laterality, marital status, performance status, having children, clinical stage, limb surgery, chemotherapy, or tumor size. A difference was demonstrated in physical wellbeing scores for patients with baseline limitation compared to those with no baseline limitation. A difference was demonstrated in social wellbeing based on anatomical site.ConclusionYoung adults with sarcoma treated at a tertiary center had improvements in overall reported QoL at 12 months from diagnosis. Overall baseline QoL scores on FACT-G were lower than the general adult population for YA patients with sarcoma but at 12 months became in line with general population norms. The improvements seen merit further investigation to evaluate how these change over the continuum of care. Quality of life changes may be useful outcomes of interest in sarcoma trials. (shrink)

General Series Editors: Gay Wilson Allen and Sculley Bradley Originally published between 1961 and 1984, and now available in paperback for the first time, the critically acclaimed Collected Writings of Walt Whitman captures every facet of one of America's most important poets. In discussing letter-writing, Whitman made his own views clear. Simplicity and naturalness were his guidelines. ”I like my letters to be personal—very personal—and then stop.“ The six volumes in The Correspondence comprise nearly 3,000 letters written over a (...) half century, revealing Whitman the person as no other documents can. This volume, together with Volume V, covers the last seven years of Whitman’s life, giving an almost day-by-day account of his long struggle with various ailments, his stoical acceptance of constant pain, but also his continuing energy. This period saw his supervision and publication of two complete editions of Leaves of Grass, as well as November Boughs and Good-bye My Fancy. Although Whitman himself admitted that many of his later poems were “pot boilers,” designed primarily to make money, his recognition and popularity continued to grow as his health declined. His poems were printed seemingly everywhere and the volume of critical commentary increased. Unlike many of his contemporaries, Whitman did not suffer from neglect of indifference. (shrink)

This paper uses the framework of Popper and Miller's work on axiom systems for conditional probabilities to explore Adams' thesis concerning the probabilities of conditionals. It is shown that even very weak axiom systems have only a very restricted set of models satisfying a natural generalisation of Adams' thesis, thereby casting severe doubt on the possibility of developing a non-Boolean semantics for conditionals consistent with it.

In order to speak in the voice of “the pervert,” psychoanalysis inevitably find itself performing the classic rhetorical act of prosopopoeia whereby an imagined, absent, or dead person is represented as speaking. To re-read Jacques-Alain Miller’s classic essay “On Perversion” (1996), for example, we find that the pervert is adjudged to be “unspeakable”—in every sense of that word—and so they can only be ventriloquized by the figure of the analyst. If the analyst seeks to speak on behalf of the (...) pervert, however, this essay argues that the perverse speech act is itself a form of prosopopoeia which can ventriloquize the subject position of the hysteric, the neurotic, the psychotic, and even the analyst themselves. In conclusion, the essay argues that Miller’s account of the relationship between the analyst and the pervert, where each are seen to ventriloquize the other, bespeaks of a certain prosopopophilia—a love of prosopopoeia—that is the condition of being a speaking subject in the first place: I am always speaking for and as the other—even or especially when I am speaking as “myself.”. (shrink)

This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states' responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states' obligations, a duty to accept (...) displaced islanders can be established. However, the proximity principle is ill-suited to determining which states should shoulder responsibility in this situation. Drawing on Miller's account of remedial responsibility and his ‘connection theory,’ I suggest that the obligation to accept ‘environmental refugees’ should be shouldered principally by affluent states that share significant degrees of causal and moral responsibility for climate change, and also have particularly strong capacities to assist the displaced. (shrink)

This is a book review of Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W. Miller, and Francisco J. Urbina, "Legislated Rights" (Cambridge U. Pr., 2018).

According to the orthodox treatment of risk preferences in decision theory, they are to be explained in terms of the agent's desires about concrete outcomes. The orthodoxy has been criticised both for conflating two types of attitudes and for committing agents to attitudes that do not seem rationally required. To avoid these problems, it has been suggested that an agent's attitudes to risk should be captured by a risk function that is independent of her utility and probability functions. The main (...) problem with that approach is that it suggests that attitudes to risk are wholly distinct from people's (non-instrumental) desires. To overcome this problem, we develop a framework where an agent's utility function is defined over chance propositions (i.e., propositions describing objective probability distributions) as well as ordinary (non-chance) ones, and argue that one should explain different risk attitudes in terms of different forms of the utility function over such propositions. (shrink)

