Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death by neurologic criteria, management of family objections before determination of death by neurologic criteria, and management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation (...) in clinical practice in order to ensure the integrity of brain death determination. To complement this effort, state policymakers must revise legislation on the use of neurologic criteria to declare death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act and the rationale for these recommendations. (shrink)

We present a framework for machine implementation of families of non-classical logics with Kripke-style semantics. We decompose a logic into two interacting parts, each a natural deduction system: a base logic of labelled formulae, and a theory of labels characterizing the properties of the Kripke models. By appropriate combinations we capture both partial and complete fragments of large families of non-classical logics such as modal, relevance, and intuitionistic logics. Our approach is modular and supports uniform proofs of soundness, completeness and (...) proof normalization. We have implemented our work in the Isabelle Logical Framework. (shrink)

This paper presents a critical comparative reading of Ulrich Beck and Herbert Marcuse. Beck's thesis on 'selfcritical society' and the concept of 'sub-politics' are evaluated within the framework of Marcusian critical theory. We argue for the continued relevance of Marcuse for the project of emancipatory politics. We recognise that a focus upon the imminent and spontaneous possibilities for radical social change within the 'sub-political' is a useful provocation to the high abstractionism of much critical theory, but suggest that such possibilities (...) are better captured in a Marcusian theoretical frame than they are in Beck's account. (shrink)

This paper presents a critical comparative reading of Ulrich Beck and Herbert Marcuse. Beck's thesis on ‘self-critical society’ and the concept of ‘sub-politics’ are evaluated within the framework of Marcusian critical theory. We argue for the continued relevance of Marcuse for the project of emancipatory politics. We recognise that a focus upon the imminent and spontaneous possibilities for radical social change within the ‘sub-political’ is a useful provocation to the high abstractionism of much critical theory, but suggest that such possibilities (...) are better captured in a Marcusian theoretical frame than they are in Beck's account. (shrink)

Science/Technoscience has moved to center stage in debates over change, power and justice in twenty-first century societies. This text provides a general framework for understanding, combining and applying the rich range of approaches that exist within sociology about science: in particular, the role (and limitations) of science in generating knowledge, and the relationship between scientific knowledge and social progress. Drawing on case studies such as the genetics and computing "revolutions," this is a clear, even-handed and comprehensive introduction to the field.

In previous work we gave an approach, based on labelled natural deduction, for formalizing proof systems for a large class of propositional modal logics that includes K, D, T, B, S4, S4.2, KD45, and S5. Here we extend this approach to quantified modal logics, providing formalizations for logics with varying, increasing, decreasing, or constant domains. The result is modular with respect to both properties of the accessibility relation in the Kripke frame and the way domains of individuals change between worlds. (...) Our approach has a modular metatheory too; soundness, completeness and normalization are proved uniformly for every logic in our class. Finally, our work leads to a simple implementation of a modal logic theorem prover in a standard logical framework. (shrink)

Beneath the stylized violence and thrilling car crashes, the Mad Max films consider universal questions about the nature of human life, order and anarchy, justice and moral responsibility, society and technology, and ultimately, human redemption. In Mad Max and Philosophy, a diverse team of political scientists, historians, and philosophers investigates the underlying themes of the blockbuster movie franchise, following Max as he attempts to rebuild himself and the world. -/- This book guides you through the barren wastelands of a post-apocalyptic (...) future as you explore ethics and politics in The Wasteland, the importance of costumes and music, humankind's relationship with nature, commerce, gender, religion, madness, and more. (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 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 policymakers and (...) practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.One expert's framing of the mission of public health may help improve understanding of the range of hazards for which to be legally prepared. These hazards include urgent realities — such as chronic disease, injury, disabilities, conventional communicable diseases, and an aging and obese population — and urgent threats, such as pandemic influenza, natural disasters, and terrorism. (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 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 policymakers and (...) practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.One expert's framing of the mission of public health may help improve understanding of the range of hazards for which to be legally prepared. These hazards include urgent realities — such as chronic disease, injury, disabilities, conventional communicable diseases, and an aging and obese population — and urgent threats, such as pandemic influenza, natural disasters, and terrorism. (shrink)

In anticipation of extraterritorial application of antiabortion laws, many states have enacted laws that attempt to shield abortion providers, helpers, and patients from civil, professional, or criminal liability associated with legal abortion care. This essay analyzes and compares the statutory schemes of the seven early adopting shield states: California, Connecticut, Delaware, Illinois, Massachusetts, New Jersey, and New York. After describing what the laws do and how they operate, we offer reflections on coming disputes, areas of legal uncertainty, and ways to (...) improve future shield laws. (shrink)

