The devastating impact of the national opioid epidemic has given rise to hundreds of lawsuits. This article details the extremely broad range of legal claims, compares the opioid cases to other public health litigation efforts, including tobacco, and describes the special mechanism — a multidistrict litigation — through which more than 700 opioid-related cases have been consolidated thus far, with settlement almost certain to follow.

By endowing technology with the attributes of autonomous agency, human beings are ethically sidelined. Individuals are relieved of responsibility. The suggestion of being in the grip of irresistible forces provides an excuse for rejecting responsibility for oneself and others, thus creating conditions for inappropriate or antisocial behavior. It also impedes the search for solutions to pressing social problems associated with applications of technology. Failure to assign and accept responsibility for decisions to deploy “conventional” technology will inevitably impede our ability to (...) deal with the social and ethical challenges of robotics. (shrink)

The next steps in health reform, like all such efforts before it, will have to engage the issue of American health care federalism – the relationship between the federal and state governments in the realm of health law and policy. Since its enactment in 2010, the Patient Protection and Affordable Care Act has offered a robust example of modern federalism and revealed new complexities. This article recounts the findings of our five-year study of the federalist and nationalist features of ACA (...) implementation. Contrary to the claims of ACA opponents that the law marked a federal “takeover,” the ACA's governance structures have advanced rather than suppressed state power. But we also found that the advances in state power occurred seemingly independently of the statute's structural arrangements; that is, the ACA's nationalist and federalist features both enhanced state power over health policy. These findings raise questions about whether cherished American federalism values are unique to federalist structures; they also raise the question of what exactly health care federalism is for, and why we continue to design health policy with federalism front and center. It is not clear that enhanced state power has brought better health policy. If it has not, is federalism for its own sake worth the trade-off? (shrink)

This paper is concerned with the relationship between paradigms of explication and the practice of conceptual engineering. It defends three interrelated claims: First, the predominant functionalist attitude in the present debate on conceptual engineering is due to its roots in Carnapian explication, which identifies the explicandum with a precursor concept. Second, alternative metaphysical paradigms of explication locate the explicandum in a part of a concept-independent reality (‘field explication‘, as I will call it). Third, field explication may be a better paradigm (...) than Carnapian functionalism for certain instances of socio-political conceptual engineering. In these instances, we adjust our concepts to more adequately capture differences in our concept-independent (felt) reality. To demonstrate this, I will contrast the metaphysical to the functionalist paradigm concerning the example of Heimat. [in German]. (shrink)

Social scientists who conduct qualitative research frequently use emotional engagement to gather information about participants’ thoughts, feelings, and behaviours in relation to a particularly research question. When the subject under investigation is related to trauma, listening to, or being exposed to personal accounts of participants’ traumatic experiences can carry a significant emotional cost for researchers. This may place them at risk of secondary trauma. In this article, I examine these issues from the context of my doctoral field research in South (...) Africa, which focused on intergenerational trauma amongst descendants of victims of apartheid-era gross human rights violations. I reflect on my positionality as both an insider and outsider and feelings of guilt that emanated from my sense of being privileged and an imposter. I also reflect on the emotional turmoil brought about by my engagement with the trauma of participants and their families. I conclude by sharing the lessons I have learnt, and that have enabled me to sustain my scholarly engagement with intergenerational trauma. Ultimately, this article gives insight into, and raises awareness about, the emotional consequences of conducting trauma research. It offers practical suggestions to help researchers navigate the emotional minefield involved in conducting trauma research. (shrink)

The Ibadis, a religious minority that survived in North Africa and Oman, claim to be the democrats of Islam. The present study highlights their key role in promoting a political alternative to the Caliphate through a collegial model of government. I.

Litigation cannot solve a public health crisis. But litigation can be an effective complementary tool to regulation by increasing the salience of a public health issue, eliciting closely guarded information to move public opinion, and prompting legislative action. From tobacco to opioids, litigants have successfully turned to courts for monetary relief, to initiate systemic change, and to hold industry accountable For years, litigators have been trying to push firearm suits into their own litigation moment. But litigation against the gun industry (...) poses special challenges. Not only has the regulatory regime failed to prevent a public safety hazard, Congress has consistently underfunded and understaffed the relevant regulatory actors. And in 2005 it legislatively immunized the gun industry from suit with the Protection of Lawful Commerce in Arms Act. This paper surveys the field of litigation in response to gun violence, tracking the limited successes of victims and stakeholders suing the gun industry. We find that victories remain confined to individual actors and unlike high-impact public litigations in other areas, aggregate class actions and major public litigation led by state attorneys general are noticeably absent in the firearm context. (shrink)

Using panel data of 4,244 company years, we examine whether and how corporate social performance (CSP) affects a firm’s capacity to achieve profitable sales in foreign markets. Based on our extension of instrumental stakeholder theory into the international arena, we hypothesized a U-shaped relationship between CSP and multinationality. Results supported our contention that multinational enterprises (MNEs) need to be substantially committed to social performance objectives if they are to recoup the cost of their CSP investments, and improve their capacity to (...) compete in foreign markets. MNEs engaged in intermediate levels of CSP achieve lower levels of multinationality than firms operating at either anchor of the social performance continuum. In addition, this study demonstrates that CSP moderates a well-established relationship in international business literature – the relationship between R&D investment and a firm’s multinationality. Implications for research and practice are discussed. (shrink)

