This paper describes and defends the view that minimal chemical life essentially involves the chemical integration of three chemical functionalities: containment, metabolism, and program (Rasmussen et al. in Protocells: bridging nonliving and living matter, 2009a ). This view is illustrated and explained with the help of CMP and Rasmussen diagrams (Rasmussen et al. In: Rasmussen et al. (eds.) in Protocells: bridging nonliving and living matter, 71–100, 2009b ), both of which represent the key chemical functional dependencies among containment, metabolism, and (...) program. The CMP model of minimal chemical life gains some support from the broad view of life as open-ended evolution, which I have defended elsewhere (Bedau in The philosophy of artificial life, 1996 ; Bedau in Artificial Life, 4:125–140, 1998 ). Further support comes from the natural way the CMP model resolves the puzzle about whether life is a matter of degree. (shrink)

Weak emergence is the view that a system’s macro properties can be explained by its micro properties but only in an especially complicated way. This paper explains a version of weak emergence based on the notion of explanatory incompressibility and “crawling the causal web.” Then it examines three reasons why weak emergence might be thought to be just in the mind. The first reason is based on contrasting mere epistemological emergence with a form of ontological emergence that involves irreducible downward (...) causation. The second reason is based on the idea that attributions of emergence are always a reflection of our ignorance of non-emergent explanations. The third reason is based on the charge that complex explanations are anthropocentric. Rather than being just in the mind, weak emergence is seen to involve a distinctive kind of complex, macro-pattern in the mind-independent objective micro-causal structure that exists in nature. The paper ends by addressing two further questions. One concerns whether weak emergence applies only or mainly to computer simulations and computational systems. The other concerns the respect in which weak emergence is dynamic rather than static. (shrink)

Over the history of the study of visual perception there has been great success at discovering countless visual illusions. There has been less success in organizing the overwhelming variety of illusions into empirical generalizations (much less explaining them all via a unifying theory). Here, this article shows that it is possible to systematically organize more than 50 kinds of illusion into a 7 × 4 matrix of 28 classes. In particular, this article demonstrates that (1) smaller sizes, (2) slower speeds, (...) (3) greater luminance contrast, (4) farther distance, (5) lower eccentricity, (6) greater proximity to the vanishing point, and (7) greater proximity to the focus of expansion all tend to have similar perceptual effects, namely, to (A) increase perceived size, (B) increase perceived speed, (C) decrease perceived luminance contrast, and (D) decrease perceived distance. The detection of these empirical regularities was motivated by a hypothesis, called “perceiving the present,” that the visual system possesses mechanisms for compensating neural delay during forward motion. This article shows how this hypothesis predicts the empirical regularity. (shrink)

Normal systems of modal logic, interpreted as deontic logics, are unsuitable for a logic of conflicting obligations. By using modal operators based on a more complex semantics, however, we can provide for conflicting obligations, as in [9], which is formally similar to a fragment of the logic of ability later given in [2], Having gone that far, we may find it desirable to be able to express and consider claims about the comparative strengths, or degrees of urgency, of the conflicting (...) obligations under which we stand. This paper, building on the formalism of the logic of ability in [2], provides a complete and decidable system for such a language. (shrink)

: Can passing antidiscrimination laws ever be a bad idea? Yes, if broad policy reform is abandoned in favor of genetic-specific legislation. But in spite of its serious flaws, both in concept and in practice, genetic-specific legislation is sometimes worth passing anyway—sometimes a bad idea is reasonable.

