An introductory level text designed to explain and review basic ideas concerning the role of law in society. Assuming no previous knowledge of the field, the volume examines the theoretical and empirical dimensions of law in society from political, sociological, psychological and philosophical perspectives.

The traditional legal verdict of not guilty by reason of insanity as well as the more recent verdict of guilty but mentally ill rest on often unquestioned epistemological assumptions about human behavior and its causes, unjustified reliance on forensic psychiatrists, and questionable, if not deplorable ethical standards. This paper offers a critique of legal perspectives on insanity, historical and current, based on the altermative epistemological and ethical assumptions of Thomas S. Szasz. In addition, we examine Szasz''s unique rhetorical analysis of (...) mental illness and its implications for forensic psychiatry. (shrink)

This is the second paper in a two-part series describing subject and family perspectives from the CENTURY-S (CENtral Thalamic Deep Brain Stimulation for the Treatment of Traumatic Brain InjURY-Safety) first-in-human invasive neurological device trial to achieve cognitive restoration in moderate to severe traumatic brain injury (msTBI). To participate, subjects were independently assessed to formally establish decision-making capacity to provide voluntary informed consent. Here, we report on post-operative interviews conducted after a successful trial of thalamic stimulation. All five msTBI subjects met (...) a pre-selected primary endpoint of at least a 10% improvement in completion time on Trail-Making-Test Part B, a marker of executive function. We describe narrative responses of subjects and family members, refracted against that success. Interviews following surgery and the stimulation trial revealed the challenge of adaptation to improvements in cognitive function and emotional regulation as well as altered (and restored) relationships and family dynamics. These improvements exposed barriers to social reintegration made relevant by recoveries once thought inconceivable. The study’s success sparked concerns about post-trial access to implanted devices, financing of device maintenance, battery replacement, and on-going care. Most subjects and families identified the need for supportive counseling to adapt to the new trajectory of their lives. (shrink)

Wana Manitpisitkul1, Sabrina Lee2, Matthew Cooper31Department of Pharmacy, University of Maryland Medical Center, Baltimore, MD, USA; 2Solid Organ Transplant Program, University of Utah Health Care, Salt Lake City, UT, USA; 3Department of Surgery, University of Maryland School of Medicine, Baltimore, MD, USA: Addition of mycophenolate mofetil to calcineurin-based immunosuppressive therapy has led to a significant improvement in graft survival and reduction of acute rejection in renal transplant recipients. However, in clinical practice, MMF dose reduction, interruption, or discontinuation due to hematological (...) and gastrointestinal side-effects occurred in up to 50% of the patients. Large retrospective analyses have demonstrated that patients requiring MMF dose manipulation due to adverse events experienced a higher rate of rejection and graft loss. Enteric-coated mycophenolate sodium was developed with the goal of improving upper GI side-effects. Here, we review the efficacy and safety of EC-MPS in de novo kidney transplant recipient, and in stable renal transplant patients who were converted from MMF. The changes in GI-related adverse events using patient-reported outcome instruments are also reviewed.Keywords: enteric-coated mycophenolate sodium, mycophenolate mofetil, kidney transplant, efficacy, gastrointestinal tolerability. (shrink)

The evolution of internation relationships is studied by means of a mathematical model based on a popular rule of triadic interaction: the friend of my friend is my friend, the friend of my enemy is my enemy, the enemy of my enemy is my friend, the enemy of my friend is my enemy. The rule is shown to lead to the formation and preservation of unipolar and bipolar configurations of nations, with the strengths of relationships, both friendly and conflictual, intensifying (...) through time. These results confirm speculations originally made in static, graph theoretic studies of the balancing of relationships within individuals, small groups and systems of nations. (shrink)