Patients and physicians often perceive the current health care system to be unfair, in part because of the ways in which coverage decisions appear to be made. To address this problem the Ethical Force Program, a collaborative effort to create quality improvement tools for ethics in health care, has developed five content areas specifying ethical criteria for fair health care benefits design and administration. Each content area includes concrete recommendations and measurable expectations for performance improvement, which can be used by (...) those organizations involved in the design and administration of health benefits packages, such as purchasers, health plans, benefits consultants, and practitioner groups. (shrink)

Individuals with autistic spectrum disorder (ASD) display diverse deficits in social, cognitive and behavioral functioning. To date, there has been mixed findings on the profile of executive function deficits for high-functioning adults (IQ >70) with ASD. A conceptual distinction is commonly made between “cold” and “hot” executive functions. Cold executive functions refer to mechanistic higher-order cognitive operations (e.g., working memory), whereas hot executive functions entail cognitive abilities supported by emotional awareness and social perception (e.g., social cognition). This study aimed to (...) determine the independence of deficits in hot and cold executive functions for high-functioning adults with ASD. Forty-two adults with ASD (64% male, aged 18-66 years) and 40 age and gender matched controls were administered The Awareness of Social Inference Test (TASIT; emotion recognition and social inference), Letter Number Sequencing (working memory) and Hayling Sentence Completion Test (response initiation and suppression). Between-group analyses identified that the ASD group performed significantly worse than matched controls on all measures of cold and hot executive functions (d =.54-1.5). Hierarchical multiple regression analyses revealed that the ASD sample performed more poorly on emotion recognition and social inference tasks than matched controls after controlling for cold executive functions and employment status. The findings also indicated that the ability to recognise emotions and make social inferences was supported by working memory and response initiation and suppression processes. Overall, this study supports the distinction between hot and cold executive function impairments for adults with ASD. Moreover, it advances understanding of higher-order impairments underlying social interaction difficulties for this population which, in turn, may assist with diagnosis and inform intervention programs. (shrink)

Some religiously devout individuals believe divine command can override an obligation to obey the law where the two are in conflict. At the extreme, some individuals believe that acts of violence that seek to change or punish a political community, or to prevent others from violating what they take to be God’s law, are morally justified. In the face of this apparent clash between religious and political commitments it might seem that modern versions of political morality—such as John Rawls’s political (...) liberalism—that refuse to take a stance on controversial religious matters, or eschew appeal to perfectionist doctrines, are beset by a particularly acute version of this problem of religious disobedience. Whilst political liberalism follows this path so as to generate wide and stable support, it raises the question of how political liberals should respond to religiously motivated non-compliance with the norms of that liberal conception of justice. This article evaluates what resources are available to political liberalism to respond to this challenge. It examines whether anti-perfectionism can be sustained in the face of those whose religious beliefs are in conflict with the law. We argue that, under certain circumstances, political liberalism requires direct engagement with the religious views of the unreasonable, including offering religious arguments to show that their particular interpretation of their faith is mistaken. This view takes political liberalism away from its usual ambitions, but it is a position that is both anticipated by Rawls and consistent with his view. It does, however, require that political liberals give up the claim that the view is a wholly non-sectarian, purely political view, and accept that, under certain circumstances it is a partially comprehensive version of liberal theory. (shrink)

Recently, there have been a number of lawsuits in the United States in which families objected to performance of apnoea testing for determination of brain death. The courts reached conflicting determinations in these cases. We discuss the medicolegal complications associated with apnoea testing that are highlighted by these cases and our position that the decision to perform apnoea testing should be made by clinicians, not families, judges, or juries.

This essay proposes a new theory of agentive modals: ability modals and their duals, compulsion modals. After criticizing existing approaches—the existential quantificational analysis, the universal quantificational analysis, and the conditional analysis—it presents a new account that builds on both the existential and conditional analyses. On this account, the act conditional analysis, a sentence like ‘John can swim across the river’ says that there is some practically available action that is such that if John tries to do it, he swims across (...) the river. The essay argues that the act conditional analysis avoids the problems faced by existing accounts of agentive modality and shows how the act conditional analysis can be extended to an account of generic agentive modal claims. The upshot is a new vantage point on the role of agentive modal ascriptions in practical discourse: ability ascriptions serve as a kind of hypothetical guarantee, and compulsion ascriptions as a kind of nonhypothetical guarantee. (shrink)

This study builds on prior research investigating the antecedents of firm supererogation. Examining vehicle recalls in the U.S. automobile industry from 1966 to 2010 reveals that surveillance-based government enforcement programs can have widespread industry effects on a specific type of supererogatory action, firm volunteerism. Specifically, increases in government surveillance are associated with firms going beyond what is legally required of them by initiating voluntary product recalls for defects not covered in existing government regulation. Such effects are shown to be unique (...) among surveillance efforts as other government enforcement activities, such as standards-based regulation, are revealed to have a negative association with firm supererogation. (shrink)

