_Probability: A Philosophical Introduction_ introduces and explains the principal concepts and applications of probability. It is intended for philosophers and others who want to understand probability as we all apply it in our working and everyday lives. The book is not a course in mathematical probability, of which it uses only the simplest results, and avoids all needless technicality. The role of probability in modern theories of knowledge, inference, induction, causation, laws of nature, action and decision-making makes an understanding of (...) it especially important to philosophers and students of philosophy, to whom this book will be invaluable both as a textbook and a work of reference. In this book D. H. Mellor discusses the three basic kinds of probability – physical, epistemic, and subjective – and introduces and assesses the main theories and interpretations of them. The topics and concepts covered include: * chance * frequency * possibility * propensity * credence * confirmation * Bayesianism. _Probability: A Philosophical Introduction_ is essential reading for all philosophy students and others who encounter or need to apply ideas of probability. (shrink)

This selection of D. H. Mellor's work demonstrates the wide ranging originality of his work. It gathers together sixteen major papers on related topics. Together they form a complete modern metaphysics. The first five papers are on aspects of the mind: on our 'selves', their supposed subjectivity and how we refer to them, on the nature of conscious belief and on computational and physicalist theories of the mind. The next five papers deal with dispositions, natural kinds, laws of nature and (...) how they involve natural necessity, universals and objective chances, and the relation between properties and predicates. Then follow three papers about the relations between time, change and causation, the nature of individual causes and effects and of the causal relation between them, and how causation depends on chance. The last three papers discuss the relation between chance and degrees of belief, give a solution to the problem of induction, and argue for an objective interpretation of decision theory. (shrink)

The paper develops a unified account of both deterministic and indeterministic laws of nature which inherits the merits but not the defects of the best existing accounts. As in Armstrong's account, laws are embodied in facts about universals; but not in higher‐order relations between them, and the necessity of laws is not primitive but results from their containing chances of 0 or 1. As in the Ramsey‐Lewis account, law statements would be the general axioms and theorems of the simplest deductive (...) theory of everything; but because laws are not so defined, simplicity of statement is not a criterion of law‐hood. (shrink)

The view is advocated that to preserve a deductivist account of science against recent criticism, it is necessary to incorporate experimental error, or imprecision, in the deductive structure. The sources of imprecision in empirical variables are analyzed, and the notion of conceptual imprecision introduced and illustrated. This is then used to clarify the notion of the acceptable range of a functional law. It is further shown that imprecision may be ascribed to parameters in laws and theories without rendering the deductive (...) structure untestable. It is claimed that this analysis explicates the relation between laws and theories in a way that invalidates certain arguments against its deductive nature. (shrink)

In 2003, a photograph taken by Richard Prince, Untitled (Cowboy) , sold at auction for $332,300. Some might be surprised that a photograph could garner such a sum, but, in this case at least, none more so than Jim Krantz. Krantz might be allowed a certain level of incredulity, for Prince's photograph was a photograph of another photograph, this one taken by Krantz himself. As far as copyright is concerned, Krantz's photograph and Prince's are the same work, and so Krantz (...) is almost certainly infringing on Prince. Copyright protects ‘authored works’, and not art works per se . And unfortunately, while copyright law assumes some metaphysical basis to its objects, this basis tends to go largely uninvestigated. In this paper, I work to develop a comprehensive, coherent, and consistent account of the ontology of authored works suitable for the purposes of copyright law. (shrink)

In larger animals a considerable part of the total body mass (e.g. body water, dissolved substances, mineral and organic deposits) does not consume significant amounts of oxygen. These materials can be considered to form a metabolically inert infrastructure which mainly serves three functions: (1) structural support to the organism, (2) storage of nutrients (building material and energy stores) and (3) transport and distribution of these materials. Considering the transport and support function of the metabolically inert structures and their interconnections it (...) is likely that the infrastructure will basically show some tree-like, branching building plan. The weight of the metabolically inert infrastructure of an organism, can be given by bW/(c+W), in which W=body weight, b and c are constants. With increasing size the weight of the metabolic inert infrastructure increases disproportionably. Experimental data concerning basic metabolic rate (M) in relation to body weight (W) better fit the equation M=a W(1-bW)/(c+W), (a=constant) than the conventional power law. (shrink)

