Class action lawsuits and the justice that they are supposed to enforce have become of great concem to legislators in recent years. The traditional ruIes of tort liability cannot completely support the court decisions that have been reached. The rulings, however, are clearly in the interest of giving victims the justice that they are due. Legal scholars, such as Jules Coleman, claim that the conflicts between tort liability and class action justice cannot be reconciled in our legal system. I propose (...) an avenue of analysis whereby the principles of justice that support tort law are preserved as needed for modem issues, yet at the same time address the genuine public policy concems in these class actions. (shrink)

It is widely thought that focusing on highly skilled movements while performing them hinders their execution. Once you have developed the ability to tee off in golf, play an arpeggio on the piano, or perform a pirouette in ballet, attention to what your body is doing is thought to lead to inaccuracies, blunders, and sometimes even utter paralysis. Here I re-examine this view and argue that it lacks support when taken as a general thesis. Although bodily awareness may often interfere (...) with well-developed rote skills, like climbing stairs, I suggest that it is typically not detrimental to the skills of expert athletes, performing artists, and other individuals who endeavor to achieve excellence. Along the way, I present a critical analysis of some philosophical theories and behavioral studies on the relationship between attention and bodily movement, an explanation of why attention may be beneficial at the highest level of performance and an error theory that explains why many have thought the contrary. Though tentative, I present my view as a challenge to the widespread starting assumption in research on highly skilled movement that at the pinnacle of skill attention to one's movement is detrimental. (shrink)

According to David Chalmers , 'we have good reason to suppose that consciousness has a fundamental place in nature' . This, he thinks is because the world as revealed to us by fundamental physics is entirely structural -- it is a world not of things, but of relations -- yet relations can only account for more relations, and consciousness is not merely a relation . Call this the 'structural argument against physicalism.' I shall argue that there is a view about (...) the relationship between mind and body, what I call, 'Russellian physicalism' that is consistent with the premises of the structural argument yet does not imply that consciousness is fundamental. (shrink)

The purpose of this article is to report what can be learned about nurses’ ethical conflicts by the systematic analysis of methodologically similar studies. Five studies were identified and analysed for: (1) the character of ethical conflicts experienced; (2) similarities and differences in how the conflicts were experienced and how they were resolved; and (3) ethical conflict themes underlying four specialty areas of nursing practice (diabetes education, paediatric nurse practitioner, rehabilitation and nephrology). The predominant character of the ethical conflicts was (...) disagreement with the quality of medical care given to patients. A significant number of ethical conflicts were experienced as ‘moral distress’, the resolution of which was variable, depending on the specialty area of practice. Ethical conflict themes underlying the specialty areas included: differences in the definition of adequacy of care among professionals, the institution and society; differences in the philosophical orientations of nurses, physicians and other health professionals involved in patient care; a lack of respect for the knowledge and expertise of nurses in specialty practice; and difficulty in carrying out the nurse’s advocacy role for patients. (shrink)

According to the variety of evidence thesis items of evidence from independent lines of investigation are more confirmatory, ceteris paribus, than, for example, replications of analogous studies. This thesis is known to fail (Bovens and Hartmann; Claveau). However, the results obtained by Bovens and Hartmann only concern instruments whose evidence is either fully random or perfectly reliable; instead, for Claveau, unreliability is modelled as deterministic bias. In both cases, the unreliable instrument delivers totally irrelevant information. We present a model that (...) formalizes both reliability and unreliability differently. Our instruments either are reliable, but affected by random error, or are biased but not deterministically so.Bovens and Hartmann’s results are counter-intuitive in that in their model a long series of consistent reports from the same instrument does not raise suspicion of ‘too-good-to-be-true’ evidence. This happens precisely because they contemplate neither the role of systematic bias, nor unavoidable random error of reliable instruments. In our model, the variety of evidence thesis fails as well, but the area of failure is considerably smaller than for Bovens and Hartmann and Claveau, and holds for (the majority of) realistic cases (that is, where biased instruments are very biased). The essential mechanism that triggers variety of evidence thesis failure is the rate of false to true positives for the two kinds of instruments. Our emphasis is on modelling beliefs about sources of knowledge and their role in hypothesis confirmation in interaction with dimensions of evidence, such as variety and consistency. (shrink)

