This paper uses diversity management as a placeholder for human rights policy. By diversity management, I mean those policy techniques that a society can use to deal with diversity, which include not only decisions to make diversity a subject of active legal and governmental intervention, but also decisions to leave diversity to informal, unregulated choices by individuals or civil society institutions. My discussion proceeds with particular reference to the United States, in part because it has been relatively successful in managing (...) its diversity in recent decades—relative, that is, both to its own past and to the record of other countries today. An approach to diversity management “works,” in my view, if and to the extent that the country’s vulnerable minorities enjoy some social mobility, are integrated into the major institutions of society, have access to political influence roughly proportional to their limited numbers, are free to live according to their own group values and practices, and do not feel deep alienation from the dominant cultural norms. By this definition, the American system works relatively well—with the qualifications and exceptions noted just above. The paper proceeds in three parts. Part I seeks to sharpen our understanding of diversity by analyzing several different ways of understanding and defining that idea, with a view to underscoring the significance of choosing one or another measure of it. Part II discusses two examples— multiracial individuals and anti-profiling laws—to illustrate the inevitable politicization of certain demographic categories when used for politicallysensitive purposes. Part III presents some distinctive and, in some cases, unique features of the American approach to diversity management. Most of these features, I argue, effectively advance the cause of minority mobility and integration, whereas some tend to undermine these goals. (shrink)

This Article traces the trajectory of negotiated rulemaking within American administrative law. The popularity of negotiated rulemaking - among scholars, politicians, and regulators - has waxed and waned since its start in the 1980s. This Article describes and assesses these shifts, charting the birth of negotiated rulemaking, its incorporation into the APA, and its infrequent use in recent years. In mapping the rise and fall of negotiated rulemaking, we focus on two particular critiques - that it violates normative commitments to (...) expertise and rationality in bureaucratic decision making, and that it fails to deliver on its promises of faster rulemaking and less litigation. This Article contends that the first critique is overblown and that the second is true in some instances but not in others. We argue that negotiated rulemaking is most valuable when the appropriate negotiating parties can be easily identified, when they are likely to make concessions and build rapport with each other, and when traditional methods of rulemaking have become ossified. (shrink)

Studies of patient decision‐making use many different measures to evaluate the quality of decisions and the decision‐making process, partly to determine whether the ethical goals of informed consent, patient autonomy, and shared decision‐making have been achieved. We describe these measures, grouped under three main approaches, and review their limitations, leading to three conclusions. First, no measure or combination of measures can provide a complete assessment of decision quality. Second, the quality of a decision is best characterized vaguely, for instance as (...) “good,” “satisfactory,” or “poor,” and these categorizations depend on qualitative judgments that go beyond quantitative measures. Third, bioethicists should focus on identifying and addressing poor or problematic decisions, rather than trying to incrementally increase decision quality, quantified by a measure. Decision‐quality measures can be useful in research and in advancing important goals of bioethics, as long as the challenges of defining and measuring decision quality are recognized. (shrink)

Blumenthal-Barby (2024) presents strong arguments that bioethicists should stop using the concept “personhood.” She points out that “person,” meaning an entity with full moral rights, is defined in...

We derive the first analytical formula for the density of "Dark Matter" (DM) at all length scales, thus also for the rotation curves of stars in galaxies, for the baryonic Tully–Fisher relation and for planetary systems, from Einstein's equations (EE) and classical approximations, in agreement with observations. DM is defined in Part I as the energy of the coherent gravitational field of the universe, represented by the additional equivalent ordinary matter (OM), needed at all length scales, to explain classically, with (...) inclusion of the OM, the _observed coherent_ gravitational field. Our derivation uses both EE and the Newtonian approximation of EE in Part I, to describe semi-classically in Part II the advection of DM, created at the level of the universe, into galaxies and clusters thereof. This advection happens proportional with their own classically generated gravitational field g, due to self-interaction of the gravitational field. It is based on the universal formula ρ D = λgg′ 2 for the density ρ D of DM advected into medium and lower scale structures of the observable universe, where λ is a universal constant fixed by the Tully–Fisher relations. Here g′ is the gravitational field of the universe; g′ is in main part its own source, as implied in Part I from EE. We start from a simple electromagnetic analogy that helps to make the paper generally accessible. This paper allows for the first time the exact calculation of DM in galactic halos and at all levels in the universe, based on EE and Newtonian approximations, in agreement with observations. (shrink)

