Name der Zeitschrift: Klio Jahrgang: 100 Heft: 2 Seiten: 575-580.

In September 2009, the First Circuit Court of Appeals decided Blue Cross & Blue Shield v. AstraZeneca Pharmaceuticals LP, part of the class action suit known as In re Pharmaceutical Industry Average Wholesale Price Litigation. The First Circuit upheld a Massachusetts District Court finding that AstraZeneca violated Massachusetts’ consumer protection laws by manipulating the “average wholesale price” of its physician-administered injectable cancer drug Zoladex, leading to overpayment by the government, third-party payers, and consumers. This case, which highlights the persistent tension (...) between pharmaceutical pricing flexibility and consumer protection, has important implications for similar pending class actions.Between 1991 and 2003, Medicare, as well as many private insurance companies, pegged reimbursement for certain pharmaceutical products to a national “average wholesale price” for each drug. Although the amended 1991 Medicare Part B regulations3 that introduced the term “average wholesale price” failed to define it explicitly, there is some indication in the legislative history that AWP was intended to refer to the prices that physicians and pharmacists actually pay to the drug manufacturers. (shrink)

In September 2009, the First Circuit Court of Appeals decided Blue Cross & Blue Shield v. AstraZeneca Pharmaceuticals LP, part of the class action suit known as In re Pharmaceutical Industry Average Wholesale Price Litigation. The First Circuit upheld a Massachusetts District Court finding that AstraZeneca violated Massachusetts’ consumer protection laws by manipulating the “average wholesale price” of its physician-administered injectable cancer drug Zoladex, leading to overpayment by the government, third-party payers, and consumers. This case, which highlights the persistent tension (...) between pharmaceutical pricing flexibility and consumer protection, has important implications for similar pending class actions.Between 1991 and 2003, Medicare, as well as many private insurance companies, pegged reimbursement for certain pharmaceutical products to a national “average wholesale price” for each drug. Although the amended 1991 Medicare Part B regulations3 that introduced the term “average wholesale price” failed to define it explicitly, there is some indication in the legislative history that AWP was intended to refer to the prices that physicians and pharmacists actually pay to the drug manufacturers. (shrink)

In Clark’s thoughtful analysis of the evolution of the two facets of pride, he suggests that the concurrent existence of hubristic and authentic pride in humans represents a “persistence problem,” wherein the vestigial trait (hubristic pride) continues to exist alongside the derived trait (authentic pride). In our view, evidence for the two facets does not pose a persistence problem; rather, hubristic and authentic pride both likely evolved as higher-order cognitive emotions that solve uniquely human—but distinct— evolutionary problems. Instead of (...) being conceptualized as serial homologues, with one the vestigial form of the other, we argue that hubristic and authentic pride are both derived homologues of a vestigial proto-pride emotion that existed in our shared ancestry with other primates. (shrink)

From the Disney 'Teacher of the Year' and New York Times bestselling author comes a road map to enrich students' learning experiences, revised and updated for today's teachers and parents. After publishing the New York Times bestseller The Essential 55 (over 1 million copies sold), award-winning teacher Ron Clark took his rules on the road and traveled to schools and districts in 50 states. He met amazing teachers, administrators, students, parents, and all kinds of people involved in bringing up (...) great kids. These are the eleven qualities he describes in The Excellent 11: Enthusiasm, Adventure, Creativity, Reflection, Balance, Compassion, Confidence, Humor, Common Sense, Appreciation, and Resilience. Ron has filled this book with hundreds of suggestions, stories, and wonderfully funny anecdotes. You'll be smiling as you read--and finding the inspiration to change lives, one student at a time"--Back cover. (shrink)

RésuméL'ouvrage de Sophia Moreau, Faces of Inequality, adopte une méthodologie philosophique provocatrice. Moreau puise dans les expériences des victimes de discrimination et à même les contours fondamentaux du droit à la non-discrimination afin d’élaborer sa théorie de la discrimination répréhensible. Cependant, si nous prenons au sérieux les enseignements des études féministes et critiques de la « race », une tension émerge au sein de la dyade méthodologique de Moreau : si les lois contre la discrimination sont souvent elles-mêmes source d'hostilité (...) et d'invalidation pour les victimes de discrimination, comment ces expériences et ces lois peuvent-elles toutes deux faire autorité pour déterminer la nature de la discrimination répréhensible? Cet article explore cette tension à l’œuvre dans Faces of Inequality à la lumière de la théorie de la « conscience multiple » de Mari Matsuda. (shrink)