In this book, Bradley Armour-Garb and James A. Woodbridge distinguish various species of fictionalism, locating and defending their own version of philosophical fictionalism. Addressing semantic and philosophical puzzles that arise from ordinary language, they consider such issues as the problem of non-being, plural identity claims, mental-attitude ascriptions, meaning attributions, and truth-talk. They consider 'deflationism about truth', explaining why deflationists should be fictionalists, and show how their philosophical fictionalist account of truth-talk underwrites a dissolution of the Liar Paradox and its (...) kin. They further explore the semantic notions of reference and predicate-satisfaction, showing how philosophical fictionalism can also resolve puzzles that these notions appear to present. Their critical examination of fictionalist approaches in philosophy, together with the development and application of their own brand of philosophical fictionalism, will be of great interest to scholars and upper-level students of philosophy of language, metaphysics, philosophical logic, philosophy of mind, epistemology, and linguistics. (shrink)

In this highly original and thought-provoking work the late Miller Mair puts forward his ideas for a new psychology. First published in 1989, he deals with issues of fundamental importance to the future of a psychology guided by genuine enquiry and concern rather than mere professional self-interest. Crossing and re-crossing boundaries between psychology, psychotherapy and philosophy, and between ‘science’ and ‘art’, he demonstrates the linkages between the personal and the impersonal, subject and object, inside and outside, with a daring (...) not previously risked by anyone working in the area. Dr Mair stresses the importance of a poetic approach in psychology and psychotherapy, and the need to explore and understand the nature of psychology through an imaginative freedom of language. He emphasizes that a poetic awareness and attentiveness is fundamental to any pursuit of understanding of ourselves or others. This is a very personal book, concerned with _personal knowledge_, but it is meant for anyone who seeks to understand themselves and others, and what is involved in coming to such understanding. Focusing on ordinary human experience, and moving towards literary and artistic modes of expression, the author invites you to enter in, follow what _you_ think and feel, as he proposes a radical revision of much that is accepted in psychology and in psychotherapy. (shrink)

The prominence of Bayesian modeling of cognition has increased recently largely because of mathematical advances in specifying and deriving predictions from complex probabilistic models. Much of this research aims to demonstrate that cognitive behavior can be explained from rational principles alone, without recourse to psychological or neurological processes and representations. We note commonalities between this rational approach and other movements in psychology – namely, Behaviorism and evolutionary psychology – that set aside mechanistic explanations or make use of optimality assumptions. Through (...) these comparisons, we identify a number of challenges that limit the rational program's potential contribution to psychological theory. Specifically, rational Bayesian models are significantly unconstrained, both because they are uninformed by a wide range of process-level data and because their assumptions about the environment are generally not grounded in empirical measurement. The psychological implications of most Bayesian models are also unclear. Bayesian inference itself is conceptually trivial, but strong assumptions are often embedded in the hypothesis sets and the approximation algorithms used to derive model predictions, without a clear delineation between psychological commitments and implementational details. Comparing multiple Bayesian models of the same task is rare, as is the realization that many Bayesian models recapitulate existing (mechanistic level) theories. Despite the expressive power of current Bayesian models, we argue they must be developed in conjunction with mechanistic considerations to offer substantive explanations of cognition. We lay out several means for such an integration, which take into account the representations on which Bayesian inference operates, as well as the algorithms and heuristics that carry it out. We argue this unification will better facilitate lasting contributions to psychological theory, avoiding the pitfalls that have plagued previous theoretical movements. (shrink)

Chance Neutrality is the thesis that, conditional on some proposition being true, its chance of being true should be a matter of practical indifference. The aim of this article is to examine whether Chance Neutrality is a requirement of rationality. We prove that given Chance Neutrality, the Principal Principle entails a thesis called Linearity; the centerpiece of von Neumann and Morgenstern’s expected utility theory. With this in mind, we argue that the Principal Principle is a requirement of practical rationality but (...) that Linearity is not and, hence, that Chance Neutrality is not rationally required. (shrink)

Deflationist accounts of truth are widely held in contemporary philosophy: they seek to show that truth is a dispensable concept with no metaphysical depth. However, logical paradoxes present problems for deflationists that their work has struggled to overcome. In this volume of fourteen original essays, a distinguished team of contributors explore the extent to which, if at all, deflationism can accommodate paradox. The volume will be of interest to philosophers of logic, philosophers of language, and anyone working on truth. Contributors (...) include Bradley Armour-Garb, Jody Azzouni, JC Beall, Hartry Field, Christopher Gauker, Michael Glanzberg, Dorothy Grover, Anil Gupta, Volker Halbach, Leon Horsten, Paul Horwich, Graham Priest, Greg Restall, and Alan Weir. (shrink)