Understanding what numbers are means knowing several things. It means knowing how counting relates to numbers (called the cardinal principle or cardinality); it means knowing that each number is generated by adding one to the previous number (called the successor function or succession), and it means knowing that all and only sets whose members can be placed in one-to-one correspondence have the same number of items (called exact equality or equinumerosity). A previous study (Sarnecka & Carey, 2008) linked children's understanding (...) of cardinality to their understanding of succession for the numbers five and six. This study investigates the link between cardinality and equinumerosity for these numbers, finding that children either understand both cardinality and equinumerosity or they understand neither. This suggests that cardinality and equinumerosity (along with succession) are interrelated facets of the concepts five and six, the acquisition of which is an important conceptual achievement of early childhood. (shrink)

In this paper I develop a framework for environmental philosophy on the ground of what I call a radical relationalism based on Whitehead’s thought. Accordingly, relations are ontologically prior to and constitutive of entities rather than being conceived as external link(ing) between them. On this ground an alternative, relational axiology can be developed that challenges the current environmental ethics debate and its dichotomy between intrinsic and instrumental values. In the last section, I show how such an axiology can become an (...) important ally for global environmental justice struggles and help support what the anthropologist Arturo Escobar calls a “decolonial view of nature.”. (shrink)

Many mathematicians are platonists: they believe that the axioms of mathematics are true because they express the structure of a nonspatiotemporal, mind independent, realm. But platonism is plagued by a philosophical worry: it is unclear how we could have knowledge of an abstract, realm, unclear how nonspatiotemporal objects could causally affect our spatiotemporal cognitive faculties. Here I aim to make room in our metaphysical picture of the world for the causal relevance of abstracta.

Philosophical discussions have critically analysed the methodological pitfalls and epistemological implications of evidence assessment in medicine, however they have mainly focused on evidence of treatment efficacy. Most of this work is devoted to statistical methods of causal inference with a special attention to the privileged role assigned to randomized controlled trials (RCTs) in evidence based medicine. Regardless of whether the RCT’s privilege holds for efficacy assessment, it is nevertheless important to make a distinction between causal inference of intended and unintended (...) effects, in that the unknowns at stake are heterogonous in the two contexts. However, although “lower level” evidence is increasingly acknowledged to be a valid source of information contributory to assessing the risk profile of medications on theoretical or empirical grounds, current practices have difficulty in assigning a precise epistemic status to this kind of evidence because they are more or less implicitly parasitic on the (statistical) methods developed to test drug efficacy. My thesis is that (1) “lower level” evidence is justified on distinct grounds and at different conditions depending on the different epistemologies which one wishes to endorse, in that each impose different constraints on the methods we adopt to collect and evaluate evidence; (2) such constraints ought to be understood to be different in the case of evidence for risk versus benefit assessment for a series of reasons which I will illustrate on the basis of the recent debate on the causal association between acetaminophen (a.k.a. paracetamol) and asthma. (shrink)

Might the world be structured, as Leibniz thought, so that every part of matter is divided ad infinitum? The Physicist David Bohm accepted infinitely decomposable matter, and even Steven Weinberg, a staunch supporter of the idea that science is converging on a final theory, admits the possibility of an endless chain of ever more fundamental theories. However, if there is no fundamental level, physicalism, thought of as the view that everything is determined by fundamental phenomena and that all fundamental phenomena (...) are physical, turns out false, for in such a world, there are no fundamental phenomena, and so fundamental phenomena determine nothing. While some take physicalism necessarily to posit a fundamental level, here I present a thesis of physicalism that allows for its truth even in an infinitely decomposable world. (shrink)

The conservation of energy law, a law of physics that states that the total energy of any closed system is always conserved, is a bedrock principle that has achieved both broad theoretical and experimental support. Yet if interactive dualism is correct, it is thought that the mind can affect physical objects in violation of the conservation of energy. Thus, some claim, the conservation of energy grounds an argument for physicalism. Although critics of the argument focus on the implausibility of causation (...) requiring the transference of energy, I argue that even if causation requires the transference of energy, once we accept the other required premises of the argument that lie behind any supposed argument from the conservation of energy the law of the conservation of energy is revealed as irrelevant to the question of whether the mental is physical. (shrink)