The underlying psychological processes that enable framing effects are often described as cognitive. Yet, recent studies suggest that framing effects may also be mediated by emotional response. The role of specific emotions in mediating the framing effect process, however, has yet to be fully empirically investigated. In an experimental survey design, this study tests two positive and two negative emotions as mediators of framing effects. Our results show that while anger and enthusiasm mediate a framing effect, contentment and fear do (...) not. These findings deepen our understanding of which discrete emotions are relevant when studying mediated framing effects. (shrink)

This is the first of three volumes which will contain all of Locke's extant philosophical writings relating to An Essay Concerning Human Understanding, not included in other Clarendon editions like the Correspondence. It contains the earliest known drafts of the Essay, Drafts A and B, both written in 1671, and provides for the first time an accurate version of Locke's text. Virtually all his changes are recorded in footnotes on each page. Peter Nidditch, whose highly acclaimed edition of An (...) Essay Concerning Human Understanding was published in this series in 1975, used pioneering editorial techniques in his compilation of Volume 1. Most of the work was completed before his tragically early death in 1983. Volumes 2 and 3, almost wholly the work of G. A. J. Rogers will contain the third extant draft of the Essay, the Epitome and the Conduct of the Understanding. They will also include a History of the Writing of the Essay, together with other shorter writings by Locke. (shrink)

In a series of recent papers, I have made three arguments about how to define “disease” and evaluate and apply possible definitions. First, I have argued that definitions should not be seen as traditional conceptual analyses, but instead as proposals about how to define and use the term “disease” in the future. Second, I have pointed out and attempted to address a challenge for dysfunction-requiring accounts of disease that I call the “line-drawing” problem: distinguishing between low-normal functioning and dysfunctioning. Finally, (...) I have used a dysfunction-requiring approach to argue that some extremely prevalent conditions, such as high blood pressure, high cholesterol, and ductal carcinoma in situ, are not diseases, but instead are risk factors. Four of the papers in this issue directly engage my previous work. In this commentary, I applaud the advances these authors make, address points of disagreement, and make suggestions about where the discussion should go next. (shrink)

The recently revised Common Rule requires that donors of biospecimens for research be informed if their specimens might be used for commercial profit. The Common Rule, however, does not apply to sharing or selling de-identified biospecimens that are “leftover” from clinical uses. As a result, many medical researchers remain uncertain of their legal and ethical obligations when a commercial entity expresses interest in these specimens.

Similarly to other accounts of disease, Christopher Boorse’s Biostatistical Theory (BST) is generally presented and considered as conceptual analysis, that is, as making claims about the meaning of currently used concepts. But conceptual analysis has been convincingly critiqued as relying on problematic assumptions about the existence, meaning, and use of concepts. Because of these problems, accounts of disease and health should be evaluated not as claims about current meaning, I argue, but instead as proposals about how to define and use (...) these terms in the future, a methodology suggested by Quine and Carnap. I begin this article by describing problems with conceptual analysis and advantages of “philosophical explication,” my favored approach. I then describe two attacks on the BST that also question the entire project of defining “disease.” Finally, I defend the BST as a philosophical explication by showing how it could define useful terms for medical science and ethics. (shrink)

A scholarly edition of Essay Concerning Human Understanding by P. H. Nidditch. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus.

Consider the following patient: a 40-year-old man who has had back pain that radiates down his left leg, on and off for 2 months. He performs his normal activities and does not have any “red flag”...

Part I of this article advanced a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories falter, including failed humor, (...) motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are the Enlightenment Theory's application to literary and musical humor and the relationship of wit to humor. -/- . (shrink)

Patients should not always receive hard data about the risks and benefits of a medical intervention. That information should always be available to patients who expressly ask for it, but it should be part of standard disclosure only sometimes, and only for some patients. And even then, we need to think about how to offer it.

