We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various bodies and obtaining expert (...) advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

A new critical approach to Jewish thinking and praxis, drawing upon key thinkers such as Adorno, Wittgenstein, Gdel, Heidegger and Celan.

Whether extrovertive, introvertive, or some further hybrid, the process of the soul touching the fullness of its divine origins is itself undergoing transformation in the twenty-first-century cultural matrices of Israel. A remarkable exemplar of devotional Hebrew cultures can be found within the hybrid networks of haredi worlds in Israel today. R. Yitzhaq Maier Morgenstern, author of Yam ha-okhmah, Netiv ayyim, and De'i okhmah le-nafshekha, is arguably the most innovative mystical voice in Israel. Why are his works resonating so strongly both (...) inside and outside their haredi communities of origin? How is his innovative thinking affecting the devotional praxis of Devekut both inside and outside the unfolding Hasidic networks? This exploration of mystical apperception through Devekut builds upon studies of Garb, Huss, and Meir, while challenging the idea that Morgenstern's expanding impact is solely a function of his mystical-magical charisma and hypernomian spiritual practice. This study argues that it is Morgenstern's hybridized thinking through key theoretical issues in Kabbalah and Hasidism as they apply to the lived practice of a devotional life of Devekut that will likely remain his strongest innovation and contribution to contemporary Jewish mysticism. (shrink)

Can parents who choose not to vaccinate their children be held legally liable for any harm that results? The state of laboratory and epidemiological understanding of a disease such as measles makes it likely that a persuasive causal link can be established between a decision to not vaccinate, a failure to take appropriate precautions to isolate a non-vaccinated child who may have been exposed to measles from highly vulnerable persons, and a death. This paper argues that, even if a parent (...) chooses to not vaccinate a child under a state law permitting exemptions, that decision does not create complete protection against liability for the adverse consequences of that choice. (shrink)

Consider this hypothetical scenario involving a choice not to vaccinate a child. Ms. S has a niece who is autistic. The girl's parents are suspicious that there is some relationship between her autism and her Measles Mumps and Rubella vaccination. They have shared their concerns with Ms. S. She then declines to have her own daughter, Jinny S., vaccinated with the MMR vaccine. To bypass the state's mandatory vaccination requirement, Ms. S claims a state-legislated philosophical exemption, whereby she simply attests (...) to the fact that she is opposed to vaccinating her daughter due to a conscientiously held belief. At the age of four, Jinny goes on a trip by airplane to Germany with her mother. After returning to the United States, she attends daycare despite having some mild cold symptoms. Subsequently, she develops a classic measles rash, at which point her mother brings her to a pediatrician and keeps her home from daycare. (shrink)

The Search for the Legacy of the USPHS Syphilis Study at Tuskegee is a collection of essays from experts in a variety of fields seeking to redefine the legacy of the infamous Tuskegee Syphilis Study. The essayists place the legacy of the study within the evolution of racial and ethnic relations in the United States. Contributors include two leading historians on the study, two former United States Surgeons General, and other prominent scholars from a wide range of fields.

In this comprehensive collection of essays, most of which appear for the first time, eminent scholars from many disciplines—philosophy, economics, sociology, political science, demography, theology, history, and social psychology—examine the causes, nature, and consequences of present-day consumption patterns in the United States and throughout the world.

Fackenheim's combination of erudition and generosity served to inspire a lifetime of philosophical inquiry, and a number of his students are represented in this ...

This volume is a scholarly tribute to Fackenheim’s memory. It covers a wide spectrum of Fackenheim’s work including biographical, philosophical, and theological aspects of his thought that have not been addressed adequately in the past. Elie Wiesel, a close personal friend to Fackenheim for over 30 years, has provided the Foreword for the volume.

Legal norms serve as practical standards for individuals and officials. While this ‘normative aspect’ of law is widely acknowledged, its significance for theories of law remains contested. In this paper, I examine three views on the matter. First, that we should explain legal norms as reason-giving. Second, that we should explain legal discourse as being about reasons for action. Third, that we should explain law as capable of being reason-giving. I survey some challenges associated with each of these views. What (...) they have in common is an implicit assumption about the form that normative explanation must take: that it must be a linear, non-reductive explanation. There is an alternative model for normative explanation available, however. That model explains normative notions in terms of the practices and attitudes involved in recognizing, offering, and demanding them. I highlight the potentials, and limitations, of this practice-centered alternative. (shrink)