The conservation of energy law, a law of physics that states that the total energy of any closed system is always conserved, is a bedrock principle that has achieved both broad theoretical and experimental support. Yet if interactive dualism is correct, it is thought that the mind can affect physical objects in violation of the conservation of energy. Thus, some claim, the conservation of energy grounds an argument for physicalism. Although critics of the argument focus on the implausibility of causation (...) requiring the transference of energy, I argue that even if causation requires the transference of energy, once we accept the other required premises of the argument that lie behind any supposed argument from the conservation of energy the law of the conservation of energy is revealed as irrelevant to the question of whether the mental is physical. (shrink)

The origins of Vico's social theory : Vichian reflections on the Neapolitan Revolt of 1701 and the politics of the metropolis -- Vico's cosmopolitanism : global citizenship and natural law in Vico's pedagogical thought -- Vico's social theory : the conundrum of the Roman metropolis and the struggle of humanity for natural rights -- From social theory to philosophy : Vico's disillusions with the Neapolitan magistracy and the new frontier of philosophy.

Whistleblowers remain essential as complainants in allegations of research misconduct. Frequently internal to the research team, they are poorly protected from acts of retribution, which may deter the reporting of misconduct. In order to perform their important role, whistleblowers must be treated fairly. Draft regulations for whistleblower protection were published for public comment almost a decade ago but never issued. In the face of the growing challenge of research fraud, we suggest vigorous steps, to include: organizational responsibility to certify the (...) accuracy of research including audit, required whistleblower action in the face of imminent or grave harm to subjects, strengthened legal protections against retaliation including prompt enactment of Federal whistleblower protections and consideration of criminalizing the most egregious cases of research misconduct. (shrink)

The problem of collecting, analyzing and evaluating evidence on adverse drug reactions (ADRs) is an example of the more general class of epistemological problems related to scientific inference and prediction, as well as a central problem of the health-care practice. Philosophical discussions have critically analysed the methodological pitfalls and epistemological implications of evidence assessment in medicine, however they have mainly focused on evidence of treatment efficacy. Most of this work is devoted to statistical methods of causal inference with a special (...) attention to the privileged role assigned to randomized controlled trials in Evidence Based Medicine. Regardless of whether the RCT’s privilege holds for efficacy assessment, it is nevertheless important to make a distinction between causal inference of intended and unintended effects, in that the unknowns at stake are heterogonous in the two contexts. This point has been emphasized by epidemiologists in the last decade. Their main focus is methodological, and regards the fact that bias and confounding do not affect studies on intended and unintended effects in the same way. However, deeper concerns ground the intuition for such a distinction; these are related to the constraints which we impose on evidence and their epistemological justification. My thesis is that such constraints ought to be understood to be different in the case of evidence for risk vs. benefit assessment. I present the recent debate on the causal association between acetaminophen and asthma in order to illustrate the point at issue. (shrink)

_Retrieving Political Emotion _engages the reader in an excursion through our ancient Greek heritage to recover a concept of emotion useful for enriching political philosophy today. Focusing on _thumos_, Barbara Koziak reveals misinterpretations of the concept that have hampered recognition of its possibilities for normative theory. Then, drawing especially on Aristotle's construal of it as a general capacity for emotion and relating this to contemporary multidisciplinary work on emotion, she reformulates _thumos_ to provide a more adequate theory of political (...) emotion, as an antidote to the modern fixation on rational self-interest as the key to explaining political behavior. The book proceeds by recounting the way _thumos_ is used in Homer's _Iliad_ and Plato's _Republic_ and then showing how, while borrowing from both, Aristotle went substantially beyond them. From the _Nicomachean Ethics and Politics_ we can see the activity of _thumos_—how a person with good _thumos_ acts and through which institutions. Through the _Poetics_ we observe the characteristic disposition of _thumos_—what patterns and objects typify a person's emotional capacity in the best regime. Her reconstructed Aristotelian theory of political emotion allows Koziak in the concluding chapter to show how it can help us better understand political behavior today, as manifested in recent congressional debates on welfare reform, and through constructive engagement with feminist thinking on the "ethics of care" lead political theory to pay more attention to the importance of passions in political life. (shrink)

