This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

Over the past thirty years, the doctrine of informed consent has become a focal point in discussions of medical ethics. The literature of informed consent explores the evolution of the principle of autonomy, purportedly emerging from the mists of 19th Century medical practice, and finding its earliest articulation in legal cases where wronged citizens asserted their rights against medical authority. A commonplace, if not obligatory, feature of that literature is a reference to the case of Mary Schloendorff and the opinion (...) written by Judge Benjamin Cardozo by which the case is remembered. Commentators today applaud the prescience of Cardozo for an early articulation of what eventually would become bioethical orthodoxy concerning informed consent and its place as a bulwark of patient autonomy. They inevitably quote Cardozo's famous statement, “Every human being of adult years and sound mind has a right to determine what shall be done with his own body.”. (shrink)

Over the past thirty years, the doctrine of informed consent has become a focal point in discussions of medical ethics. The literature of informed consent explores the evolution of the principle of autonomy, purportedly emerging from the mists of 19th Century medical practice, and finding its earliest articulation in legal cases where wronged citizens asserted their rights against medical authority. A commonplace, if not obligatory, feature of that literature is a reference to the case of Mary Schloendorff and the opinion (...) written by Judge Benjamin Cardozo by which the case is remembered. Commentators today applaud the prescience of Cardozo for an early articulation of what eventually would become bioethical orthodoxy concerning informed consent and its place as a bulwark of patient autonomy. They inevitably quote Cardozo's famous statement, “Every human being of adult years and sound mind has a right to determine what shall be done with his own body.”. (shrink)

For nearly a century, and until very recently, the majority of U.S. states required a blood test for marriage license applicants. The tests identified people with conditions formerly designated as "venereal diseases," most importantly gonorrhea and syphilis. Those who tested positive were barred from civil marriage. Although the premarital testing requirement is no longer a feature of state law, numerous related enactments are common features of law in most states.The historical literature describing the rise and fall of laws prescribing marriage (...) restrictions related to VD has treated those enactments as public health measures, meant primarily to forestall the spread of disease to intimate partners. But laws to... (shrink)

The Supreme Court decided Box v. Planned Parenthood of Indiana and Kentucky in 2019. Justice Clarence Thomas’s opinion in the case claimed there was a direct connection between the legalization of abortion, in the late 20th Century, and the beginnings of the birth control movement a full three quarters of a century earlier. “Many eugenicists,” Thomas argued, “supported legalizing abortion.”Justice Samuel Alito highlighted similar claims in Dobbs v. Jackson Women’s Health, citing a brief entitled “The Eugenic Era Lives on through (...) the Abortion Movement.” That brief was an echo of Justice Thomas’ misguided attempt at history in the Box opinion. Similar claims reoccur in Judge Matthew Kacsmaryk’s opinion in the Texas mifepristone case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration.These false claims are the focus of this article. There is no evidence that early leaders of the eugenics movement supported abortion as part of the movement for birth control. It is accurate to describe those leaders as anti-abortion, and their followers as people who condemned abortion for moral, legal, and medical reasons. (shrink)

Kara Swanson details the professional evolution of Alan Guttmacher, and the quandary he faced when the law interfered with prerogatives he wished to exercise in his practice of reproductive medicine. This response focuses on how decoupling reproductive technologies from a regime requiring medical licensure could lead to more complete reproductive autonomy for women.

During the 20th Century, thirty-two state legislatures passed laws that sanctioned coercive sexual sterilization as a solution to the purported detrimental increases in the population of “unfit” or “defective” citizens. While both scholarly and popular commentary has attempted to attribute these laws to political parties, or to broad or poorly defined ideological groups such as “progressives,” no one has identified the political allegiance of each legislator who introduced a successfully adopted sterilization law, and the governor who signed it. This article (...) remedies that omission. (shrink)

Dr. Caleb Williams Saleeby was the author of Parenthood and Race Culture, one of the first monographs on eugenics and the book that popularized the term “racial poison.” The goal of eradicating the racial poisons and the harm they caused — particularly infant morbidity and mortality — provided common ground for early 20th century reformers, and their concerns fed the growing support for legal prohibition of alcohol.