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.2 (2003) 61-72 [Access article in PDF] From Personal to Social Transaction:A Model of Aesthetic Reading in the Classroom Mark A. Pike This article seeks to define more precisely the nature of the individual transaction that occurs between reader and text and the potential for aesthetic reading in literature classrooms by relating knowledge of the way pupils engage in literary transactions to theoretical (...) perspectives that address the issue. The validity of Louise Rosenblatt's transactional theory of the literary work, expounded in Literature as Exploration and The Reader, The Text, The Poem, and its relevance for contemporary educators, particularly in the field of English education, has recently been reasserted by Jeanne Connell in her timely and cogent article in this journal. 1 The present article, however, seeks to refocus debate by problematizing and subsequently developing some aspects of key theories such as Rosenblatt's while examining the individual and social nature of reading in schools. Rosenblatt's view that aesthetic experiences can have both social origin and effect certainly deserves further theorizing if aesthetic experience in school communities and classrooms is to flourish.The influence of John Dewey's Art as Experience upon Rosenblatt is evident as this seminal text conceives of our primary task as the restoration of "continuity between the refined and intensified forms of experience that are works of art and everyday events." 2 Such continuity with experience is vital because, for Dewey, "experience is the fulfillment of an organism in its struggles and achievements in a world of things, it is art in germ." 3 Applying such a notion to education in schools, Rosenblatt saw the aim of literature lessons as the growth of experience rather than the acquisition of knowledge. Yet, despite such progress, in the United Kingdom, teachers of English are in the unenviable position of having to deliver an extensive body of knowledge prescribed by the National Curriculum and also to focus explicitly upon the features of certain types of text as they teach the National Literacy Strategy. 4 In Rosenblatt's work the emphasis on our experience of [End Page 61] literary works provides a much needed alternative to positions such as that adopted by New Criticism where "it is never what a poem says which matters, but what it is" because we acknowledge we can only ever gain access to what a poem says as "the sentence that seems to need no interpretation is already the product of one." 5 Clearly, understanding the reader's transaction with texts is where we must begin if we wish to foster aesthetic reading in our classrooms.Transactional theory also appears to be closely related to Martin Heidegger's thought in Being and Time where Dasein (givenness, existence, being) is seen as a distinctive characteristic of the human being as our consciousness projects things of the world and is also subjected to the things of the world which belong to us, in some sense, only as long as our consciousness is projecting them. 6 The validity of Dewey's view, where experience is not separated from art, can be seen when we acknowledge that we can "never adopt an attitude of detached contemplation, looking down on the world as if from a mountain top" for we are "inevitably merged with the very object of our consciousness." 7Such a view reflects Hans-Georg Gadamer's position in Truth and Method in which Heidegger's explanation of situation is applied to literary theory because, for Gadamer, the literary work cannot appear as a packaged and completed artefact in which meaning is neatly wrapped because it is influenced by a particular reader's actions at a particular moment. 8 Rosenblatt's realistic conception that "each reading involves a particular person at a particular time and place" is developed in this article as it seems that, even now, many reader response critics and curriculum designers "write as though people read literature in a vacuum or in a generalized kind of academic setting" which often does not apply... (shrink)

Since the fourth century, B.C.E., the Oath of Hippocrates has been the starting point in analyzing the obligations of physicians to protect the privacy and confidentiality interests of their patients. The pertinent provision of the Oath reads as follows: “What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account must be spread abroad, I will keep to myself, holding such things shameful (...) to be spoken about.”This part of the Oath is subject to more than one interpretation, but its commonly accepted meaning provides the ethical foundation for the physician’s duty of confidentiality. The Oath expressly declares that a physician’s obligation of confidentiality applies beyond matters of medical care. At a time when there were no hospitals or physician offices, patients received medical care in their homes or in public places. Physicians treating patients in their homes could be expected to see and hear a wide range of activities that might be considered embarrassing, immoral, or even illegal. (shrink)

The 2009 pandemic of influenza A was relatively mild, but a subsequent outbreak of pandemic influenza could be much worse. According to projections from the Department of Health and Human Services, the potential health consequences of a severe influenza pandemic in the United States could be literally overwhelming: up to 1.9 million deaths; 90 million people sick; 45 million people needing outpatient care; 9.9 million people hospitalized, of whom 1.485 million would need treatment in an intensive care unit ; and (...) 742,500 patients needing mechanical ventilators. Even a less cataclysmic, moderate pandemic would result in 209,000 deaths; 90 million people sick; 45 million people needing outpatient care; 865,000 people hospitalized, of whom 128,750 would need treatment in an ICU; and 64,875 patients needing mechanical ventilators. (shrink)

Genetic privacy and confidentiality have both intrinsic and consequential value. Although general agreement exists about the need to protect privacy and confidentiality in the abstract, most of the concern has focused on preventing the harmful uses of this sensitive information. I hope to demonstrate in this article that the reason why genetic privacy and confidentiality are so difficult to protect is that any effort to protect them inevitably implicates broader and extremely contentious issues, such as the right of access to (...) health care. Moreover, the tentative legislative and policy steps undertaken and proposed thus far have been, for the most part, misguided, simplistic, and ineffective. (shrink)

In De Anima II.6, Aristotle divides the objects of perception into three kinds: “special perceptibles" (idia aisthêta) such as colours, sounds and flavours, which can be perceived in their own right by only one sense; “common perceptibles" (koina aisthêta) such as shapes, sizes and movements, which can be perceived in their own right by multiple senses; and “incidental perceptibles,” such as the son of Diares, which can be perceived only “incidentally” (kata sumbebêkos). In this paper, I examine this division of (...) perceptibles and consider what it amounts to. First, I argue that Aristotle’s distinction between perceiving something in its own right (kath' hauto) and perceiving it incidentally marks a causal distinction: what is perceived in its own right causes perception as such, whereas what is perceived incidentally coincides with what is perceived in its own right. Second, I argue that for Aristotle special perceptibles, unlike common perceptibles, belong to homogeneous bodies on account of their chemical composition. Finally, I explain the primacy Aristotle assigns to special perceptibles and his claim that perception of them alone is free from error. I conclude with some brief remarks on Aristotle and the primary/secondary quality distinction. (shrink)

Biobanks are repositories of human biological materials collected for biomedical research. There are over 300 million stored specimens in the United States, and the number grows by 20 million per year. In the post-genome world of high throughput gene sequencing and computational biology, biobanks hold the promise of facilitating large-scale research studies. New organizational and operational models of research repositories also raise complex issues of big science, big business, and big ethical concerns.