© 2014 Taylor Francis. The Centers for Disease Control and Prevention recommends routine human immunodeficiency virus testing of every client presenting for services in venues where HIV prevalence is high. Because older adults have particularly poor prognosis if they receive their diagnosis late in the course of HIV disease, any screening provided to younger adults in these venues should also be provided to older adults. We examined aging-related disparities in recent and ever HIV testing in a probability sample of at-risk (...) adults seeking services in needle exchange sites, sexually transmitted disease clinics, and Latino community clinics that provide HIV testing. Using multiple logistic regression with generalized estimating equations, we estimated associations between age category and each HIV testing outcome. Even after controlling for covariates such as recent injection drug use, older adults had 40% lower odds than younger adults did of having tested in the past 12 months or ever. Aging-related disparities in HIV testing exist among clients of these high HIV prevalence venues and may contribute to known aging-related disparities in late diagnosis of HIV infection and poor long-term prognosis. (shrink)

In 2011, the Department of Health and Human Services proposed changes to the regulations that govern human subjects protection in federally funded research. The proposed changes involve modifying inclusion standards for minimal-risk research and removing the necessity of review from certain categories of noninvasive research. All studies would instead be required to comply with privacy protections as initiated by the Health Information Portability and Accountability Act . We argue that relying on HIPAA to protect participants from participation-related risks in noninvasive (...) research is insufficient to protect the autonomy and psychological health of potential research participants. Instead, we suggest a streamlined review format for these categories of research. (shrink)

THE MYTH OF NEUROSIS: OVERCOMING THE ILLNESS EXCUSE by Garth Wood New York: Harper and Row, 1986. 294 pp., $15.45, $7.95 paper.

With the growth of precision medicine research on health data and biospecimens, research institutions will need to build and maintain long-term, trusting relationships with patient-participants. While trust is important for all research relationships, the longitudinal nature of precision medicine research raises particular challenges for facilitating trust when the specifics of future studies are unknown. Based on focus groups with racially and ethnically diverse patients, we describe several factors that influence patient trust and potential institutional approaches to building trustworthiness. Drawing on (...) these findings, we suggest several considerations for research institutions seeking to cultivate long-term, trusting relationships with patients: Address the role of history and experience on trust, engage concerns about potential group harm, address cultural values and communication barriers, and integrate patient values and expectations into oversight and governance structures. (shrink)

The optimal design of cables under selfweight and concentrated loads is considered and the maximum feasible span for a given permissible stress is evaluated. All solutions are obtained in a closed analytical form.

Without doubt, Weighing Lives, like its precursor, Weighing Goods, is an excellent and thought-provoking piece of work. In the first place, it addresses a question of the most fundamental importance, namely: how should we aggregate the well-being of past, present and future members of the human race under the various possible states of the world that may, in the event, prevail? This involves, amongst other things, dealing with questions of aggregation across time, people and different states of the world; the (...) issue of what constitutes a “neutral” state of well-being and what is, in fact, the value of continuing to survive. (shrink)

Natalie Stoljar posits that purely procedural theories of autonomy are unable to explain the ‘feminist intuition’, which is the idea that the internalization of false and oppressive norms are incompatible with autonomy. She claims instead that an account based on ‘normative competence’ – which requires true beliefs and critical reflection – can explain why oppressive norms should be excluded as legitimate decision-making inputs. On my view, however, the normative competence approach is subject to a worrying problem. While Stoljar's view successfully (...) problematizes the internalization of oppression, her view misattributes non-autonomy also to those who perpetrate the oppression. I suggest that this is implausible, arguing instead that we can establish an asymmetry of autonomy between those who oppress others and those who are made target of oppression. (shrink)

From a perspective of multiculturalism, this paper aims to analyze Ang Lee’s Wedding Banquet and Brokeback Mountain by elaborating on the issues of sex/gender/identity in the hope of exploring the process and problematics of cultural formations in the era of globalization characterized by multiculturalism. Based on Judith Buthler’s deconstructive/postmodernist view of sex/gender/identity, the first part of this essay evaluates simultaneously both the positive and negative aspects of these two films; whereas Deleuze’s literary aesthetics of minor literature offers me a subtle (...) perspective on Ang Lee’s extraordinary achievement in creating a minoritarian artistic work that exposes the complexity of human psyche/desire, which constitutes the second part of this essay. In addition, both parts intend to reexamine, from a perspective of multiculturalism, how Ang Lee’s special micropolitics/aesthetics enables him to rewrite successfully Annie Proulx’s short story for the screen so as to create a globally popular American love story that not only distinguishes him from the mediocre Hollywood commercial romance film makers but also simultaneously brings him fame and profit. (shrink)