Using panel data of 4,244 company years, we examine whether and how corporate social performance affects a firm's capacity to achieve profitable sales in foreign markets. Based on our extension of instrumental stakeholder theory into the international arena, we hypothesized a U-shaped relationship between CSP and multinationality. Results supported our contention that multinational enterprises need to be substantially committed to social performance objectives if they are to recoup the cost of their CSP investments, and improve their capacity to compete in (...) foreign markets. MNEs engaged in intermediate levels of CSP achieve lower levels of multinationality than firms operating at either anchor of the social performance continuum. In addition, this study demonstrates that CSP moderates a well-established relationship in international business literature - the relationship between R&D investment and a firm's multinationality. Implications for research and practice are discussed. (shrink)

The aim of this article is to argue that Marcel’s idea of freedom as participation in being is what constitutes authentic freedom and existence. A “pessimistic” existentialist, Sartre conceives of authentic freedom and existence or life as making free choices and committing oneself to one’s chosen mode of life and taking responsibility for it. However, this stand of absolute freedom of choice, irrespective of the morality and nature of one’ actions with regard to human essence and ontological status as finite (...) and potential being in need of plenitude, could lead to the loss of sense of being and the proliferation of evil in a society. This is because one might freely choose to indulge in an act that negates the essence of humanity and engenders self-destruction as well as the destruction of others, since, for the “pessimistic” existentialist, one only has to be committed to it and accept its accompanying responsibility to qualify as authentic freedom and existence. I will argue that Marcel’s conception of freedom as participation in being leads to an individual’s awareness of their ontological status as a finite being and that their finitude imposes a limitation on their hold on being and generates some self-trepidation that they might lose their sense of being, and consequently propels them to engage in those acts that are consistent and compatible with their essence and are geared towards self-realisation. I will conclude that genuine freedom and authentic life lie in participation in being. (shrink)

Recently highly-efficient quantum engines were devised by exploiting the stochastic energy changes induced by quantum measurement. Here we show that such an engine can be based on an interaction-free measurement, in which the meter seemingly does not interact with the measured object. We use a modified version of the Elitzur–Vaidman bomb tester, an interferometric setup able to detect the presence of a bomb triggered by a single photon without exploding it. In our case, a quantum bomb subject to a gravitational (...) force is initially in a superposition of being inside and outside one of the interferometer arms. We show that the bomb can be lifted without blowing up. This occurs when a photon traversing the interferometer is detected at a port that is always dark when the bomb is located outside the arm. The required potential energy is provided by the photon even though it was not absorbed by the bomb. A natural interpretation is that the photon traveled through the arm which does not contain the bomb—otherwise the bomb would have exploded—but it implies the surprising conclusion that the energy exchange occurred at a distance despite a local interaction Hamiltonian. We use the weak value formalism to support this interpretation and find evidence of contextuality. Regardless of interpretation, this interaction-free quantum measurement engine is able to lift the most sensitive bomb without setting it off. (shrink)

Chez Eisenstein on découvre comment dans le cinéma de prise de vues réelles, il est déjà possible de détourner un élément du représenté pour en faire le moyen d’une représentation qui le dépasse au point de lui être étranger, dans la mesure où il sert un propos tout autre que celui de son contexte d’origine. Dans le stop motion la mise en mouvement fondée sur un type de « montage » image par image permet non seulement de réanimer le monde, (...) mais aussi de transfigurer les objets et leur matérialité même. L’adhésion au contenu profilmique ne concerne donc plus uniquement les contenus généraux et narratifs de la représentation (comme le lieu ou la temporalité), mais aussi la matérialité même des objets. (shrink)

The essays contained in Beyond the Juxtaposition of Nature and Culture represent an attempt by scholars from Canada, Germany, and Mexico to come to grips with the innovative work of the American philosopher and anthropologist Lawrence Krader who has proposed nothing less than a new theory of nature, according to which there are at least three different orders--the material-biotic, the quantum, and the human--which differ from one another according to their different configurations of space-time, and which cannot be reduced the (...) one to the others. Each author takes up Krader's theory in relation to its impact on their own discipline: sociology, anthropology, the study of myth, the theory of labor and value, economics, linguistics, and aesthetics. The question of how nature and culture can be integrated within a theoretical framework which links them in difference and nexus and allows each their non-reductive space leads each of the contributors to move in their thinking beyond the old dualisms of materialism and idealism, fact and value, nature and culture. (shrink)

:Most game-theoretic accounts of institutions reduce institutions to behavioural patterns the players are incentivized to implement. An alternative account linking institutions to rule-following behaviour in a game-theoretic framework is developed on the basis of David Lewis’s and Ludwig Wittgenstein's respective accounts of conventions and language games. Institutions are formalized as epistemic games where the players share some forms of practical reasoning. An institution is a rule-governed game satisfying three conditions: common understanding, minimal awareness and minimal practical rationality. Common understanding has (...) a strong similarity with Ludwig Wittgenstein's concept of lebensform while minimal awareness and minimal practical rationality capture the idea that rule-following is community-based. (shrink)

Résumé Prenant pour exemple la figure littéraire de l’employé de bureau, notre étude se propose de saisir les particularités synchroniques et le cheminement diachronique d’une esthétique de l’impotence qui aurait émergé avec la tentation flaubertienne du « livre sur rien », pour se développer ensuite dans une large part du roman français de la première moitié du xx e siècle et trouver, enfin, son aboutissement dans l’œuvre de Samuel Beckett.