Emerging fields of science often create new challenges for ethics and law. In assessing the broader societal implications of scientific discoveries, a reasonable analytical starting point is determining how the discoveries compare with existing science. If the new field is substantially similar to an established one, then the ethical and legal analyses are likely to be comparable. On the other hand, if the new scientific developments are extraordinary in kind or degree, then a new analytical framework and new approaches to (...) ethics and law may be necessary. (shrink)

In the post-genome world of biomedical research, an increasingly common research strategy is to focus on large repositories of biological specimens. There are now several well-known efforts to compile vast collections of biological materials, reanalyze extant samples, collect new ones, and link the samples to medical records. The significant issues of law, ethics, and policy raised by these research activities usually are heightened when commercial enterprises play a leading role in accumulating and distributing the samples. Emerging companies are not only (...) compiling repositories for their own use, but some companies are positioning themselves to act as intermediaries, developing vast biobanks for sale to a wide range of other researchers. (shrink)

“Unconscionable.” “Outrageous.” “Indefensible.” These are just some of the tamer descriptions for the billing practices of most hospitals, and also many physicians, that have recently come to the public's attention. Earlier this year, Time magazine published an extraordinary 24,000‐word exposé—the longest article it has ever published—detailing how even charitable hospitals routinely price‐gouge their patients.1 With characteristic flare for telling details, journalist Steven Brill documented ten‐fold markups of charges over costs at some prominent hospitals for common services like X rays and (...) lab tests, and one‐hundred‐fold mark‐ups on mundane supplies such as gauze pads and generic aspirin. Just as the buzz from Brill's article was abating, the Centers for Medicare & Medicaid Services released a comprehensive data set in May that galvanized local and national media across the country. This news tsunami caught hospital managers flat‐footed and tongue‐tied. Typical responses conceded that hospitals’ pricing practices are based neither on actual cost structures nor rational marketplace dynamics. Instead, hospitals attempted to deflect blame by noting that hardly anyone actually pays list prices, and they characterized their indefensible pricing as a symptom of a broken system that is beyond them to fix. There are two glaring faults in these standard defenses. (shrink)

Prompted by the development of the Theory of Challenge and Threat States in Athletes (Jones et al, 2009), recent years has witnessed a considerable increase in research examining challenge and threat in sport. This manuscript provides a critical review of the literature examining challenge and threat in sport, tracing its historical development and some of the current empirical ambiguities. In an attempt to reconcile some of these ambiguities, and utilising neurobiological evidence associated with approach- and avoidance-motivation (cf. Elliot & Covington, (...) 2001), this paper draws upon the Evaluative Space Model (ESM: Cacioppo et al., 1997) and considers the implications for understanding challenge and threat in sport. For example, rather than see challenge and threat as opposite ends of a single bipolar continuum, the ESM implies that individuals could be (1) challenged, (2) threatened, (3) challenged and threatened, or (4) neither challenged or threatened by a particular stimulus. From this perspective it could be argued that the appraisal of some sport situations as both challenging and threatening could be advantageous, whereas the current literature seems to imply that the appraisal of stress as a threat is maladaptive for performance. In drawing upon the ESM, we outline the Evaluative Space Approach to Challenge and Threat and provide several testable hypotheses for advancing understanding of challenge and threat (in sport). We also outline a number of cardiovascular and experiential measures that can be used to examine these hypotheses. In sum, this paper provides a significant theoretical, empirical and practical contribution to our understanding of challenge and threat (in sport). (shrink)

Genetic privacy and confidentiality have both intrinsic and consequential value. Although general agreement exists about the need to protect privacy and confidentiality in the abstract, most of the concern has focused on preventing the harmful uses of this sensitive information. I hope to demonstrate in this article that the reason why genetic privacy and confidentiality are so difficult to protect is that any effort to protect them inevitably implicates broader and extremely contentious issues, such as the right of access to (...) health care. Moreover, the tentative legislative and policy steps undertaken and proposed thus far have been, for the most part, misguided, simplistic, and ineffective. (shrink)