ABSTRACTIn the Timaeus, Plato explicitly defines time as “the moving image of eternity”. This proposition affirms actually that time reflects the eternal that embodies the rational and lawful principle – namely the logos of proportionality – in the motion and change of visible objects in the universe. In other words,time determines the principle that every mutable being must follow to participate in the rational and nomological order of existence; the absolute logos which is given by God is hence intrinsic to (...) time. This idea of time is echoed by the theories of Augustine and Husserl. Both philosophers inherited some of Plato’s metaphysical views, and each of them developed a distinctive theory of the relations between Being, time, and the absolute logos. This paper attempts to compare their theories and to defend the following claim: Augustine fo-cuses on the immutable representation of time which is regarded as the image or reflection of God’s absolute logos, and explains temporal phenome... (shrink)

In the following essay, I argue for an alternative anthropocentrism that, eschewing failed appeals to traditional moral principle, takes (a) as its point of departure the cognitive, perceptual, emotive, somatic, and epistemic conditions of our existence as members of Homo sapiens, and (b) one feature of our experience of/under these conditions particularly seriously as an avenue toward articulating this alternative, the capacity for aesthetic appreciation. To this end, I will explore, but ultimately reject philosopher Allen Carlson's ecological aesthetics, and I (...) will adopt with modification aspects of the work of Ronnie Hawkins, Val Plumwood, and Donna Haraway. My central claim is that, equipped with a better understanding of our interdependent relationship to/within human and nonhuman nature, an understanding made especially available to those who occupy situations imbued by subjugation, we can come to understand our human-centeredness not as a justification of entitlement, but as an opportunity for critical self-reflection upon those actions which endanger the ecological conditions of human and nonhuman being. I suggest, then, that developing criteria for an aesthetic appreciation ground in such a centeredness can make a vital contribution to a more ecologically defensible moral and political activism. (shrink)

In the following essay, I argue for an alternative anthropocentrism that, eschewing failed appeals to traditional moral principle, takes (a) as its point of departure the cognitive, perceptual, emotive, somatic, and epistemic conditions of our existence as members of Homo sapiens, and (b) one feature of our experience of/under these conditions particularly seriously as an avenue toward articulating this alternative, the capacity for aesthetic appreciation. To this end, I will explore, but ultimately reject philosopher Allen Carlson's ecological aesthetics, and I (...) will adopt with modification aspects of the work of Ronnie Hawkins, Val Plumwood, and Donna Haraway. My central claim is that, equipped with a better understanding of our interdependent relationship to/within human and nonhuman nature, an understanding made especially available to those who occupy situations imbued by subjugation, we can come to understand our human-centeredness not as a justification of entitlement, but as an opportunity for critical self-reflection upon those actions which endanger the ecological conditions of human and nonhuman being. I suggest, then, that developing criteria for an aesthetic appreciation ground in such a centeredness can make a vital contribution to a more ecologically defensible moral and political activism. (shrink)

Moral luck, until recently, has been understood either explicitly or implicitly through using a lack of control account of luck. For example, a case of resultant moral luck is a case where an agent is morally blameworthy or more morally blameworthy or praiseworthy for an outcome despite that outcome being significantly beyond that agent's control (Nagel ). Due to a shift in understanding the concept of luck itself in terms of modal robustness, however, other accounts of moral luck have surfaced. (...) Both Duncan Pritchard () and Julia Driver () have offered an alternative way of understanding moral luck by employing versions of a modal account of luck. This essay considers some problems with these accounts and attempts to resolve them. (shrink)

ABSTRACT:Daniel Callahan died on July 16, 2019, just short of his 89th birthday. In the years since, we have seen the overturning of abortion rights, a concern central to his scholarship and musings about the place of religion in American civic life. Callahan’s journey from lay Catholic journalist and commentator at Commonweal to a co-founder of the Hastings Center, during his decade of doubt, is especially relevant today as America revisits established precedent governing a woman’s right to choose. His life-long (...) struggle with faith and the secularization of bioethics is a story worth telling, as it may foster dialogue across a divide between religious and laical thinkers that has fractured our political discourse. We recall Callahan’s misgivings about the marginalization of religious perspectives in public life; he sought not the denial of complexity nor of difference in views, but rather the importance of free and honest debate around deeply held beliefs, contextualized in the realities of the contemporary world. Callahan’s ambivalence about his faith remains a part of the fabric of American life, a story that Callahan chronicled to our collective benefit for over a half-century. (shrink)