The World Health Organisation declared COVID-19 a global pandemic on 11th March 2020, recognising that the underlying SARS-CoV-2 has caused the greatest global crisis since World War II. In this chapter, we present a framework to evaluate whether and to what extent the use of digital systems that track and/or trace potentially infected individuals is not only legal but also ethical.

In his précis of a recent book, Richard Joyce writes, “My contention…is that…any epistemological benefit-of-the-doubt that might have been extended to moral beliefs…will be neutralized by the availability of an empirically confirmed moral genealogy that nowhere…presupposes their truth.” Such reasoning – falling under the heading “Genealogical Debunking Arguments” – is now commonplace. But how might “the availability of an empirically confirmed moral genealogy that nowhere… presupposes” the truth of our moral beliefs “neutralize” whatever “epistemological benefit-of-the-doubt that might have been extended (...) to” them? In this article, I argue that there appears to be no satisfactory answer to this question. The problem is quite general, applying to all arguments with the structure of Genealogical Debunking Arguments aimed at realism about a domain meeting two conditions. The Benacerraf-Field Challenge for mathematical realism affords an important special case. (shrink)

Drawing on recent work in formal pragmatic theory, this paper shows that the manipulation of discourse structure—in particular, by way of shifting the Question Under Discussion mid-discourse—can constitute an act of epistemic injustice. I argue that the “All Lives Matter” response to the “Black Lives Matter” slogan is one such case; this response shifts the Question Under Discussion governing the overarching discourse from Do Black lives matter? to Which lives matter? This manipulation of the discourse structure systematically obscures the intended (...) meaning of “Black lives matter” and disincentivizes future utterances of it. (shrink)

Assertion is a fundamental feature of language. This volume will be the place to look for anyone interested in current work on the topic.

O povo Kaingang é o mais populoso do Sul do Brasil e está entre os mais numerosos povos indígenas do país. Neste trabalho faz-se uma relação entre as informações encontradas na literatura e a atualidade na Terra Indígena Kaingang em relação ao conhecimento que possuem sobre o uso de plantas para a cura de doenças e como interpretam a ação da erva no organismo. Para isto, realizou-se uma pesquisa de campo em uma Terra Indígena Kaingang no Paraná, cujo entrevistas forneceram (...) confirmações históricas em relação aos etnoconhecimentos da etnia, da evolução dos aspectos químicos e das atitudes perante a química e os remédios de origem farmacêutica e natural. (shrink)

Introduction : reading Nietzsche skeptically -- Nietzsche and the Pyrrhonian tradition -- Skepticism in Nietzsche's early work : the case of "on truth and lie" -- The question of Nietzsche's "naturalism" -- Perspectivism and Ephexis in interpretation -- Skepticism and health -- Skepticism as immoralism.

Shadow of the Other is a discussion of how the individual has two sorts of relationships with an "other"--other individuals. The first regards the other as a s work apart is her brilliant utilization of a systematic dialectical approach to her subject, always maintaining the delicate balance between opposing tensions: masculinity and femininity, subjectivity and objectivity, passivity and activity, love and aggression, fantasy and reality, modernism and postmodernism, the intrapsychic and the intersubjective. Benjamin s work apart is her brilliant utilization (...) of a systematic dialectical approach to her subject, always maintaining the delicate balance between opposing other as a mental repository fo unwanted characteristics cast from the self. Jessica benjamin shows the implications of this dual relationship for male/female hierarchy and offers a possibility for balancing the two. This book continues the author's well-known explorations of the themes of intersubjectivity and gender, taking up issues at the forefront of contemporary debates in feminist theory and psychoanalysis. (shrink)

