This essay discusses unlimited insurance subrogation (UIS) as a means of improving the deterrence and compensation results of medical malpractice law. Under UIS, health care insureds could assign their entire potential medical malpractice claims to their first-party commercial and government insurers. UIS should improve deterrence by establishing first-party insurers as plaintiffs to confront liability insurers on the defense side, leading to more effective prosecution of meritorious claims and reducing meritless and unnecessary litigation. UIS should improve compensation outcomes by converting litigation (...) cost- and risk- laden “tort insurance” into cheaper and enhanced first-party insurance. UIS also promises dynamic benefits through further reforms by contract between the first-party and liability insurers that would take charge of system. No UIS-related costs are apparent that would outweigh these benefits. (shrink)
This article discusses the philosopher-literary critic Kenneth Burke's philosophic realism. It traces central ideas in his own thought back to the new realists of the early twentieth century via his year at Columbia university and his close connection with Richard McKeon. It also describes and explains Burke's interactions with New Critic John Crowe Ransom as well as the period's logical positivists and his universalist counters to linguistic nominalism in favor of realism.
In this paper I consider Kenneth Schaffner''s(1998) rendition of ''''developmentalism'''' from the point of viewof bacteriophage biology. I argue that the fact that a viablephage can be produced from purified DNA and host cellularcomponents lends some support to the anti-developmentalist, ifthey first show that one can draw a principled distinctionbetween genetic and environmental effects. The existence ofhost-controlled phage host range restriction supports thedevelopmentalist''s insistence on the parity of DNA andenvironment. However, in the case of bacteriophage, thedevelopmentalist stands on less (...) firm ground than when organismswith nervous systems, such as Schaffner''s C. elegans, areconsidered. (shrink)
Implicit Rhetoric examines the implications of Kenneth Burke's concept of entelechy, the most transcendent term in Burke's philosophical system. The author discusses Burke's ideas on the existence of 'implicit' rhetoric which goes against Aristotle's view that rhetoric includes an essentially 'explicit' view of criticism.
This article considers the case for a theory of the queer object that focuses on its pliability – an object which operates queerly to amplify and elaborate the context in which it appears. It looks at the case of the altered book covers that Kenneth Halliwell and Joe Orton circulated through the Islington Public Library, activities for which the men were convicted and incarcerated. It considers their activities as versions of “trolling” and of otaku database fixation. It argues that (...) rather than simply disrupt the circulation of library books the men introduced queer objects to the library that facilitated and fostered new and more engaged understandings of the library’s collection of book objects. It reads the covers for the ways in which they connect otherwise disparate and neglected instances of texts with a virtual database of images and concepts that foster new readings of them and advance a new meaning for queer engagement with archives, libraries, and databases. (shrink)
I identify three lessons from Kenneth Craik’s landmark book “The Nature of Explanation” for contemporary debates surrounding the existence, extent, and nature of mental representation: first, an account of mental representations as neural structures that function analogously to public models; second, an appreciation of prediction as the central component of intelligence in demand of such models; and third, a metaphor for understanding the brain as an engineer, not a scientist. I then relate these insights to discussions surrounding the representational (...) status of predictive processing – which, I argue, provides a contemporary vindication of Craik’s extremely prescient “hypothesis on the nature of thought.”. (shrink)
Postmodernism charges that sociological methods project ways of thinking and being from the past onto the future, and that sociological forms of presentation are rhetorical defenses of ideologies. Postmodernism contends that sociological theory presents reified constructs no more based in reality than are fictional accounts. Kenneth Burke's logology predates and adequately addresses postmodernism's valid charges against sociology. At the same time, logology avoids the idealistic tendencies and ethical pitfalls of radical forms of postmodernist deconstruction, which acknowledge neither pretextual and (...) extratextual worlds nor the ways in which experience is embodied. While not fully articulated. Burke's logology gives primacy to an embodied, social world prior to text (Body-as-World). Sociology can strengthen both its theoretical arsenal and its response to postmodernism by reacknowledging and reclaiming Burke's logology. (shrink)
In this article I lay out Kenneth Baynes's interpretation of Habermas's social and political philosophy, and develop three lines of criticism. The first concerns the question of whether, and if so in what respect, Habermas's political theory counts as a critical social theory. I argue that it is not clear in what sense Habermas's political theory is a ‘critical’ social theory, and that Baynes's interpretation throws little light on this issue. The second related issue is to what extent it (...) can be fairly claimed that on Habermas's account of democracy, political legitimacy rests on a “core morality”. While there is a possible reconstruction of Habermas along these lines, I argue that it conflicts with the central tenets of Habemras's political theory. Finally, I question whether Baynes is right to align Habermas's ideal of public reason so closely with Rawls's. (shrink)
ABSTRACTBenjamin Vaughan had a passion for anonymity and Kenneth E. Carpenter’s is the first attempt to provide a full list of his many and significant contributions to intellectual life and letters in the last quarter of the eighteenth century, up to his emigration to North America in 1797. This is an introduction to Carpenter’s important research.