Objectives:Over the past two decades, all U.S. states have incorporated alcohol ignition interlock technology into sentencing laws for individuals convicted of driving while intoxicated. This article provides the first 50-state summary of these laws to include changes in the laws over time and their effective dates. This information is critical for policy makers to make informed decisions and for researchers to conduct quantitative evaluation of the laws.Methods:Standard legal research and legislative history techniques were used, including full-text searches in the Westlaw (...) legal database and identification of state session laws. Because ignition interlock device laws often change over time, we identified the date of each law's initial enactment as well as the effective date of each law in its current form.Results:Beginning with California and Washington in 1987, all 50 states have enacted IID laws as a sentencing option for DWI offenders. Initially, most of these laws were discretionary. Today, however, 48 states mandate IID installation for at least some types of DWI offenders to maintain lawful driving privileges. Of these, 27 mandate an IID for all offenders; seven mandate an IID for repeat offenders only; and 21 for some combination of specific groups of DWI offenders, including repeat offenders, offenders with a blood alcohol content above a legislatively-specified level, and aggravated offenders.Conclusion:States have wrestled with a number of IID policy issues, including for whom to mandate IIDs and whether to suspend a license for DWI prior to reinstating driving privileges with or without an IID. By understanding how state interlock laws differ, policy makers and researchers can ultimately better ascertain the impact of these laws. (shrink)

Using Ang Lee’s Lust, Caution (2007), this article illustrates how an affective mode of address is encouraged when one attends to the ways in which on-screen cinematic audio-visual spectacles are produced through the interaction of different bodies on-screen. Affective cinematic encounters open up other ways of understanding the female body as productive assemblages of everyday affective interactions and relationalities with other bodies within material culture. Particularly, I demonstrate an affective mode of address that attends to the interaction of cinematic objects (...) and how they are constructed, arranged, and engaged with on-screen to reveal hidden dynamics to characters’ relationship and overarching narratives off-screen. (shrink)

Hastings Center Report, Volume 52, Issue 2, Page 21-31, March‐April 2022.

This book returns the reader to an agenda for addressing equity in schools, emphasizing the need to reexamine past reform efforts and the work ahead for educational leaders in reshaping schools and schooling.