When I see a tree through my window, that particular worldly tree is said to be ‘in’, ‘on’, or ‘before’ my mind. My ordinary visual link to it is ‘intentional’. How similar to this link are the links between me and particular worldly trees when I see them in photographs, or in paintings? Are they, in some important sense, links of the same kind? Or are they links of importantly different kinds? Or, as a third possibility, are they at once (...) links of the same important kind and also links of importantly different sub-kinds within that kind? This paper takes up these taxonomical questions. After fleshing out (a bit) the characterisation of these different subject-object links, I explain and expand upon an approach to answering the taxonomical questions originally set out by Kendall Walton. I then follow this approach a certain distance, connecting it with the question of how to mark the boundary between perception and cognition. My investigations support the conclusion that the three types of links just described are not importantly different in kind. (shrink)

A persuasive monograph that answers the keyepistemological arguments against anti-individualism in thephilosophy of mind.

How should physical entities be characterized? Physicalists, who have most to do with the notion, usually characterize the physical by reference to two components: 1. The physical entities are the entities treated by fundamental physics with the proviso that 2. Physical entities are not fundamentally mental (that is, do not individually possess or bestow mentality) Here I explore the extent to which the appeals to fundamental physics and to the NFM (“no fundamental mentality”) constraint are appropriate for characterizing the physical, (...) especially for purposes of formulating physicalism. Ultimately, I motivate and defend a version of an account incorporating both components: The physics-based NFM account: An entity existing at a world w is physical iff (i) it is treated, approximately accurately, by current or future (in the limit of inquiry, ideal) versions of fundamental physics at w, and (ii) it is not fundamentally mental (that is, does not individually either possess or bestow mentality). (shrink)

It is widely agreed that the intelligibility of modal metaphysics has been vindicated. Quine's arguments to the contrary supposedly confused analyticity with metaphysical necessity, and rigid with non-rigid designators.2 But even if modal metaphysics is intelligible, it could be misconceived. It could be that metaphysical necessity is not absolute necessity – the strictest real notion of necessity – and that no proposition of traditional metaphysical interest is necessary in every real sense. If there were nothing otherwise “uniquely metaphysically significant” about (...) metaphysical necessity, then paradigmatic metaphysical necessities would be necessary in one sense of “necessary”, not necessary in another, and that would be it. The question of whether they were necessary simpliciter would be like the question of whether the Parallel Postulate is true simpliciter – understood as a pure mathematical conjecture, rather than as a hypothesis about physical spacetime. In a sense, the latter question has no objective answer. In this article, I argue that paradigmatic questions of modal metaphysics are like the Parallel Postulate question. I then discuss the deflationary ramifications of this argument. I conclude with an alternative conception of the space of possibility. According to this conception, there is no objective boundary between possibility and impossibility. Along the way, I sketch an analogy between modal metaphysics and set theory. (shrink)

Knowledge ascriptions are a central topic of research in both philosophy and science. In this collection of new essays on knowledge ascriptions, world class philosophers offer novel approaches to this long standing topic.

Research groups around the world are currently busy trying to invent new life in the laboratory, looking for extraterrestrial life, or making machines increasingly more life-like. In the case of astrobiology, any newly discovered life would likely be very old, but when discovered it would be new to us. In the case of synthetic organic life or life-like machines, humans will have invented life that did not exist before. Together, these endeavors amount to what we call the emerging plurality of (...) lives because we see a future where we are surrounded by, and interact with, life of many different origins, as well as entities that we have not traditionally seen as being alive. In the future these entities will likely possess properties that we so far have only associated with living beings, thereby transcending and perhaps blurring the borders between life and non-life. (shrink)

This paper examines three views of what an omission or an instance of refraining is. The view advanced is that in many cases, an omission is simply an absence of an action of some type. However, generally one’s not doing a certain thing counts as an omission only if there is some norm, standard, or ideal that calls for one’s doing that thing.