The STD experiments in Guatemala from 1946–1948 have earned a place of infamy in the history of medical ethics. But if the Guatemala STD experiments were so “ethically impossible,” how did the U.S. government approve their funding? Although much of the literature has targeted the failings of Dr. John Cutler, we focus on the institutional context and research ethos that shaped the outcome of the research. After the end of WWII, Dr. Cassius Van Slyke reconstructed the federal research contracts process (...) into a grant program. The inaugural NIH study section recommended approval of the Guatemala STD experiments at its first meeting. The funding and oversight process of the Guatemala research was marked with serious conflicts of interest and a lack of oversight, and it was this structure, as opposed to merely a maleficent individual, that allowed the Guatemala STD experiments to proceed. We conclude that while current research regulations are designed to prevent the abuses perpetrated on the subjects of the Guatemala STD experiments, it takes a comprehensive understanding of research ethics through professional education to achieve the longstanding ideal of the responsible investigator, and ensure ethical research under any regulatory scheme. (shrink)

Since their revelation to the public, the sexually transmitted disease experiments in Guatemala from 1946 to 1948 have earned a place of infamy in the history of medical ethics. During these experiments, Public Health Service researchers intentionally exposed over 1,300 non-consenting Guatemalan soldiers, prisoners, psychiatric patients, and commercial sex workers to gonorrhea, syphilis, and/or chancroid under conditions that have shocked the medical community and public alike. Expert analysis has found little scientific value to the experiments as measured by current or (...) contemporaneous research standards.Such an obvious case of research malfeasance, which violated research norms in place both in the past and now, has been uniformly repudiated. The Guatemala STD experiments were labeled “clearly unethical” by President Barack Obama and “reprehensible” by the Secretaries of State and Health and Human Services. (shrink)

In this personal narrative the author recounts his experiences teaching bioethics in Pakistan. He notes the different moral, cultural and legal environments of Pakistan as compared to the United States, and in particular, the ways in which subtle interpretations of Sharia law shape bioethical reflections as well as the biomedical legal environment. As he argues, any attempt to export models of bioethics from one country to another with no attention to social and cultural differences is a recipe for failure. To (...) presume that all ethical considerations are universal is to devalue moral traditions that differ from our own, and dismiss cultural values of other societies. (shrink)

This article reviews recent developments in health care law, focusing on the engagement of law as a partner in health care innovation. The article addresses: the history and contents of recent United States federal law restricting the use of genetic information by insurers and employers; the recent federal policy recommending routine HIV testing; the recent revision of federal policy regarding the funding of human embryonic stem cell research; the history, current status, and need for future attention to advance directives; the (...) recent emergence of medical–legal partnerships and their benefits for patients; the obesity epidemic and its implications for the child’s right to health under international conventions. (shrink)

This article reviews recent developments in health care law, focusing on controversy at the intersection of health care law and culture. The article addresses: emerging issues in federal regulatory oversight of the rapidly developing market in direct-to-consumer genetic testing, including questions about the role of government oversight and professional mediation of consumer choice; continuing controversies surrounding stem cell research and therapies and the implications of these controversies for healthcare institutions; a controversy in India arising at the intersection of abortion law (...) and the rights of the disabled but implicating a broader set of cross-cultural issues; and the education of U.S. health care providers and lawyers in the theory and practice of cultural competency. (shrink)

Experiments in Love and Death is about the depth and complexity of the ethical issues that arise in illness and medicine. In his concept of 'microethics' Paul Komesaroff provides an alternative to the abstract debates about principles and consequences that have long dominated ethical thought. He shows how ethical decisions are everywhere: in small decisions, in facial expressions, in almost inconspicuous acts of recognition and trust. Through powerful descriptions of case studies and clear and concise explanations of contemporary philosophical (...) theory the book brings discussions about ethics in medicine back to where they belong-to the level of the everyday experience where people actually live, suffer and hope. A fresh and evocative look at the changing world of ethics as it applies to health and illness, this is an important book for all those touched by illness or suffering. About the author Paul Komesaroff is a physician and philosopher at Monash University in Melbourne, Australia. His books include Objectivity, Science and Society, Troubled Bodies, Sexuality and Medicine (ed. with Philipa Rothfield and John Wiltshire) and Pathways to Reconciliation (ed. with Philipa Rothfield and Cleo Fleming). (shrink)