This paper evaluates how Amartya Sen’s critique of revealed preference theory stands against the latter’s contemporary, ‘neo-Samuelsonian’ version. Neo- Samuelsonians have argued that Sen’s arguments against RPT are innocuous, in particular once it is acknowledged that RPT does not assume away the existence of motivations or other latent psychological or cognitive processes. Sen’s claims that preferences and choices need to be distinguished and that external factors need to be taken into account to analyze the act of choice then appear to (...) be irrelevant. However, while it is true that contemporary revealed preference theory partially evades Sen’s critique, I show that the latter is still relevant outside the restricted areas of consumer choice and market dynamics. In particular, Sen’s views regarding the importance of incomplete preferences and the multiplicity of levels of agency can hardly be integrated into the framework of CRPT. This is a significant limit, given the imperialistic claims of some of the proponents of the latter. (shrink)

This article presents a community-based account of salience as an alternative and a complement to the ‘natural salience’ approach which is endorsed by almost all game theorists who use this concept. While in the naturalistic approach, salience is understood as an objective and natural property of some entities, the community-based account claims that salience is a function of community membership. Building on David Lewis’s theory of common knowledge and on some of its recent refined accounts, I suggest that salience acts (...) as a correlating device in a correlated equilibrium. What is constitutive of salience is common understanding, the fact that agents have common knowledge that they share the same modes of reasoning with respect to a well-identified set of events. I argue that the basis for common understanding is community membership. The relevance of this account stems from the fact that it answers the objection that salience is either unnecessary or unable to account for coordination between rational agents. (shrink)

ABSTRACTDeliberative and decisional groups play crucial roles in most aspects of social life. But it is not obvious how to organize these groups and various socio-cognitive mechanisms can spoil debates and decisions. In this paper we focus on one such important mechanism: the misrepresentation of views, i.e. when agents express views that are aligned with those already expressed, and which differ from their private opinions. We introduce a model to analyze the extent to which this behavioral pattern can warp deliberations (...) and distort the decisions that are finally taken. We identify types of situations in which misrepresentation can have major effects and investigate how to reduce these effects by adopting appropriate deliberative procedures. We discuss the beneficial effects of holding a sufficient number of rounds of expression of views; choosing an appropriate order of speech, typically a random one; rendering the deliberation dissenter-friendly; having agents express fined-grained views. These applicable procedures help improve deliberations because they dampen conformist behavior, give epistemic minorities more opportunities to be heard, and reduce the number of cases in which an inadequate consensus or majority develops. (shrink)

Tomando como punto de partida el desafío que supone el pluralismo para el diálogo, nos hallamos ante la tendencia de replegarnos en nosotros mismos o bien, de abrirnos aún más al otro. Todo depende de la visión y la consideración del otro y de su cultura. Al superar el miedo a perder la propia identidad, el diálogo puede conducir al enriquecimiento mutuo. De hecho, el diálogo intercultural es ante todo un diálogo interpersonal, y por eso es posible. Esto significa que (...) para vivir el primero, parece necesario vivirlo primero en el plano interpersonal sin forzarlo, porque el verdadero diálogo es la expresión de la libertad, que es su condición de posibilidad. (shrink)

Cette étude tente de répondre à la question de la possibilité ou plutôt du caractère intelligible de l'attribution à Dieu de la prescience de nos actes libres. Il s'agir d'un problème bien connu des historiens de la pensée, d'Aristote à Leibniz. La question "Dieu a-t-il la science des futurs actes futurs libres (plus généralement des futurs contingents)" doit être précédée par la question "la notion de Dieu comme d'un être qui a la science des actes futurs libres est-elle intelligible?" L'auteur (...) commence par étudier les raisons et enjeux d'attribuer ou de refuser à Dieu la prescience. Puis il s'attache à la conception de la liberté qui semble incompatible avec la prescience, avant de préciser l'idée d'incompatibilité de la prescience et de la liberté puis d'étudier les diverses tentatives proposées pour éviter une telle incompatibilité. (shrink)

Glowacki asserts that interdependent relationships beyond group boundaries are exceptionally rare among nonhuman mammals. However, rudimentary forms of interdependence can be seen in primate species that form multilevel societies, that is, core social units embedded within higher-level grouping categories. Studies of primate multilevel societies can enrich discussions about the evolutionary origins of peaceful between-group interactions in humans.