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

Imogen Dickie's book Fixing Reference promises to reframe the investigation of mental intentionality, or what makes thoughts be about particular things. Dickie focuses on beliefs, and argues that if we can show how our ordinary means of belief formation sustain a certain connection between what our beliefs are about and how they are justified, we will have explained the ability of these ordinary means of belief formation to generate beliefs that are about particular objects. A worry about Dickie's approach is (...) that the explanation it offers is circular and thus not a genuine explanation of mental aboutness. This article develops a version of that worry in detail and turns it aside. Nonetheless, I argue that the explanatory value of the account remains unclear. While it does promise a dialectical advance over traditional theorizing about aboutness, it does not reveal how our ordinary means of belief formation make beliefs be about what they are about. (shrink)

This paper explores the various ways Aristotle refers to and employs “heat and cold” in his embryology. In my view, scholars are too quick to assume that references to heat and cold are references to matter or an animal’s material nature. More commonly, I argue, Aristotle refers to heat and cold as the “tools” of soul. As I understand it, Aristotle is thinking of heat and cold in many contexts as auxiliary causes by which soul activities (primarily “concoction”) are carried (...) out. This, as I argue, is what it means to call them “tools” of soul. An upshot of this investigation is the fuller picture of Aristotle’s conception of efficient causation it provides in general, and the better understanding of the efficient causal operation of an organism’s nature or soul it provides in particular. (shrink)

We introduce the concept of assertion, survey existing views about it, and detail the contents of the remainder of the book.

Imaginative resistance refers to a perceived inability or unwillingness to enter into fictional worlds that portray deviant moralities (Gendler, 2000): we can all easily imagine that dragons exist, but many people feel incapable of imagining fictional worlds in which morality works differently. Although this phenomenon has received much attention from philosophers, no one has attempted to operationalize the construct in a self-report scale. In Study 1, we developed the Imaginative Resistance Scale (IRS), investigated its relationship to theoretically related constructs, and (...) confirmed its structure and reliability (rα = 0.92) in a large sample. In Study 2, we asked participants to rate scenarios expected to provoke imaginative resistance and predicted these ratings from the IRS and its validity measures. IRS scores accounted for variability in ease of imagining these scenarios over and above gender, political orientation, and three related measures. The results are discussed in terms of theories of imaginative resistance and directions for future research. (shrink)

In the Critique of Judgment, Kant claims that genius is a talent for art, but not for science. Despite his restriction of genius to the domain of fine art, several recent interpreters have suggested that genius has a role to play in Kant’s account of cognition in general and scientific practice in particular. In this paper, I explore Kant’s reasons for excluding genius from science as well as the reasons that one might nevertheless be tempted to think that his account (...) allows room for the scientific genius. I then argue that Kant’s concerns are not only epistemic, but also moral, and together, they give us good reason for resisting the veneration of genius. (shrink)

This chapter presents an overview of the contributions to the section on Experimental Mathematics by focusing in particular on how they characterize the phenomenon of “experimental mathematics” and its origins. The second part presents two case studies illustrating how experimental mathematics is understood in contemporary analysis. The third section offers a systematic presentation of the contributions to the section.

This is an amended version of material that first appeared in A. Clark, Microcognition: Philosophy, Cognitive Science, and Parallel Distributed Processing (MIT Press, Cambridge, MA, 1989), Ch. 1, 2, and 6. It appears in German translation in Metzinger,T (Ed) DAS LEIB-SEELE-PROBLEM IN DER ZWEITEN HELFTE DES 20 JAHRHUNDERTS (Frankfurt am Main: Suhrkamp. 1999).

Fallibilists claim that one can know a proposition on the basis of evidence that supports it even if the evidence doesn't guarantee its truth. Jessica Brown offers a compelling defence of this view against infallibilists, who claim that it is contradictory to claim to know and yet to admit the possibility of error.

Theological and secular voices in bioethics have drifted into separate silos. Such a separation results in part from theologians focusing less on conveying ideas in ways that contribute to a pluralistic and public bioethical discourse and the dwindling receptivity of religious arguments within secular bioethics. This essay works against these drifts by putting forward an argument that does not bounce around a religious echo-chamber, but instead demonstrates how insights of Christian anthropology can be meaningfully responsive to secular bioethics’ rightful concerns (...) with inequality and injustice. We offer core concepts from Christian bioethics that encourage dialogue with secular and theological bioethicists. The theologically-grounded concepts, human dignity, sin, and the common good, provide intellectual resources to address major areas of bioethical concern that remain unresolved. (shrink)