According to Hume, experience in observing art is one of the prerequisites for being an ideal art critic. But although Hume extols the value of observing art for the art critic, he says little about the value, for the art critic, of executing art. That is, he does not discuss whether ideal aesthetic judges should have practiced creating the form of art they are judging. In this paper, I address this issue. Contrary to some contemporary philosophers who claim that experience (...) in creating art is irrelevant to one’s ability to judge that art form, as well as to some dance critics who see dance training as possibly even detrimental to one’s aesthetic judgment, I suggest that having practiced dancing makes one a better observer of certain aesthetic qualities of dance. Dance training, I argue, can facilitate a kinesthetic experience upon watching dance without which some aesthetic aspects of a dance performance—such as grace, power, and precision, as perceived kinesthetically—may go unnoticed. (shrink)

This chapter is concerned with materialistic views of the mind and the natural world in general. It examines the scientific evidence for the claim that everything within the spatiotemporal realm is physically constituted, and considers whether this evidence leaves room for any alternatives to this physicalist thesis.

Athletes sometimes describe “being in the zone,” as a time when their actions flow effortlessly and flawlessly without the guidance of thought. But is it true that athletes don't think when performing at their best? Numerous studies (such as Beilock et al. 2004, 2007 Ford et al 2005, Baumeister 1984, Masters 1992, Wulf & Prinz 2001, Beilock & DeCaro, 2007). However, I aim to argue that because even highly‐practiced skills can remain in part under an expert athlete's conscious control, thinking (...) does not hinder expert performance. (shrink)

An increasingly long line of high-profile scientific misconduct cases raises the question of whether regulatory policy ought to incorporate more rigorous sanctions for investigators and their institutions. Broad and Wade graphically describe these cases through the early 1980s. They continue to recent times with the cases of Evan Dreyer, Kimon Angelides and Robert Liburdy, Justin Radolf, and others. In addition, recent Congressional investigation into conflict of interest concerns surrounding consulting by National Institutes of Health scientists has raised further questions about (...) ethical standards. The record of continuing scandal suggests that current policy may not be optimal for controlling scientific misconduct. Would an alternative policy better minimize its incidence and associated costs?What should we expect of public policy governing misconduct by American scientists? Surely the public has a right to presume that its tax money is being spent wisely and that any economic rewards from taxpayer funded research are used prudently and in the public interest. (shrink)

A lengthy debate in the philosophy of the cognitive sciences has turned on whether the phenomenon known as ‘systematicity’ of language and thought shows that connectionist explanatory aspirations are misguided. We investigate the issue of just which phenomenon ‘systematicity’ is supposed to be. The much-rehearsed examples always suggest that being systematic has something to do with ways in which some parts of expressions in natural languages (and, more conjecturally, some parts of thoughts) can be substituted for others without altering well-formedness. (...) We show that under one construal this yields a grossly weak claim that is not just compatible with a narrow version of associationist psychology but essentially coincides with a formalization of its descriptive power. Under another construal we get a claim (apparently unintended) that requires natural languages to fall within the context-free class, a claim that most linguists regard as too strong. Looking more closely at this proposed reconstruction of systematicity leads us to endorse, with further illustrations, the suggestion of Johnson (2004) that systematicity as a matter of substitutability of co-categorial constituents for one another does not appearto hold of natural languages at all. The appeal of the ill-delineated notion of systematicity may lie in the fact that within certain subclasses of lexical items mutual intersubstitutability does seem to hold, and theexplanation for that lies in a limitation on human memory: we simply cannot learn separate privileges of syntactic distribution for all of the huge number of words and phrases that we know. (shrink)