As nation-states make greater efforts to regulate the flow of people on the move—refugees, economic migrants, and international travelers alike—advocates of DNA profiling technologies claim DNA testing provides a reliable and objective way of revealing a person’s true identity for immigration procedures. This article examines the use of DNA testing for family reunification in immigration cases in Finland, Germany, and the United States—the first transatlantic analysis of such cases—to explore the relationship between technology, the meaning of family, and immigration. Drawing (...) on our analyses of archival records, government documents, and interviews with immigration stakeholders, we argue that DNA testing is not conclusive about the meaning of family. While the technology may facilitate decision making for both would-be immigrants and state officials, our study shows hesitancy among the latter to let DNA testing make the final determination. We introduce the concept of social validity—whether the interpretation of test results matches social or political meanings in a given local context—in order to make sense of the complexities and challenges of DNA testing in practice. We show that DNA testing is not just a technology of belonging or a way to claim citizenship rights. It may also enable exclusion and denial of rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Toward Mindful Music Education:A Response To Bennett ReimerSandra L. StaufferIn her book Composing a Life, Mary Catherine Bateson reminds us to acknowledge our antecedents—those who have gone before in whatever way or whatever path.1 I believe we should also acknowledge our co-conspirators—those who have listened to us and wrestled with our ideas. Following Bateson, I wish to recognize the contributions of my teachers and my colleagues, particularly the members (...) of the doctoral seminar at Arizona State University. I am grateful for your contributions to the life of my mind and the words of this morning. For the record, I also want to say that Bennett Reimer is both antecedent and co-conspirator for everyone in this room, and we are indebted to him."The first task of philosophy involves learning to ask a good question," says Walter Feinberg in his essay on the philosophical scholar.2 Reimer asks us, "Who is philosophy of music education for?"—a provocative question indeed. He also gives us an answer: K-12 students.I agree, but not really. How can that be? Imagine this. A music teacher I know, Stephanie, was engaged with some first-grade children in singing songs and moving and reading rhythms. She turned to write on the white board. When she turned back to the children, one boy, Alex, was standing, perfectly still, on his head. What happened next? I will tell you in few minutes. Reimer says, "Philosophical issues are not disconnected to or incidental to musical experience. [End Page 135] They are foundational for musical experience, because one's values, beliefs, desires, preferences, and so forth, directly affect how one engages with music and what one gets from doing it." Abridging those two sentences at my own peril, Reimer appears to be saying that philosophical issues are foundational to musical experience.That idea works for me only if I am standing, figuratively and metaphorically, not literally, on my head. It seems to me that experience is the foundation of philosophy or, put another way, that one's philosophy derives from one's experiences; the richer the experiences, the richer the philosophy. A philosophy based on limited or weak experience is a limited or weak philosophy. This, however, is only surface-level logic for a deeper epistemological question—where does one's philosophy come from? If I take the Deweyan perspective that philosophy derives from experience, then surely I am obligated, in this forum, to define my terms—particularly "experience." It would be easy to say that experience means making music and listening to music, and surely it does. By experience, however, I mean not only these actions—the doing of music—but also thinking, or what Ellen Langer calls mindfulness.3 Langer describes mindful learning as having three characteristics: "the continuous creation of new categories; openness to new information; and an implicit awareness of more than one perspective."4 I like how Robert Duke articulates the same idea: "Teach things that are intellectually interesting and functionally valuable."5 Engage students not just in doing, but also in thinking—in mindful learning. Rich experience makes for rich philosophy. If we are talking about music education at all levels that is not only participatory, but also mindful, then I am all for it.Reimer asks a second question: how are we to accomplish the teaching of philosophy to K-12 students? I want to know what we are trying to accomplish. Are we trying to teach the content of philosophy or are we trying to help students develop their own abilities to think about their experiences as musicians, whether as listeners or as music makers, in whatever contexts they find themselves? The former seems to be a reification of philosophy in which I am not eager to engage most K-12 students. I hope we are aiming for the latter. If so, then our task is to provide rich and mindful experiences in every music setting. Our task is to model the disposition of a philosopher—one who asks questions, is curious, and is engaged in the life of the mind.This seems so obvious. Why aren't we doing it already? There... (shrink)

I defend Kant’s moral psychology against John R. Silber’s argument that Kant cannot account for the radical evil of Hitler. Silber’s argument cannot be maintained, I argue, if Kant’s account of theological and moral fanaticism, and the personality of the moral fanatic, are taken into account. I contend that Kant’s writings support an analogy between the fanatical pursuit of religious and moral ideals and Hitler’s fanatical pursuit of an ideal of racial purity. I conclude that Kant’s account of moral fanaticism (...) is adequate to account for the actions and moral psychology of Hitler. (shrink)