ABSTRACTThis paper situates the discourse of the Occupy movement within the context of radical political philosophy. Our analysis takes place on two levels. First, we conduct an empirical analysis of the ‘official’ publications of Occupy Wall Street and Occupy London. Operationalising core concepts from the framing perspective within social movement theory, we provide a descriptive-comparative analysis of the ‘collective action frames’ of OWS and OL. Second, we consider the extent to which radical political philosophy speaks to the discourse of Occupy. (...) Our empirical analysis reveals that both movements share diagnostic frames, but there were notable differences in terms of prognostic framing. The philosophical discussion suggests that there are alignments between anarchist, post-anarchist and post-Marxist ideologies at the level of both identity and strategy. Indeed, the absence of totalising anti-capitalist or anti-statist positions in Occupy suggests that – particularly with Occupy London – alignments are perhaps not so distant from typically social democratic demands. (shrink)

Stawarczyk, Bezdek, and Zacks offer neuroscience evidence for a midline default network core, which appears to coordinate internal, top‐down mentation with externally‐triggered, bottom‐up attention in a push‐pull relationship. The network may enable the flexible pursuance of thoughts tuned into or detached from the current environment.

In 1982, without waiting for the findings of the National Hospice Study, Congress passed legislation enabling certified hospices to receive Medicare reimbursement. What emerged is a reimbursement program that differs substantially from the movement that spawned it. Hospices now face many dilemmas, among them shifting the burden of care to the family, determining who controls the course of patient care, and breaking even financially.

Since the 1960s, scientists, engineers, and healthcare professionals have developed brain–computer interface (BCI) technologies, connecting the user’s brain activity to communication or motor devices. This new technology has also captured the imagination of publics, industry, and ethicists. Academic ethics has highlighted the ethical challenges of BCIs, although these conclusions often rely on speculative or conceptual methods rather than empirical evidence or public engagement. From a social science or empirical ethics perspective, this tendency could be considered problematic and even technocratic because (...) of its disconnect from publics. In response, our trinational survey (Germany, Canada, and Spain) reports public attitudes toward BCIs (N = 1,403) on ethical issues that were carefully derived from academic ethics literature. The results show moderately high levels of concern toward agent-related issues (e.g., changing the user’s self) and consequence-related issues (e.g., new forms of hacking). Both facets of concern were higher among respondents who reported as female or as religious, while education, age, own and peer disability, and country of residence were associated with either agent-related or consequence-related concerns. These findings provide a first look at BCI attitudes across three national contexts, suggesting that the language and content of academic BCI ethics may resonate with some publics and their values. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Painting Outside the Lines: Patterns of Creativity in Modern ArtMatthew ZiffPainting Outside the Lines: Patterns of Creativity in Modern Art, by David W. Galenson. Cambridge: Harvard University Press, 2001, 272 pp., $29.95.The relationship between the market value of paintings and the chronological point in an artist's working life when the paintings were produced is the driving mechanism for exploring creativity and innovation in David W. Galenson's (...) book "Painting Outside the Lines: Patterns of Creativity in Modern Art. The working thesis of this book is that Modern artists have worked creatively and innovatively in one of two distinctly different manners. The terminology Galenson uses to describe these distinct ways of working are "finders" and "seekers." Finders are artists like Pablo Picasso, who at age 26, make startling and important innovations with little advance indication that such a burst is about to take place. Seekers are artists like Paul Cezanne, whospend their entire working lives engaged in the pursuit of a singular approach or achievement. The differences between these methodologies are carefully presented through the details of the working lives of a variety of Modern artists. French nineteenth century and early twentieth-century artists and mid-twentieth-century American artists are used as the source data for these comparisons.Early in the book Galenson presents lists of chronological events within the lives of artists and market valuation of their work within this chronology. The dramatic clarity of the relationships presented in this data sets the stage for the detailed information that follows. Factors that in some cases only partly, and in others nearly completely, explain an artist's way of working are offered through biographic information, information about the aesthetic and cultural milieu, and about the economic and educational structures that are predominant during the relevant time in the life of the artist.The relationship between the aesthetic and cultural milieu surrounding an artist and the capacity or inclination of an artist to be innovative is an important aspect of the book's analysis. The scope of the book is limited to Modern artists because of the shift that took place at the outset of Modern art, during the mid 1860s, that brought a strong emphasis on innovation and change for their own sake as an important characteristic within a work of art. This emphasis "created incentives for painters to produce new approaches to art" (p. 111). Prior to the time of Modern art, innovation and change were often unnecessary for an artist to be successful. Modern art introduced the demand that innovation and change be necessary ingredients in art, and therefore the search for innovation became a significant element within the work of many artists. The manner in which this search took place, as presented through the data at hand, reveals how individual artists viewed the need for innovation and change within their own [End Page 123] work. Paul Cezanne, for example, was aware of the impact that his painting was having on the art world, but he insisted that he was not yet finished with discoveries that would reveal the truest expression of his beliefs about aesthetic expression.In the American movement, "Abstract Expressionism," Galenson finds a useful counter example to the art scene in Paris. In the United States, especially during the 1940s and 1950s — the peak years of creative output by Abstract Expressionist artists — the demand for their work was quite low. There were few economically viable outlets for the work of de Kooning, Pollack, Rothko, and the others of this group. Consequently there is a shift in the chronological point at which these artists achieve market value success. Nearly all of these artists receivedrecognition at an older age than the French artists of the late nineteenth and early twentieth centuries.The thesis of the book, that there are two fundamentally different ways of working to produce works of art, is directly applicable to, and useful in, exploring issues of teaching and learning in design education. As a teacher of interior architecture I was interested to follow the details that Galenson presented in support of his analysis of the careers of numerous Modern artists. The methodological differences between seeking and... (shrink)