For years, the collection of DNA samples from individuals arrested for criminal misconduct has been advocated by police officials and endorsed by politicians. Louisiana, Virginia, California, and South Dakota have adopted laws to add DNA profiles derived from these samples to their DNA databases. Texas provides for DNA to be taken after indictment but before conviction. Although the U.S. Department of Justice initially shied away from the issue, the DNA Fingerprint Act of 20055 authorizes the collection of DNA from individuals (...) arrested for violations of certain federal criminal laws, and the inclusion in the national DNA database of all profiles from states that type DNA prior to conviction.But are these laws constitutional? In an article in a previous issue of this journal, and reprinted in this issue, Professor Tracey Maclin concludes that fidelity to precedent should lead the Supreme Court to strike down the Louisiana and Virginia laws as violations of the Fourth Amendment. (shrink)

Several commentators have argued that the police practice of taking DNA samples during custodial arrests is an unconstitutional search and seizure. This article proposes a “biometric identification exception” to the warrant and probable-cause requirements of the Fourth Amendment that would encompass certain systems of DNA sampling on arrest.

Among the very many questions we might wish to ask of any particular science, two of them concern the nature of the objects of the science and the character of the laws which describe the behaviour of those objects. What I wish to do is to raise those two questions about historical materialism. That is, I want to ask what it is that one studies in Capital for example, and in what ways of behaving does the nomic or lawlike behaviour (...) of those objects consist. Both are ontological questions of a sort, and, in particular, questions about what I call social ontology, although it is usual to restrict the term ‘ontological’ to the former question alone. The first question asks about the objects to whose existence historical materialism is committed; the second asks about the characteristic ways of behaving of those objects. (shrink)

Among the very many questions we might wish to ask of any particular science, two of them concern the nature of the objects of the science and the character of the laws which describe the behaviour of those objects. What I wish to do is to raise those two questions about historical materialism. That is, I want to ask what it is that one studies in Capital for example, and in what ways of behaving does the nomic or lawlike behaviour (...) of those objects consist. Both are ontological questions of a sort, and, in particular, questions about what I call social ontology, although it is usual to restrict the term ‘ontological’ to the former question alone. The first question asks about the objects to whose existence historical materialism is committed; the second asks about the characteristic ways of behaving of those objects. (shrink)

On the rights of husband and wife according to Islamic teachings.

Haack, S. Is truth flat or bumpy?--Chihara, C. S. Ramsey 's theory of types.--Loar, B. Ramsey 's theory of belief and truth.--Skorupski, J. Ramsey on Belief.--Hookway, C. Inference, partial belief, and psychological laws.--Skyrms, B. Higher order degrees of belief.--Mellor, D. H. Consciousness and degrees of belief.--Blackburn, S. Opinions and chances.--Grandy, R. E. Ramsey, reliability, and knowledge.--Cohen, L. J. The problem of natural laws.--Giedymin, J. Hamilton's method in geometrical optics and Ramsey 's view of theories.

The basic concepts appropriate for anS matrix theory for classical nonlinear physics are formulated here. These concepts are illustrated by a discussion of shock wave diffraction patterns. Other information concerning solutions of non-linear conservation laws is surveyed, so that a coherent picture of this theory can be seen. Within thisS matrix framework, a number of open problems as well as a few solved ones will be discussed.

Of laws in general -- Of laws directly derived from the nature of government -- Of the principles of the three kinds of government -- That the laws of education ought to be relative to the principles of government -- That the laws given by the legislator ought to be relative to the nature of government -- Consquences of the principles of different governments, with respect to the simplicity of civil and criminal laws, the form of judgements, and inflicting of (...) punishments -- Consquences of the different principles of the three governments, with respect to sumptuary laws, luxury, and the condition of women -- Of the corruption of the principles of the three governments -- Of the laws in the relation they bear to defensive force -- Of laws, in the relation they bear to offensive force. (shrink)

The development of transplantation technology increasingly places before society a multitude of diverse, complex ethical and legal problems. The subject is the more complex because of the various divergent interests involved. There are the interests of the donor of organs, who has a right to protection of his legal position, and those of the patient in need of an often lifesaving organ. There are also the interests of the donor’s relatives, after his death, and those of the transplantation surgeons. The (...) international dimension of transplantation technology makes the picture even more complicated. Though this article is devoted to the European situation, the problems are similar all over the world. (shrink)

This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us (...) to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic. (shrink)

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

A laboratory-testable, solid-state Maxwell demon is proposed that utilizes the electric field energy of an open-gap p-n junction. Numerical results from a commercial semiconductor device simulator (Silvaco International–Atlas) verify primary results from a 1-D analytic model. Present day fabrication techniques appear adequate for laboratory tests of principle.