This chapter explores ways in which Roland Barthes's discussion of the encyclopaedia provides resources for thinking about education and research practice today. It begins with Barthes's analysis and critique of the Encyclopedie. Barthes, writing in 1964, engages with the Encyclopedie as an iconic product of its time, seeing it as conditioned by and, in effect, reinforcing a particular way of experiencing the world. The chapter considers ways in which a parallel critique is pertinent today and explores some current examples of (...) encyclopaedic form in relation to education and educational research. It examines the interplay between particular cultural products and their society, in which not only certain types of knowledge but also certain conception knowledge are produced and reinforced. The chapter presents particular understanding of language and knowledge that arises through these cultural products, particularly with regard to educational inquiry. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Coeditors’ IntroductionRetro III: As We RestartAlyson Cole and Kyoo Leethe covid-19 pandemic drags on, and, as the world is now trying to recover from it by learning to at least live with it better, philoSOPHIA has arrived at the third and final issue of RETRO. The fact that this series ended up being framed by the turbulent temporality of the current pandemic is something that some future editors of (...) philoSOPHIA, too, might find worth remembering.For now, we return to the now-point, as expected. To that end, here we have assembled articles on historical, individual, and gendered stigmas and wounds and traumas, among others, focusing also on their relationships to existential time, namely, present moments that persist.We turn first to the pressing issue presented by “Shackling Pregnant Women: US Prisons, Anti-Blackness, and the Unfinished Project of American Abolition”: Brady Heiner offers a lucid “interpretation of the social meaning of shackling imprisoned pregnant women and its persistence despite widespread normative consensus in favor of its abolition,” a joltingly specific, haunting reminder of how deeply the legacy of slavery is embedded in the US criminal legal system and the ways in which American abolition remains an “unfinished project.”Finally, RETRO III marks an ending and a restart of another kind. As of this issue—or, rather, this volume—philoSOPHIA is transitioning from a biannual to an annual publication schedule. In recent years, the journal has transformed in various ways. In 2018, we adopted a new transContinental approach and, with it, a new subtitle. We have expanded to include different [End Page v] genres, media, and voices, always aiming to reflect on our current moment and rethink persistent feminist philosophical questions from divergent angles. Publishing one volume per year is, we are certain, the best way to sustain this breadth of inquiry and continue deepening our alliances with critical race, disability, literary, media, and queer studies, among other fields. As we restart, readers can expect us to keep pushing boundaries, as we always have, while maintaining the same high quality and standards. This is essentially a change in the journal’s format, not in its substance.Wound/stigma as process also emerged as a key notion in Retro III partly because of our preliminary editorial conversation with Annette-Carina van der Zaag about three years ago, who, in response to our call for proposals on “retro” themes, had proposed an idea of guest editing an issue. Although that plan unfortunately did not materialize as we dealt with various pandemic challenges still faced by so many of us on a daily basis, Annette did write a spirited article while encouraging some other colleagues to explore related ideas, for which we remain grateful. In this piece, “Touching Wounds: On the Fugitivity of Stigma,” which explores stigma’s queer-responsive “transformational energy,” van der Zaag articulates ways of “inhabiting” wounds on three registers—material, affective, and fugitive—as an open-ended, future-embracing pathway beyond identity-bound ontology. Ghalya Saadawi, in turn, in her engagingly autobiographical essay “Critical Incision: Hypochondria, Autotheory, and the Health-Illness Dialectic,” autotheoretically draws out “critical” energy from this critical “illness” of hers, hypochondria, to the effect of destabilizing the temporally linearized and medically coordinated discursive ideals of health and being/living well.Survival, at the end of the day, often requires some literal transcending. A case in point has been movingly portrayed and theorized by Na-Young Lee, a sociologist and justice activist who, in “Multiple Encounters and Reconstructed Identities,” revisits questions of historical trauma and collective stigma. Here, she introduces and reflects on her oral history interviews with Korean “Halmoni Activist-Survivors of Japanese Military Sexual Slavery as Postcolonial Subjects,” with whom she herself continues to fight in solidarity. Focusing on the stories of two foundational figures, “Yun Chung-ok, a leading scholar and activist who, having managed to escape the fate of many other peers, first spoke out about Japanese military sexual slavery, and Kim Bok-dong, a survivor and human rights activist,” Lee shows how “overcoming trauma and reaching out to others continues to drive the redress movement” and how “through mutually constructed identities, activist-survivors broke away from... (shrink)

Packed with practical strategies and inspiring research about how learning changes the brain this book will empower you with ideas you can apply right away that can positively change children’s lives forever.

In the last twenty years or so, the study of early modern philosophy seems to have experienced a revival of interest in Nicolas Malebranche. Some might wonder whether “revival” is the right term but I use it intentionally, since it is hardly the case that we for the first time are uncovering an obscure but talented figure from the bin of neglected, underappreciated philosophers. As one commentator has recently noted, Malebranche was hailed by none other than Pierre Bayle as “the (...) premier philosopher of our age”1 and it has been well established that his work was widely read and influential. (shrink)