Patients and physicians often perceive the current health care system to be unfair, in part because of the ways in which coverage decisions appear to be made. To address this problem the Ethical Force Program, a collaborative effort to create quality improvement tools for ethics in health care, has developed five content areas specifying ethical criteria for fair health care benefits design and administration. Each content area includes concrete recommendations and measurable expectations for performance improvement, which can be used by (...) those organizations involved in the design and administration of health benefits packages, such as purchasers, health plans, benefits consultants, and practitioner groups. (shrink)

Regulating clinical trials for testing new drugs is fraught with risk. Misregulation can slow development of innovative and useful new drugs, but in other ways misregulation can foster trials that are inefficient and unethical, driven by commercial rather than scientific ends, and that can harm patients. In this paper, we argue not for more but for better regulation, based on the goal of rapidly producing innovative and safe products that represent significant advances in medical care. Data on industry-funded, late-stage clinical (...) trials demonstrate an urgent need for dramatic changes in how these trials are designed, conducted, and analyzed. On the one hand, current patent rules can dissuade development of innovative new products with smaller markets and press trial designers to create positive results too rapidly. But at the same time, numerous studies show that when the pharmaceutical industry sponsors clinical trials, the results are systematically biased in favor of the sponsor's product, often to the detriment of patients and the public. The reasons for this bias are both complex and unavoidable, and the ways in which clinical trial design, conduct, and reporting can be inappropriately influenced are so varied and nuanced, that efforts to manage this conflict of interest and prevent harms are inevitably unsuccessful. Instead, we conclude such conflict should be avoided and a strong firewall should exist between drug developers and the final stages of clinical testing in humans. All financial support for phase III clinical trials should pass through a public-private partnership organization — perhaps tied to a broader clinical effectiveness research enterprise — which would be charged with designing, funding, and monitoring late-stage human clinical trials of new pharmaceutical products. (shrink)

There is an old saw in health policy that everyone wants health care that is good, fast, and cheap — but it’s impossible to have more than two of these at one time.A similar bit of folk wisdom seems intuitively true for the development and testing of new pharmaceutical products. The public is in a bind. We want breakthrough drugs, and fast. But we also want these drugs to be affordable, thoroughly tested, safe, and effective. It seems we can’t have (...) it all.In this paper, we will not claim that one can have it all — but that we can do far better than we are at present. First, we review extensive data on contemporary problems in the design, conduct, and analysis of industry-sponsored clinical trials. Finding major issues that have been solidly documented over more than a decade, we provide many examples of the multifarious ways in which industry-funded trials have been manipulated to raise the likelihood of producing industry-friendly results. (shrink)

abstract In this paper, we examine issues raised by the possibility of regulating emotions through pharmacological means. We argue that emotions induced through these means can be authentic phenomenologically, and that the manner of inducing them need not make them any less our own than emotions arising 'naturally'. We recognize that in taking drugs to induce emotions, one may lose opportunities for self-knowledge; act narcissistically; or treat oneself as a mere means. But we propose that there are circumstances in which (...) none of these concerns arise. Finally, we consider how the possibility of drug-regulation might affect duties to feel emotions. (shrink)

Each of these two volumes grew out of what was originially intended to be a single chapter in a larger study of seventeenth-century liberalism. Although there is a strong degree of stylistic and methodological continuity between the two, neither book presupposes any familiarity with the other. I will therefore consider them separately.