Imagine that our world were such that the entities, properties, laws, and relations of fundamental physics did not determine what goes on at the mental level; imagine that duplicating our fundamental physics would fail to duplicate the pleasures, feelings of joy, and experiences of wonder that we know and love; in other words, imagine that the mental realm did not supervene on the physical realm. Would our world, then, be a world in which physicalism is false? A good number of (...) philosophers who ponder such issues—perhaps all philosophers who have hitherto pondered such issues—answer “yes.” The purpose of this paper is to suggest that, despite what physicalists say, they don’t think so, either. What is it that they really think? What is the actual doctrine of physicalism? I conclude withan attempt to uncover that as well. (shrink)

Alter (The Matter of Consciousness: From the Knowledge Argument to Russellian Monism, GB: Oxford University Pres, 2023) argues for something surprising: despite being widely rejected by philosophers, including Frank Jackson himself, Jackson’s knowledge argument succeeds. Alter’s defense of Jackson’s argument is not only surprising; it’s also exciting: the knowledge argument, if it’s sound, underscores the power of armchair philosophy, the power of pure thought to arrive at substantial conclusions about the world. In contrast, I aim to make a case for (...) something unsurprising and unexciting: that the knowledge argument does not succeed, or, even less far-reaching, that Alter’s defense of it is not persuasive. Mine is a classic file-drawer thesis, but what it has going for it is that it’s true, or so I think, and hope to illustrate why you should too. (shrink)

In the special section ‘Body Hacking: Self-Made Cyborgs and Visions of Transhuman Corporeality’, attention is drawn to cyborgism, a set of cultural and very personal practices of experimentation with the human body that often take place outside the confines of institutionalised technoscience. Known, for example, as ‘body hackers’, ‘grinders’ or ‘self-made cyborgs’ and engaging in unusual forms of body modification, the practitioners are enthusiasts who do not necessarily have any ‘disability’ in the conventional sense of the term. They consider the (...) body a highly malleable material, a transformable, improvable, augmentable entity. The collection of papers in this special section encompasses first-hand accounts of cyborg practices as well as intellectual reflections on their implications. (shrink)

This essay develops its idiosyncrasy by concentrating primarily on the trend of body hacking. The practitioners, self-defined as body hackers, self-made cyborgs or grinders, work in different ways to develop functional and physiological modifications through the contributions of technology. Their goal is to develop by themselves an empirically man-technique fusion. These dynamic “scientific” subcultures are producing astonishing innovations. From pocket-sized kits that sample human DNA, microchip implants that keep tabs on our internal organs, blood sugar levels or moods, and even (...) 3D printers that produce tailored hip replacements, the technical innovations of the body hacking trend are beginning to filter into mainstream use, and the repertoire increases every day. These physical transformations with intersecting techniques actively challenge long-held normative beliefs about what bodies do, what they should look like and how they should behave. They provide an alternative discourse on man’s correlation with the world and its biocenosis. Sculpting oneself has become an existential data. Medical technoscience crystallizes the effectiveness of new powers over the organism. Scientific temptation to recreate and enhance the human according to its normative principles has brought up experimental practices that have become the edge of a radical activism operating in the core of western societies, which will be the theme of this paper. (shrink)

Company directors and executives seek legal advice outside the company on a regular basis. This advice is meant to be given within the context of the lawyers’ professional obligations and ethical practise. What clients may not appreciate is there is often a conflict of interest between the lawyers’ professional and ethical concerns and the legal advice business. If lawyers follow their business interests, their advice may be incomplete especially in relation to the ethical consequences of that advice. This could lead (...) to a compromise of the clients’ commercial interests and even raise doubts in relation to the legality of the clients’ proposed course of action. (shrink)

Risk communication has been generally categorized as a warning act, which is performed in order to prevent or minimize risk. On the other side, risk analysis has also underscored the role played by information in reducing uncertainty about risk. In both approaches the safety aspects related to the protection of the right to health are on focus. However, it seems that there are cases where a risk cannot possibly be avoided or uncertainty reduced, this is for instance valid for the (...) declaration of side effects associated with pharmaceutical products or when a decision about drug approval or retirement must be delivered on the available evidence. In these cases, risk communication seems to accomplish other tasks than preventing risk or reducing uncertainty. The present paper analyzes the legal instruments which have been developed in order to control and manage the risks related to drugs – such as the notion of “development risk” or “residual risk” – and relates them to different kinds of uncertainty. These are conceptualized as epistemic, ecological, metric, ethical, and stochastic, depending on their nature. By referring to this taxonomy, different functions of pharmaceutical risk communication are identified and connected with the legal tools of uncertainty management. The purpose is to distinguish the different functions of risk communication and make explicit their different legal nature and implications. (shrink)