In this paper, we show that presentism -- the view that the way things are is the way things presently are -- is not undermined by the objection from being-supervenience. This objection claims, roughly, that presentism has trouble accounting for the truth-value of past-tense claims. Our demonstration amounts to the articulation and defence of a novel version of presentism. This is brute past presentism, according to which the truth-value of past-tense claims is determined by the past understood as a fundamental (...) aspect of reality different from things and how things are. (shrink)

Econophysics is a new and exciting cross-disciplinary research field that applies models and modelling techniques from statistical physics to economic systems. It is not, however, without its critics: prominent figures in more mainstream economic theory have criticized some elements of the methodology of econophysics. One of the main lines of criticism concerns the nature of the modelling assumptions and idealizations involved, and a particular target are ‘kinetic exchange’ approaches used to model the emergence of inequality within the distribution of individual (...) monetary income. This article will consider such models in detail, and assess the warrant of the criticisms drawing upon the philosophical literature on modelling and idealization. Our aim is to provide the first steps towards informed mediation of this important and interesting interdisciplinary debate, and our hope is to offer guidance with regard to both the practice of modelling inequality, and the inequality of modelling practice. _1_ Introduction _1.1_ Econophysics and its discontents _1.2_ Against burglar economics _2_ Modelling Inequality _2.1_ Mainstream economic models for income distribution _2.2_ Econophysics models for income distribution _3_ Idealizations in Kinetic Exchange Models _3.1_ Binary interactions _3.2_ Conservation principles _3.3_ Exchange dynamics _ 4 _ Fat Tails and Savings _ 5 _ Evaluation. (shrink)

Corporate social responsibility has been linked with numerous organizational advantages, including recruitment, retention, productivity, and morale, which relate specifically to employees. However, despite specific benefits of CSR relating to employees and their importance as a stakeholder group, it is noteworthy that a lack of attention has been paid to the individual level of analysis with CSR primarily being studied at the organizational level. Both research and practice of CSR have largely treated the individual organization as a “black box,” failing to (...) account for individual differences amongst employees and the resulting variations in antecedents to CSR engagement or disengagement. This is further exacerbated by the tendency in stakeholder theory to homogenize priorities within a single stakeholder group. In response, utilizing case study data drawn from three multinational tourism and hospitality organizations, combined with extensive interview data collected from CSR leaders, industry professionals, engaged, and disengaged employees, this exploratory research produces a finer-grained understanding of employees as a stakeholder group, identifying a number of opportunities and barriers for individual employee engagement in CSR interventions. This research proposes that employees are situated along a spectrum of engagement from actively engaged to actively disengaged. While there are some common drivers of engagement across the entire spectrum of employees, differences also exist depending on the degree to which employees, rather than senior management, support corporate responsibility within their organizations. Key antecedents to CSR engagement that vary depending on employees’ existing level of broader engagement include organizational culture, CSR intervention design, employee CSR perceptions, and the observed benefits of participation. (shrink)

As ever more advanced digital systems are created, it becomes increasingly likely that some of these systems will be digital minds, i.e. digital subjects of experience. With digital minds comes the risk of digital suffering. The problem of digital suffering is that of mitigating this risk. We argue that the problem of digital suffering is a high stakes moral problem and that formidable epistemic obstacles stand in the way of solving it. We then propose a strategy for solving it: Access (...) Monitor Prevent (AMP). AMP uses a ‘dancing qualia’ argument to link the functional states of certain digital systems to their experiences—this yields epistemic access to digital minds. With that access, we can prevent digital suffering by only creating advanced digital systems that we have such access to, monitoring their functional profiles, and preventing them from entering states with functional markers of suffering. After introducing and motivating AMP, we confront limitations it faces and identify some options for overcoming them. We argue that AMP fits especially well with—and so provides a moral reason to prioritize—one approach to creating such systems: whole brain emulation. We also contend that taking other paths to digital minds would be morally risky. (shrink)