Wittgenstein suggérait que les raisons en éthique sont comme les raisons en philosophie ou en esthétique. Elles « attirent votre attention sur une chose » ; « elles juxtaposent les choses » ; parfois, elles les dissocient. De telles raisons peuvent changer l’Anschauungsweise de quelqu’un, sa façon de voir les choses. Cet essai a pour objet la façon dont le concept d’injustice affecte le traitement que nous réservons aux animaux. Il a pour objet une manière de dissocier les choses et (...) une manière de les juxtaposer : la dissociation de la justice et des droits, et la juxtaposition de nous-mêmes et des animaux en tant qu’êtres envers lesquels on peut se conduire de façon juste ou injuste. (shrink)

L'obtention du droit de vote en avril 1944 et une participation active à la Résistance semblent représenter le début de quelque chose de nouveau pour les femmes françaises. Etudier la vie quotidienne des femmes à Toulouse pendant et après la guerre - à travers des sources écrites et orales - montre que les années d'après-guerre, avec la réintégration des hommes, le rétablissement de la politique traditionnelle et le retour de la normalité quotidienne, ont poussé les femmes à reprendre leurs habitudes (...) d'avant-guerre dans l'espace domestique. Il semble que, paradoxalement, les conditions créées par la guerre aient fourni des possibilités nouvelles aux femmes. Elles ont eu accès à une certaine autonomie, ont mesuré leurs capacités professionnelles, ont assumé de nouvelles responsabilités, et elles ont exprimé leurs opinions politiques pour la première fois. (shrink)

L'obtention du droit de vote en avril 1944 et une participation active à la Résistance semblent représenter le début de quelque chose de nouveau pour les femmes françaises. Etudier la vie quotidienne des femmes à Toulouse pendant et après la guerre - à travers des sources écrites et orales - montre que les années d'après-guerre, avec la réintégration des hommes, le rétablissement de la politique traditionnelle et le retour de la normalité quotidienne, ont poussé les femmes à reprendre leurs habitudes (...) d'avant-guerre dans l'espace domestique. Il semble que, paradoxalement, les conditions créées par la guerre aient fourni des possibilités nouvelles aux femmes. Elles ont eu accès à une certaine autonomie, ont mesuré leurs capacités professionnelles, ont assumé de nouvelles responsabilités, et elles ont exprimé leurs opinions politiques pour la première fois. (shrink)

Reform of the federal income tax system has become a perennial item on the domestic policy agenda of the United States, although there is considerable uncertainty over specifics. Indeed the recent report of the President's Advisory Panel on Federal Tax Reform recommended not one but two divergent policy directions. In Fundamental Tax Reform, top experts in tax policy discuss a wide range of issues raised by the prospect of significant tax reform, identifying the most critical questions and considering whether the (...) answers are known, unknown--or unknowable. The debates over tax reform usually concern the advantages and disadvantages of income-based taxation as opposed to any of the several alternative forms of consumption-based taxation. The book opens with chapters that discuss the strengths, weaknesses, and political feasibility of these options. Other chapters consider the effect of tax reform on businesses, especially their investment behavior, and include a discussion of possible problems in any transition to a consumption-based tax; international taxation issues arising in an era of globalization; and individual behavioral response to tax reform, including a view of the topic from the perspective of the relatively new field of behavioral economics. ContributorsRosanne Altshuler, Alan J. Auerbach, John W. Diamond, Harry Grubert, Arnold C. Harberger, Kevin A. Hassett, Thomas J. Kniesner, Laurence J. Kotlikoff, Edward J. McCaffery, Kathryn Newmark, David Rapson, Daniel Shaviro, Joel Slemrod, James P. Ziliak, George R. ZodrowDiscussants James Alm, Henry J. Aaron, Charles L. Ballard, Leonard E. Burman, Robert S. Chirinko, Robert D. Dietz, Malcolm Gillis, Roger H. Gordon, Jane G. Gravelle, Timothy S. Gunning, James M. Poterba, Thomas S. Neubig, Alan Viard, George Yin John W. Diamond is Edward and Hermena Kelly Fellow in Tax Policy and Adjunct Professor of Economics at the Baker Institute for Public Policy, Rice University. George R. Zodrow is Professor of Economics and Rice Scholar at the Baker Institute and International Research Fellow at the Centre for Business Taxation, Oxford University. (shrink)