Food security policy, programs, and infrastructure have been incorporated into Public Health and other areas of the Provincial Government in British Columbia, including the adoption of food security as a Public Health Core Program. A policy analysis of the integration into Public Health is completed by merging findings from 48 key informant interviews conducted with government, civil society, and food supply chain representatives involved in the initiatives along with relevant documents and participant/direct observations. The paper then examines the results within (...) the context of historic and international trends and theoretical models of food policy, community food security, and applied policy research. Public Health re-emerged as a driver of food security in BC—both as a key player and in positing the public’s health as a driver in food security and food systems. While Public Health’s lead role supported an increase in legitimacy for food security in BC, interviewees described a clash of cultures between Public Health and civil society. The clash of cultures occurred partly as a result of Public Health’s limited food security mandate and top down approach. Consequently civil society voice at the provincial level was marginalized. A social policy movement toward a new political paradigm—regulatory pluralism—calls for greater engagement of civil society, and for all sectors to work together toward common goals. A new, emerging policy map is proposed for analyzing the dynamics of food security and health promotion initiatives in BC. (shrink)

This article argues that today’s search for identity, in the context of the rise of a new spirituality and the decline of authoritative memories, facilitates the forging of a new connection between soul and memory and enhances the importance of traumatic memories. Consequently, we witness the sacralization of memory which in unsettled times, when memories tend to become fixed and frozen, can undermine intergroup cooperation. The article asserts that an ethical burden, prompted by viewing memory as the surrogate of the (...) soul and the overrating of the importance of the politics of identity, can result in the displacement of public concerns with private ones. It stresses a need to rethink what kind of memory is compatible with a just, pluralist and cohesive democratic system. (shrink)

Purpose The purpose of this paper is to suggest a definition of genetic information by taking into account the debate surrounding it. Particularly, the objections raised by Developmental Systems Theory to Teleosemantic endorsements of the notion of genetic information as well as deflationist approaches which suggest to ascribe the notion of genetic information a heuristic value at most, and to reduce it to that of causality. Design/methodology/approach The paper presents the notion of genetic information through its historical evolution and analyses (...) it with the conceptual tools offered by philosophical theories of causation on one side and linguistics on the other. Findings The concept of genetic information is defined as a special kind of cause which causes something to be one way rather than another, by combining elementary units one way rather than another. Tested against the notion of “genetic error” this definition demonstrates to provide an exhaustive account of the common denominators associated with the notion of genetic information: causal specificity; combinatorial mechanism; arbitrariness. Originality/value The definition clarifies how the notion of information is understood when applied to genetic phenomena and also contributes to the debate on the notion of information, broadly meant, which is still affected by lack of consensus. (shrink)

The present article examines the potential effects on the translation process of working interactively with a translation memory system, a tool for storing and sharing previous translations. A TM system automatically divides the source text into sentences presented to the translator one-by-one. Based on observations made in an empirical study of six professional translators and six translation students, it is argued that full sentences do not constitute a central cognitive processing category in translation, and that the sentence-by-sentence presentation inherent in (...) TM systems therefore creates an unnaturally strong focus on the sentence, which affects the very task of translation . Particular attention is given to the impact of the use of TM systems on the informants' revision behaviour and their tendency to change the sentence structure. (shrink)

The present article examines the potential effects on the translation process of working interactively with a translation memory system, a tool for storing and sharing previous translations. A TM system automatically divides the source text into sentences presented to the translator one-by-one. Based on observations made in an empirical study of six professional translators and six translation students, it is argued that full sentences do not constitute a central cognitive processing category in translation, and that the sentence-by-sentence presentation inherent in (...) TM systems therefore creates an unnaturally strong focus on the sentence, which affects the very task of translation. Particular attention is given to the impact of the use of TM systems on the informants’ revision behaviour and their tendency to change the sentence structure. (shrink)