Peter Lewis ([1997]) has recently argued that the wavefunction collapse theory of GRW (Ghirardi, Rimini and Weber [1986]) can only solve the problem of wavefunction tails at the expense of predicting that arithmetic does not apply to ordinary macroscopic objects. More specifically, Lewis argues that the GRW theory must violate the enumeration principle: that 'if marble 1 is in the box and marble 2 is in the box and so on through marble n, then all n marbles are in the (...) box' ([1997], p. 321). Ghirardi and Bassi ([1999]) have replied that it is meaningless to say that the enumeration principle is violated because the wavefunction Lewis uses to exhibit the violation cannot persist, according to the GRW theory, for more than a split second ([1999], p. 709). On the contrary, we argue that Lewis's argument survives Ghirardi and Bassi' s criticism unscathed. We then go on to show that, while the enumeration principle can fail in the GRW theory, the theory itself guarantees that the principle can never be empirically falsified, leaving the applicability of arithmetical reasoning to both micro- and macroscopic objects intact. (shrink)

The crash of two 737 MAX passenger aircraft in late 2018 and early 2019, and subsequent grounding of the entire fleet of 737 MAX jets, turned a global spotlight on Boeing’s practices and culture. Explanations for the crashes include: design flaws within the MAX’s new flight control software system designed to prevent stalls; internal pressure to keep pace with Boeing’s chief competitor, Airbus; Boeing’s lack of transparency about the new software; and the lack of adequate monitoring of Boeing by the (...) FAA, especially during the certification of the MAX and following the first crash. While these and other factors have been the subject of numerous government reports and investigative journalism articles, little to date has been written on the ethical significance of the accidents, in particular the ethical responsibilities of the engineers at Boeing and the FAA involved in designing and certifying the MAX. Lessons learned from this case include the need to strengthen the voice of engineers within large organizations. There is also the need for greater involvement of professional engineering societies in ethics-related activities and for broader focus on moral courage in engineering ethics education. (shrink)

One's inaccuracy for a proposition is defined as the squared difference between the truth value (1 or 0) of the proposition and the credence (or subjective probability, or degree of belief) assigned to the proposition. One should have the epistemic goal of minimizing the expected inaccuracies of one's credences. We show that the method of minimizing expected inaccuracy can be used to solve certain probability problems involving information loss and self-locating beliefs (where a self-locating belief of a temporal part of (...) an individual is a belief about where or when that temporal part is located). We analyze the Sleeping Beauty problem, the duplication version of the Sleeping Beauty problem, and various related problems. (shrink)

Many policy decisions take input from collections of scientific models. Such decisions face significant and often poorly understood uncertainty. We rework the so-called confidence approach to tackle decision-making under severe uncertainty with multiple models, and we illustrate the approach with a case study: insurance pricing using hurricane models. The confidence approach has important consequences for this case and offers a powerful framework for a wide class of problems. We end by discussing different ways in which model ensembles can feed information (...) into the approach, appropriate to different collections of models. (shrink)

A and B continue their conversation concerning the Identity of Indiscernibles. Both are aware of recent critiques of the principle that haven’t received replies; B summarizes those critiques, and A offers the replies that are due. B then raises a new worry.

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

Dual-track assessment directs research ethics committees to assess the risks of research interventions based on the unclear distinction between therapeutic and non-therapeutic interventions. The net risks test, in contrast, relies on the clinically familiar method of assessing the risks and benefits of interventions in comparison to the available alternatives and also focuses attention of the RECs on the central challenge of protecting research participants.Research guidelines around the world recognise that clinical research is ethical only when the risks to participants are (...) reasonable.1 Appropriate implementation of this requirement is vital to protecting research participants and allowing research to proceed when it poses acceptable risks. Unfortunately, as the US National Bioethics Advisory Commission notes: “current regulations do not further elaborate how risks and potential benefits are to be assessed, and little additional guidance is available to IRBs.”1The NBAC, as well as numerous commentators, recommend that research ethics committees , ethics review committees and institutional review boards should adopt what may be called dual-track risk assessment.2–5 Yet, dual-track assessment unnecessarily divides research interventions into two different categories before assessing their risks and relies on the unclear distinction between therapeutic and non-therapeutic interventions. As a result, dual-track assessment provides RECs with confusing guidance and has the potential to block valuable research that poses acceptable risks. This paper describes one alternative, the net risks test, and argues that this approach offers a better method for assessing research risks, one that puts RECs in a position to protect participants without blocking appropriate research studies.BACKGROUNDClinical research exposes participants to interventions and procedures to gather systematic data that may be used to improve overall health and well-being. To ensure that research is ethical, RECs must ensure that the risks and burdens to participants are not excessive and that …. (shrink)