The article is a discussion of plato and aristotle's conceptions of the good and greek ethics in general. The author compares this view with our own. He points out that "our freedom is also conformity to law" and moral evil is "guilt" for violating the law, whereas the greeks saw it as an imperfection or shortcoming of the individual to live up to his or her potential for good. The author concludes that if we "think of moral wickedness as violation (...) of a law or imperative, we must not content ourselves with the freedom which matters most on a greek view of ethics." (staff). (shrink)

On 9 August 1994 the German legislature revised the German Drug Law (AMG). Included in the revision is a passage requiring, for the first time, that the sponsors and investigators of clinical studies involving human subjects first obtain the approval of an ethics committee before carrying out such studies. According to the legislation, which takes effect on 17 August 1995, approval is to come from 'an independent ethics committee, set up and administered according to state law [emphasis added]' (1). Although (...) it is clear according to the text that the 16 federal states have been empowered to establish ethics committees within their jurisdictions, this does not mean that the state governments are free to transfer exclusive authority in the matter to their respective medical associations, a step that would effectively abolish Germany's private ethics committees. First, the legislation does not rule out the authorization of private ethics committees. Second, as legal scholars attest, the exclusive control of ethics committees by the medical associations would constitute an illegal monopoly. Third, it is arguable that medical-association ethics committees fail to meet the one prior federal requirement, that of independence. There is a great deal of confusion in Germany today about which kinds of ethics committees (public and/or private) the states will sanction before 17 August 1995. In an attempt to sort things out we present a brief explanation of how ther came to be two kinds of ethics committees in Germany, review the legal battle between the two over the issue of authorization, point out how the German legislature, in passing the recent bill, has missed an opportunity to clarify the issue and, finally suggest why the administration of ethics committees by the medical associations may be incompatible with the requirement that ethics committees be independent. (shrink)

This brief tour of American law has demonstrated a little of the breadth and currency of legal liability actions which affect nursing. As health care changes and nursing roles change with it, so too will the nature of liability in this area. The American penchant for litigation is such that the chances of disentangling nurses from the continued onslaught of negligence litigation seem remote.

The development of transplantation technology increasingly places before society a multitude of diverse, complex ethical and legal problems. The subject is the more complex because of the various divergent interests involved. There are the interests of the donor of organs, who has a right to protection of his legal position, and those of the patient in need of an often lifesaving organ. There are also the interests of the donor’s relatives, after his death, and those of the transplantation surgeons. The (...) international dimension of transplantation technology makes the picture even more complicated. Though this article is devoted to the European situation, the problems are similar all over the world. (shrink)

Criminal jurisdiction; international criminal courts.

Leadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence fills a unique gap in the knowledge base - the juncture between leadership, ethics, law, and how public institutions/organizations understand and practice the essence of all three. Authors from law enforcement, corrections education, and educational leadership present different yet overlapping constructs around ethics and law, and make an important step towards reconciling these differing views to demonstrate the significance of collaboration and partnerships for a common purpose.

In an article somewhat ironically entitled “Disambiguating Clinical Intentions,” Lynn Jansen promotes an idea that should be bewildering to anyone familiar with the literature on the intention/foresight distinction. According to Jansen, “intention” has two commonsense meanings, one of which is equivalent to “foresight.” Consequently, questions about intention are “infected” with ambiguity—people cannot tell what they mean and do not know how to answer them. This hypothesis is unsupported by evidence, but Jansen states it as if it were accepted fact. In (...) this reply, we make explicit the multiple misrepresentations she has employed to make her hypothesis seem plausible. We also point out the ways in which it defies common sense. In particular, Jansen applies her thesis only to recent empirical research on the intentions of doctors, totally ignoring the widespread confusion that her assertion would imply in everyday life, in law, and indeed in religious and philosophical writings concerning the intention/foresight distinction and the Principle of Double Effect. (shrink)