Wittgenstein avait, pourrait-on dire, une « sensibilité religieuse ». Dans un essai vaste et perspicace sur Wittgenstein et la religion, Peter Winch a décrit l’attitude de Wittgenstein à l’égard de la vie ainsi que son regard sur sa propre vie d’une façon qui met en lumière leur caractère religieux [Winch 1994, p. 109-110]. Mais il n’est pas aisé de voir clairement quelles furent les opinions de Wittgenstein au sujet de la religion et de la croyance religieuse, opinions qui, de fait, (...) changère... (shrink)

Ce témoignage qui fut publié en anglais en 1972, a été traduit puis réédité par Rémy Casals pour l’inclure dans sa collection « Témoignages pour l’histoire ». Née et élevée en Australie, l’auteur, Christine Morrow, arrive en Europe en 1935 pour préparer sa thèse de doctorat à Londres et ensuite à Paris. Lorsqu’elle touche au terme de ce travail en mai 1940, elle se trouve en Bretagne quand les Allemands envahissent la France. Sa nationalité britannique l’oblige à fuir la zone (...) occupée pour tra... (shrink)

In Discovering Levinas, Michael L. Morgan shows how this thinker faces in novel and provocative ways central philosophical problems of twentieth-century philosophy and religious thought. He tackles this task by placing Levinas in conversation with philosophers such as Donald Davidson, Stanley Cavell, John McDowell, Onora O'Neill, Charles Taylor, and Cora Diamond. He also seeks to understand Levinas within philosophical, religious, and political developments in the history of twentieth-century intellectual culture. Morgan demystifies Levinas by examining his unfamiliar and surprising vocabulary, (...) interpreting texts with an eye to clarity, and arguing that Levinas can be understood as a philosopher of the everyday. Morgan also shows that Levinas's ethics is not morally and politically irrelevant nor is it excessively narrow and demanding in unacceptable ways. Neither glib dismissal nor fawning acceptance, this book provides a sympathetic reading that can form a foundation for a responsible critique. (shrink)

The high prevalence of cardiovascular diseases demands a reliable and sensitive risk assessment technique. In order to develop a fast and label-free immunosensor for C-reactive protein, a risk factor for this condition, anti-CRP antibodies were physically adsorbed to the hydrogen -terminated surface of nanocrystalline diamond. An Enzyme-Linked ImmunoSorbent Assay reference technique showed that this was a suitable substrate for antibody-antigen recognition reactions. Electrochemical Impedance Spectroscopy was used to electronically detect CRP recognition. The specificity of the immunosensor was demonstrated by (...) incubation with CRP and plasminogen as reference molecule. A different impedance behavior was observed in real-time after CRP addition as compared to plasminogen addition: the impedance increased only during CRP incubation. Fitting the data showed that this corresponded with a decrease in capacitance of the molecular layer due to its increased thickness by specific CRP recognition. Sensitivity experiments in real-time showed a clear discrimination between 1 μM, 100 nM, and 10 nM of CRP after 10 min at 100 Hz. Since, 10 nM of CRP was still clearly distinguishable from buffer solution, our CRP-directed immunosensor prototype reaches a sensitivity that is within the physiologically relevant concentration range of this biomarker in healthy controls and CVD patients. Moreover, this prototype displayed real-time discriminating power between spiked and unspiked serum, and thus also shows its applicability in this biological matrix. © 2011 Elsevier B.V. All rights reserved. (shrink)

In a previous work [the second and the third author, “On paraconsistent deontic logic”, Philosophia 16, 293-303 (1986)] investigated certain systems of paraconsistent deontic in order to investigate the problem of contradiction in the domain of ethics. This paper continues this line of research, studying some paraconsistent systems containing alethic and deontic modalities. This approach allows us to treat the principles of Kant (OA→ \diamond A) and Hintikka (\square A → OA) from the classical and from the paraconsistent point (...) of view, and to propose systems in which either, both, or neither of these principles is valid. (shrink)

The paper examines an important theme in Cora Diamond’s work, as this appears particularly in her reply to Martha Nussbaum, namely the theme of moral attention—being sensitive to the complexity of facts as opposed to obtuseness, and the role that improvisation plays for moral attention. To further elucidate what improvisation is I consider its role in music and literature as mimetic portrayals of the complexity of moral life. I use the examples of Coltrane’s jazz music and of James’s rewriting (...) of his novel The American to show more specifically how improvisation can help advance and use creatively the range of implication within which moral thought can occur. (shrink)

We argue for an example of based on Diamond and Carey's (1986) work on expertise and recognition, which is not made use of in The Origin of Concepts. This mechanism for perceptual learning seems to have all the necessary characteristics in that it is innate, domain-specific (requires stimulus sets possessing a certain structure), and demonstrably affects categorisation in a way that strongly suggests it will influence concept formation as well.