In this collection of provocative essays, historians and literary theorists assess the influence of Michel Foucault, particularly his History of Sexuality, on the study of classics. Foucault's famous work presents a bold theory of sexuality for both ancient and modern times, and yet until now it has remained under-explored and insufficiently analyzed. By bringing together the historical knowledge, philological skills, and theoretical perspectives of a wide range of scholars, this collection enables the reader to explore Foucault's model of Greek culture (...) and see how well his interpretation accounts for the full range of evidence from Greece and Rome. Not only do the essays bring to light the assumptions, ideas, and practices that constituted the intimate lives of men and women in the ancient Mediterranean world, but they also demonstrate the importance of the History of Sexuality for fields as diverse as Greco-Roman antiquity, women's history, cultural studies, philosophy, and modern sexuality. The essays include "Situating The History of Sexuality" (the editors), "Taking the Sex Out of Sexuality: Foucault's Failed History" (Joel Black), "Incipit Philosophia" (Alain Vizier), "The Subject in Antiquity after Foucault" (Page duBois), "This Myth Which Is Not One: Construction of Discourse in Plato's Symposium" (Jeffrey S. Carnes), "Foucault's History of Sexuality: A Useful Theory for Women?" (Amy Richlin), "Catullan Consciousness, the 'Care of the Self,' and the Force of the Negative in History" (Paul Allen Miller), "Reversals of Platonic Love in Petronius' Satyricon" (Daniel B. McGlathery), and an essay from Dislocating Masculinity (Lin Foxhall). (shrink)

Here presented are three singular, philosophical perspectives on the Delhi student protests which took place in 2019 and 2020, before the coronavirus pandemic. The writers hail from India, England...

The question of how to handle incidental findings has sparked a heated debate among neuroimaging researchers and medical ethicists, a debate whose urgency stems largely from the recent explosion in the number of imaging studies being conducted and in the sheer volume of scans being acquired. Perhaps the point of greatest controversy within this debate is whether the magnetic resonance imaging scans of all research participants should be reviewed in an active search for pathology and, moreover, whether this search should (...) be performed by a radiologist. Resistance to routine readings performed by radiologists, as opposed to selective review of those scans on which investigators have spotted a possible IF, has been fueled in part by the obvious and enormous cost — financial and logistical — of engaging radiologists to read massive numbers of scans. This cost would be especially burdensome, even prohibitive, to investigators who are not affiliated with a medical center, because of their limited access to radiologists and other medical expertise. (shrink)

John McMillan's article raises numerous important points about the ethics of surgical castration of sex offenders.1 In this commentary, we focus solely on and argue against the claim that the offer of release from detention conditional upon surgical castration is a coercive offer that compromises the validity of the offender's consent. We take no view on the question as to whether castration for sex offenders is ethically permissible. But, we reject the claim that it is ethically permissible only if competing (...) ethical considerations outweigh worries about coercion. For in the situation described, the proposal is not coercive at all.McMillan states that if offenders agree to castration because they fear long-term detention, then ‘it seems, intuitively, as if agreeing to be castrated under these conditions makes the decision coerced in some way.’1 He adds that if castration is ‘the only way that they will be released back into the community, the status of this decision as a genuine expression of their autonomy is questionable.’1 In defence of his claim, he uses two analogies that he borrows from Joel Feinberg. First, if a governor offers to commute a death sentence if the prisoner agrees to participate in a medical experiment, then ‘it's clear that the governor is coercing the prisoner.’1 Second, if a millionaire offers to give a woman $1 000 000 …. (shrink)

Male provisioning ability may have evolved as a “good dad” indicator through sexual selection, whereas male creativity may have evolved partly as a “good genes” indicator. If so, women near peak fertility (midcycle) should prefer creativity over wealth, especially in short-term mating. Forty-one normally cycling women read vignettes describing creative but poor men vs. uncreative but rich men. Women’s estimated fertility predicted their short-term (but not long-term) preference for creativity over wealth, in both their desirability ratings of individual men (r=.40, (...) p<.01) and their forced-choice decisions between men (r=.46, p<.01). These preliminary results are consistent with the view that creativity evolved at least partly as a good genes indicator through mate choice. (shrink)