In this chapter a new problem about rule-following is outlined, one that is distinct both from Kripke’s and Wright’s versions of the problem. This new problem cannot be correctly responsed to, as Kripke’s can, by invoking Wright’s Intentional Account of rule-following. The upshot might be called, following Kant, an antinomy of pure reason: we both must — and cannot — make sense of someone’s following a rule. The chapter explores various ways out of this antinomy without here endorsing any of (...) them. (shrink)

Intense public interest in scientific claims about COVID-19, concerning its origins, modes of spread, evolution, and preventive and therapeutic strategies, has focused attention on the values to which scientists are assumed to be committed and the relationship between science and other public discourses. A much discussed claim, which has stimulated several inquiries and generated far-reaching political and economic consequences, has been that SARS-CoV-2 was deliberately engineered at the Wuhan Institute of Virology and then, either inadvertently or otherwise, released to the (...) public by a laboratory worker. This has been pursued despite a clear refutation, through comprehensive genomic analysis, of the hypothesis that the virus was deliberately engineered and the failure of detailed investigations to identify any evidence in support of a laboratory leak. At the same time a substantial, established body of knowledge about the many factors underlying the emergence of novel zoonotic diseases has been largely ignored—including climate change and other mechanisms of environmental destruction, tourism, patterns of trade, and cultural influences. The existence and conduct of these debates have raised questions about the vulnerability of science to manipulation for political purposes. Scientific discourses are vulnerable because: (i) claims can be made with no more than probabilistic force; (ii) alleged “facts” are always subject to interpretation, which depends on social, ethical, and epistemological assumptions; and (iii) science and scientists are not inherently committed to any single set of values and historically have served diverse, and sometimes perverse, social and political interests. In the face of this complexity, the COVID-19 experience highlights the need for processes of ethical scrutiny of the scientific enterprise and its strategic deployment. To ensure reliability of truth claims and protection from corrupting influences robust ethical discourses are required that are independent of, and at times even contrary to, those of science itself. (shrink)

In the latest edition of their popular overview text, Erickson and Murphy continue to provide a comprehensive, affordable, and accessible introduction to anthropological theory from antiquity to the present.

Critics of South Park—and they are legion—bitterly complain about its relentless obscenity and potty humor. But if one wanted to mount a high‐minded defense of the show's low‐minded jokes, one might go all the way back to Plato to find a link between philosophy and vulgarity. Cartman fights the countercultural forces who invade South Park and mindlessly blames all the troubles of America on “the corporations.” In “Gnomes” a national coffee chain called Harbucks—an obvious reference to Starbucks—comes to South Park (...) and tries to buy out the local Tweek Bros. coffee shop. Having had the audacity to defend Starbucks, in its eighth season South Park went on to rally to the cause of Wal‐Mart—under an even more thinly disguised name in an episode called “Something Wall Mart This Way Comes.” Once again, South Park proclaims the sovereignty of the consumer in a market economy. (shrink)

The Coates–Coogler expansion of the Wakandan afterlife in name, membership, and deed toward West African and transatlantic African diasporic ideas, concerns, and sentiments puts Erik Killmonger's last words in Black Panther into a different light. There are different metaphysical problems confronting Killmonger's postmortem existence in the Wakandan afterlife. Killmonger would have sought out theoretical alternatives less destabilizing to the prospect of continuing his existence postmortem. Wiredu's theory, quasi‐physicalism, would have alleviated some of Killmonger's substance abuse problems. Killmonger in Coates's comics (...) would recognize ori‐inu in part from when he defeated Bast, an orisha, at Orisha Gate, home of Wakanda's pantheon. Cast in Yoruba philosophical terms, the subjectivity that Killmonger wants to persist after death takes on new unconventional meaning. Killmonger chose "death over bondage." He apparently wants to join the ancestors. The very least a man called "Killmonger" would demand from such philosophy is that it help him fight for his destiny. (shrink)

Chapter Seven discusses Edgar Ulmer's The Black Cat as the creation of a high modernist European émigré working in a lowbrow American genre, the horror movie. Ulmer portrays a self-destructive generation of Europeans permanently scarred by the horrors of World War I. Into their world, he introduces a young American couple on their honeymoon, who, in their naïveté, are almost destroyed by the mad Europeans, but escape their satanic clutches in the end. Hoping to succeed in his newly adopted homeland, (...) Ulmer seems to turn his back on his European heritage as a dead end, and yet he cannot help suggesting the cultural superiority of his sophisticated European characters. The Black Cat takes its place in a long line of European works critical of American culture, while at the same time raising serious doubts about Europe's future in the 1930s. (shrink)