In a well-cited book chapter, ecologist Jared Diamond characterizes three main types of experiment performed in community ecology: laboratory experiment, field experiment, and natural experiment. Diamond argues that each form of experiment has strengths and weaknesses, with respect to, for example, realism or the ability to follow a causal trajectory. But does Diamond’s typology exhaust the available kinds of cause-finding practices? Some social scientists have characterized something they call “causal process tracing.” Is this a fourth type of (...) experiment or something else? I examine Diamond’s typology and causal process tracing in the context of a case study concerning the dynamics of wolf and deer populations on the Kaibab Plateau in the 1920s, a case that has been used as a canonical example of a trophic cascade by ecologists but which has also been subject to controversy. I argue that ecologists have profitably deployed causal process tracing together with other types of experiment to help settle questions of causality in this case. It remains to be seen how widespread the use of causal process tracing outside of the social sciences is (or could be), but there are some potentially promising applications, particularly with respect to questions about specific causal sequences. (shrink)

In, Kosterec attempts to provide ``model-theoretic proofs'' of certain theses involving the normal modal operators $\Diamond$ and $\square$ and the truth-in-fiction operator $F$ which he then goes on to show have counterexamples in Kripke models. He concludes from this that the embedding of modal logic under the truth-in-fiction operator is unsound. We show instead that it is the ``model-theoretic proofs'' that are themselves unsound, involving illicit substitution, a subtle error that nevertheless allows us to draw an important conclusion about (...) intensional contexts and semantic equivalences. (shrink)

This paper deals with an analysis of debris produced during the polishing of diamond. The debris is carefully collected 'as ejected' to shorten the history of the freshly removed material. Using high-resolution electron microscopy as well as electron-energy-loss spectroscopy, the structure of the material is revealed and analysed in terms of density, percentage of sp 2 hybridized carbon, and oxygen content. Debris from polishing in the so-called hard and soft directions were involved in this investigation. Overall the structure of (...) all debris is amorphous carbon. The material appears to be composed of small clusters, some nanometres in diameter, in which the graphite basal planes can be recognized. Very few and very small nanometre-sized diamond particles were found in the debris from polishing in the hard direction. The results support a polishing mechanism based on a mechanically induced transformation of diamond to graphite, after which material removal easily occurs. The well-known anisotropy observed in polishing can be explained satisfactorily on the basis of this model. Finally, in appendices, the art of polishing and the role of the black powder during preparation of the scaife are discussed. (shrink)

Over the course of an illustrious career, the late Bernard Diamond established himself as the preeminent forensic psychiatrist of the century. _The Psychiatrist in the Courtroom_ brings together in a single volume Diamond's pivotal contributions to a variety of important issues, including the nature of diminished capacity, the fallacy of the impartial expert, the predictability of dangerousness, and the unacceptability of hypnotically facilitated memory in courtroom proceedings. Ably introduced and edited by Jacques M. Quen, M.D., a close colleague (...) of Diamond's and leading historian of forensic psychiatry, these writings enable experts and neophytes alike to track Diamond's evolving positions while clarifying where current legal and psychiatric opinion converge -- and diverge -- on a host of critical topics. For the forensic specialist, _The Psychiatrist in the Courtroom_ is not only an invaluable reference work but a compassionate reminder of the clinician's obligation to protect patients in legal proceedings. And in an age when clinicians are increasingly called into court, the book will be no less valuable to psychoanalysts and other mental health professionals eager for an introduction to the intricacies of judicial reasoning. Then, too, owing to Diamond's clinical acumen, the book is a compelling human document. With great erudition and deep compassion, Diamond tackles these and other knotty questions, always with an eye to clarifying the legal and clinical implications of the answers. By combining superb clinical gifts with an incisive understanding of legal principle, Diamond produced a seminal corpus whose relevance to discussions of therapeutic ethics and to legal debates will continue well into the next century. (shrink)

Le discours philosophique peut-il légitimement recourir à l’imagination, et notamment l’imagination créatrice, tout en maintenant sa prétention à produire une authentique connaissance? Quelques-uns des grands philosophes de la tradition ont jugé sévèrement l’imagination comprise comme faculté de former des images. L’imagination mobilise en effet la sensibilité, ce qui la distingue de la conception, et la rend suspecte. L’imagination apparaît alors comme une faculté non rationnelle : non seul...