Some experts have argued that patients should routinely be told the specific magnitude and absolute probability of potential risks and benefits of screening tests. This position is motivated by the idea that framing risk information in ways that are less precise violates the ethical principle of respect for autonomy and its application in informed consent or shared decisionmaking. In this Perspective, we consider a number of problems with this view that have not been adequately addressed. The most important challenges stem (...) from the danger that patients will misunderstand the information or have irrational responses to it. Any initiative in this area should take such factors into account and should consider carefully how to apply the ethical principles of respect for autonomy and beneficence. (shrink)

Accounts of the concepts of function and dysfunction have not adequately explained what factors determine the line between low‐normal function and dysfunction. I call the challenge of doing so the line‐drawing problem. Previous approaches emphasize facts involving the action of natural selection (Wakefield 1992a, 1999a, 1999b) or the statistical distribution of levels of functioning in the current population (Boorse 1977, 1997). I point out limitations of these two approaches and present a solution to the line‐drawing problem that builds on the (...) second one. (shrink)

This paperback edition reproduces the complete text of the Essay as prepared by professor Nidditch for The Clarendon Edition of the Works of John Locke. The Register of Formal Variants and the Glossary are omitted and Professor Nidditch has written a new foreword.

I argue that ductal carcinoma in situ (DCIS), the tumor most commonly diagnosed by breast mammography, cannot be confidently classified as cancer, that is, as pathological. This is because there may not be dysfunction present in DCIS—as I argue based on its high prevalence and the small amount of risk it conveys—and thus DCIS may not count as a disease by dysfunction-requiring approaches, such as Boorse’s biostatistical theory and Wakefield’s harmful dysfunction account. Patients should decide about treatment for DCIS based (...) on the risks it poses and the risks and benefits of treatment, not on its disease status. (shrink)

This paperback edition reproduces the complete text of the Essay as prepared by professor Nidditch for The Clarendon Edition of the Works of John Locke. The Register of Formal Variants and the Glossary are omitted and Professor Nidditch has written a new foreword.

This study examined preschool children’s reasoning about and behavioral interactions with one of the most advanced robotic pets currently on the retail market, Sony’s robotic dog AIBO. Eighty children, equally divided between two age groups, 34–50 months and 58–74 months, participated in individual sessions with two artifacts: AIBO and a stuffed dog. Evaluation and justification results showed similarities in children’s reasoning across artifacts. In contrast, children engaged more often in apprehensive behavior and attempts at reciprocity with AIBO, and more often (...) mistreated the stuffed dog and endowed it with animation. Discussion focuses on how robotic pets, as representative of an emerging technological genre, may be blurring foundational ontological categories, and impacting children’s social and moral development. (shrink)

This is the first of three volumes which will contain all of John Locke's writings which relate to An Essay concerning Human Understanding. This volume contains an accurate version of the two earliest known drafts of the Essay. Virtually all of Locke's changes are recorded in footnotes. Volume I was largely completed by Peter Nidditch before his death in 1983. His pioneering editorial techniques won him acclaim for his edition of An Essay concerning Human Understanding in this series in (...) 1975. (shrink)

In this paper, we move toward offering psychological benchmarks to measure success in building increasingly humanlike robots. By psychological benchmarks we mean categories of interaction that capture conceptually fundamental aspects of human life, specified abstractly enough to resist their identity as a mere psychological instrument, but capable of being translated into testable empirical propositions. Nine possible benchmarks are considered: autonomy, imitation, intrinsic moral value, moral accountability, privacy, reciprocity, conventionality, creativity, and authenticity of relation. Finally, we discuss how getting the right (...) group of benchmarks in human–robot interaction will, in future years, help inform on the foundational question of what constitutes essential features of being human. (shrink)

While several tests and strategies are recommended for colorectal cancer (CRC) screening, studies suggest that primary care providers often recommend colonoscopy without providing information about its risks or alternatives. These observations raise concerns about the quality of informed consent for screening colonoscopy.

Providing an overview of the intellectual roots of the worldwide environmental movement - from ancient religions and philosophies to modern science and ethics - this book synthesises them into a new philosophy of nature in which to ground ...

Our inability to feel what others feel makes it difficult to understand how they think. Because moral intuitions organize political attitudes, moral empathy gaps can exacerbate political conflict (and other kinds of conflict as well) by contributing to the perception that people who do not share our moral opinions are unintelligent and/or have malevolent intentions.