The U.S. Food and Drug Administration's rationale for supporting the development and approval of BiDil for heart failure specifically in black patients was based on under-powered, post hoc subgroup analyses of two relatively old trials , which were further complicated by substantial covariate imbalances between racial groups. Indeed, the only statistically significant difference observed between black and white patients was found without any adjustment for potential confounders in samples that were unlikely to have been adequately randomized. Meanwhile, because the accepted (...) baseline therapy for heart failure has substantially improved since these trials took place, their results cannot be combined with data from the more recent trial amongst black patients alone. There is therefore little scientific evidence to support the approval of BiDil only for use in black patients, and the FDA's rationale fails to consider the ethical consequences of recognizing racial categories as valid markers of innate biological difference, and permitting the development of group-specific therapies that are subject to commercial incentives rather than scientific evidence or therapeutic imperatives. This paper reviews the limitations in the scientific evidence used to support the approval of BiDil only for use in black patients; calls for further analysis of the V-HeFT I and II data which might clarify whether responses to H-I vary by race; and evaluates the consequences of commercial incentives to develop racialized medicines. We recommend that the FDA revise the procedures they use to examine applications for race-based therapies to ensure that these are based on robust scientific claims and do not undermine the aims of the 1992 Revitalization Act. (shrink)

This volume, included in the recently established Library of Philosophy and Religion, devotes its primary attention to recent discussion within analytic philosophy concerning the challenge which determinism offers to the concept of freedom and, thereby, to Christian theism. Although the author does not argue that determinism has been established, he does conclude that it is an empirical proposal and may well represent the situation. He is prepared to fall back upon a libertarianism if necessary, but considers determinism at face value (...) in order to confront the most serious opposition to his proposed compatibilism. There may be a sufficient condition for all acts, which would be, thereby, a determinism. Young’s problem is to establish a compatibilism so that even if a sufficient condition for all acts does hold, man is still free and responsible, and a Christian theism could be preserved. He proceeds to analyze four types of sufficient condition: 1) some laws of logic are sufficient for all outcomes; 2) antecedent causal conditions account for all outcomes; 3) God’s infallible knowledge and His eternal nature are the sufficient conditions for whatever happens; 4) an omnipotent deity is the sufficient condition of all outcomes. Young then attempts to establish that a doctrine of freedom and responsibility is compatible with each of these conditions and, thereby, Christian theism is, to that extent, secured. He offers a very careful analysis of each alternative, considering the strongest claims of recent analysts, and still finds a doctrine of responsible freedom viable, analysed in terms of ability and power to act. In the course of his analysis he gives more attention than the skeptic usually offers to the content of the skeptic’s world, and what would be involved in its analysis of freedom, action, responsibility, and evil. The skeptic’s world offers more theoretical problems than the skeptic’s neglect of his own positive position and his confining of analysis to a critical role has usually acknowledged. Although one might not have expected it to arise in such quarters, it is now well established that analytic philosophy offers a well developed and complex elaboration of natural theology and philosophy of religion, and in the revival of natural theology in analytic circles this book deserves careful attention.—H.A.D. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

Medicine; religious aspects; laws and legislations.

This article presents the new German law on advance directives from 1 September 2009. The history of the parliamentary process of this law is described, the present regulations are explained, their relevance for medical practice discussed and shortcomings are identified. Finally, the new law is compared with other regulations in the international context. Previously established legal practice in Germany has now become largely confirmed by the new law: An advanced directive must be respected in any decision concerning medical treatment, regardless (...) of the stage of the illness. It can be informally revoked at any time, even with limited decision-making capacity. Nobody may be obliged to issue a directive in any way. Advance directives do not need notarisation or routine updating after certain time intervals. Provided that the patient, who is no longer mentally competent, has issued a lasting power of attorney, or provided that the patient has been appointed a healthcare proxy by the courts, this authorised surrogate must assert the patient's will. The role of the guardianship court is clarified: it only needs to be involved in cases of disagreement as to the patient's will. The new German law thus combines more legal certainty with a liberal emphasis on patient autonomy and flexible, adaptable regulations. (shrink)

Biomarkers can be powerful tools to guide diagnosis, treatment, and research. However, prudent use of biomarkers requires formal validation efforts. Although the data needed for biomarker validation has traditionally been hard to access, new research initiatives can ease this process.

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)