Kenneth Burke is, at long last, beginning to get the attention he de- serves. Among anthropologists, sociologists, psychologists, and rhetori- cians his "dramatism" is increasingly recognized as something that must at least appear in one's index, whether one has troubled to understand him or not. Even literary critics are beginning to see him as not just one more "new critic" but as someone who tried to lead a revolt against "narrow formalism" long before the currently fashionable explosion into the (...) "extrinsic" had been dreamed of. I have recently heard him called a structuralist-before-his-time-and what could be higher praise than that! But in almost everything said about his literary criticism, there is an air of condescension that is puzzling. The tone seems usually to echo that of Rene Wellek , who, as Burke himself laments , "almost overwhelms me with praise," referring to "men of great gifts, nimble powers of combination and association, and fertile imagination," but then deplores Burke's irresponsibility, repudiates his critical judgments, condemns his general method without bothering to look closely at it, and in general makes him look like some sort of idiot savant-a buffoon with a high IQ.Wayne C. Booth received the Phi Beta Kappa Christian Gauss Award in 1962 for his book The Rhetoric of Fiction. His most recent works, A Rhetoric of Irony and Modern Dogma and the Rhetoric of Assent, appeared this year. His contributions to Critical Inquiry include "Irony and Pity Once Again: Thais Revisited" , "M.H. Abrams: Historian as Critic, Critic as Pluralist" , "THE LIMITS OF PLURALISM: 'Preserving the Exemplar': Or, How Not to Dig our Own Graves" , "CRITICAL RESPONSE: Notes and Exchanges" , "Metaphor as Rhetoric: The Problem of Evaluation" ,"Ten Literal 'Theses" , with Wright Morris: "The Writing of Organic Fiction: A Conversation" , and with Robert E. Streeter and W.J.T. Mitchell: "EDITORS' NOTE: Sheldon Sacks 1930-1979". (shrink)
Arrow’s impossibility result not only had a profound influence on welfare economics, but was, as this paper shows, also widely discussed in philosophy of science and in the engineering design literature.
To be truly provocative and outrageous the superior philosophical sophistry will commonly possess four somewhat adventitious features. I shall rate it as classic if it has all four. First, and least adventitiously, the argument will be crisp and initially seductive. Second, by the standard the sophistry sets direct rebuttal will be laborious and diffuse. Third, the recipe for the latter will prescribe that we pick out some hitherto unarticulated logical principle such that if the principle be true then the sophistical (...) argument must be invalid, and then, on the strength of that consequence assume the principle to be true. Consequently and fourth, as an antidote parody is supreme. With a persuasive absence of fuss and bias we can turn the tables if we show that, if the sophistical argument were really valid, then some structurally similar argument would prove just as consummately far too much. In short, from the rhetorical point of view at least, Gaunilo is more lethal than Kant. Even if the similarity is defective, the sophist will lose some of his adventitious and insufferable poise, if he ventures to show why. (shrink)
As readers of Theoretical Medicine and Bioethics undoubtedly know, edited books can be highly uneven in their quality, with some chapters excelling in content, depth, and readability while others languish in mediocrity. Volumes in an annually issued series run an even greater risk of suffering the plague of inferiority, especially after many years of fame and success. End-of-Life Ethics: A Case Study Approach clearly overcomes these maladies and provides readers with an excellent collection of well-written, thought-provoking essays.The Hospice Foundation of (...) America launched its annual bereavement teleconference two decades ago, publishing a book each year to accompany that educational event. Dubbed the “Living with Grief” series, every volume includes chapters written by a diversity of clinicians and scholars in the care of the dying and bereaved. The series has been unique in its approach to bridge scholarly understandings with practical clinical application.This volume takes a unique .. (shrink)