This comprehensive anthology offers over 40 readings that are critical to the understanding of anthropological theory and the development of anthropology as an academic discipline. The fourth edition maintains a strong focus on the "four-field" roots of the discipline in North America but has been reorganized with a new section on twenty-first-century theory, including coverage of postcolonial and public anthropology. New key terms and introductions accompany each reading and a revamped glossary makes the book more student-friendly. Used on its own, (...) or together with the overview text A History of Anthropological Theory, Fourth Edition, this anthology offers a flexible and unrivaled introduction to anthropological theory that reflects not only the history but also the changing nature of the discipline today. For additional resources, visit the "Teaching Theory" page at www.utpteachingculture.com. (shrink)

This is an exploratory study of perceptions of human dignity in childhood as recalled by young adults. Our goal is to discover the range of dimensions, sources and experiences, both those that supported and violated, of the concept of human dignity. This research, drawing on responses from over two hundred university students, may help to develop a language with which to explore the concept of human dignity in a broader, more systematic way. The approach taken here permits us to move (...) beyond the ‘legal’ frame that often confines us to discussions of the extremes of child abuse and neglect, to a frame that frees us to explore the meaning and real life experiences with human dignity in childhood and the impacts on later life. Violating and not supporting human dignity in childhood helps produce a world populated by adults who, having been harmed as children, go on to harm and violate others as adults. If our goal is to have a world populated by children who were nurtured to flourish into child-centered adults who are empathic, intelligent and responsive and who have no need to hurt others, then our understanding of human dignity in childhood must be increased. This paper and the materials on which it is based seek to provide preliminary insights into the language of human dignity. (shrink)

Paradox and origin : on the structure of legal communication -- History, law and hermeneutic self-reference -- Self-mastery and the conversion of force : an ethics of freedom -- The social metaphysics of law : Vico's communicative body and the paradoxical grounding of freedom and authority -- The creative formation and foundation of society's law : on the nature of poetic wisdom -- Between freedom and authority : Vico's history of roman law -- The technique of command : on the (...) problem of freedom in Weber's sociology of law. (shrink)

Should a principle of charity be applied to the interpretation of the colour concepts exercised in visual experience? We think not. We shall argue, for one thing, that the grounds for applying a principle of charity are lacking in the case of colour concepts. More importantly, we shall argue that attempts at giving the experience of colour a charitable interpretation either fail to respect obvious features of that experience or fail to interpret it charitably, after all. Charity to visual experience (...) is therefore no motive for resisting the natural, Galilean response to a scientific understanding of light and vision. The best interpretation of colour experience ends up convicting it of widespread and systematic error. (shrink)

This paper argues that, given a certain apparently inevitable thesis about content, we could not know our own minds. The thesis is that the content of a thought is determined by its relational properties.

Samuelson's text was first published in 1948, and it immediately became the authority for the principles of economics courses. The book continues to be the standard-bearer for principles courses, and this revision continues to be a clear, accurate, and interesting introduction to modern economics principles. Bill Nordhaus is now the primary author of this text, and he has revised the book to be as current and relevant as ever.

The paper asks under what conditions deductive reasoning transmits justification from its premises to its conclusion. It argues that both standard externalist and standard internalist accounts of this phenomenon fail. The nature of this failure is taken to indicate the way forward: basic forms of deductive reasoning must justify by being instances of 'blind but blameless' reasoning. Finally, the paper explores the suggestion that an inferentialist account of the logical constants can help explain how such reasoning is possible.

It is very common these days to come across the claim that the notions of mental content and linguistic meaning are normative notions. In the work of many philosophers, it plays a pivotal role. Saul Kripke made it the centerpiece of his influential discussion of Wittgenstein’s treatment of rulefollowing and private language; he used it to argue that the notions of meaning and content cannot be understood in naturalistic terms. Kripke’s formulations tend to be in terms of the notion of (...) linguistic meaning, but his argumentative strategy makes it clear that he holds both versions of the claim.... (shrink)

This chapter contains sections titled: Sex Talk Just Friends and Sex Too? Casual Sex History and Prevalence So, Why have Sex with a Friend? Communication in Friends with Benefits Relationships The Bottom Line.