Wie geartet ist das Verhältnis zwischen den zentralen Begriffen „Bewußtsein“ und „Reflexion“ in Lockes Essay? Sind diese Begriffe für Locke identisch oder voneinander verschieden? Falls sie verschieden sind, wie ist der Unterschied genau zu bestimmen? Diese Arbeit untersucht die Fragen, unter Berücksichtigung der unterschiedlichen Deutungen in der Sekundärliteratur; sie sichtet und prüft den Text des Essays sorgfältig und breitet ein breites Spektrum philosophischer Implikationen von Lockes Ausführungen über das „Bewußtsein“ und „Reflexion“ aus. Der abschließende Teil legt dar, daß Locke niemals (...) eine feste Position gegenüber dem Verhältnis zwischen den beiden Begriffen eingenommen hat, sondern daß er zwischen verschiedenen Positionen schwankte -als Resultat der starken philosophischen Kräfte, die ihn bald in die eine, bald in die andere Richtung zogen. (shrink)

For nearly twenty-five years, federal regulation of privacy issues in research involving human subjects was the primary province of the federal rule for Protection of Human Subjects. As of April 14, 2003, the compliance date for the Privacy Rule of the Health Insurance Portability and Accountability Act, however, the Common Rule and the Privacy Rule jointly regulate research privacy. Although, in theory, the Privacy Rule is intended to complement the Common Rule, there are several areas in which the rules diverge. (...) In some instances the inconsistencies result in gaps in privacy protection; in other instances the inconsistencies result in added burdens on researchers without additional privacy protections. In all instances, the lack of harmonization of these rules has created confusion, frustration, and misunderstanding by researchers, research subjects, and institutional review boards. In this article, I review the major provisions of the Privacy Rule for research, explain the areas in which the Privacy Rule and Common Rule differ, and conclude that the two rules should be revised to promote consistency and maximize privacy protections while minimizing the burdens on research. (shrink)

Genetic-specific nondiscrimination laws have been enacted in most states, but the laws are ineffective and increase the stigma of genetic conditions. Whether these laws are better than no new legislation depends on their consequences and a recognition of their limitations.

This book is a must-read for researchers interested in taking a high-level, non-mechanistic approach to answering age-old fundamental questions in the brain ...

Artificial life uses computer models to study the essential nature of the characteristic processes of complex adaptive systems proceses such as self-organization, adaptation, and evolution. Work in the field is guided by the working hypothesis that simple computer models can capture the essential nature of these processes. This hypothesis is illustrated by recent results with a simple population of computational agents whose sensorimotor functionality undergo open-ended adaptive evolution. These might illuminate three aspects of complex adaptive systems in general: punctuated equilibrium (...) dynamics of diversity, a transition separating genetic order and disorder, and a law of adaptive evolutionary activity. (shrink)

The HIPAA Privacy Rule is notoriously weak because of its incomplete coverage, numerous exclusions and exemptions, and limited rights for individuals. The three areas in which it provides the most protection are fundraising, marketing, and research. Provisions of the 21st Century Cures Act, pending in Congress, and the Notice of Proposed Rulemaking to amend the federal research regulations, awaiting final regulatory action, would weaken the privacy protections for research. If these measures are adopted, the HIPAA Privacy Rule would have so (...) little value that it might not be worth the aggravation and burden. (shrink)

DNA identification methods are such an established part of our law enforcement and criminal justice systems it is hard to believe that the technologies were developed as recently as the mid-1980s, and that the databases of law enforcement profiles were established in the 1990s. Although the first databases were limited to the DNA profiles of convicted rapists and murderers, the success of these databases in solving violent crimes provided the impetus for Congress and state legislatures to expand the scope of (...) the databases with little critical examination of each expansion's value to law enforcement or cost to privacy and civil liberties.We are now entering a new stage of DNA forensics, in which successive database expansions over the last decade have raised the possibility of creating a population-wide repository. In addition, new applications of DNA profiling, including familial and low stringency searches, have been added to DNA dragnets, the use of medical samples for forensic analysis, and other measures to create a series of crucial, yet largely unexplored, second-generation legal and policy issues. (shrink)

Top-down synthetic biology makes partly synthetic cells by redesigning simple natural forms of life, and bottom-up synthetic biology aims to make fully synthetic cells using only entirely nonliving components. Within synthetic biology the notions of complexity and emergence are quite controversial, but the imprecision of key notions makes the discussion inconclusive. I employ a precise notion of weak emergent property, which is a robust characteristic of the behavior of complex bottom-up causal webs, where a complex causal web is one that (...) is incompressible and its behavior cannot be derived except by crawling through all of the gory details of the interactions in the web. The central thesis of this article is that synthetic biology centrally is the activity of engineering the desired weak emergent properties of synthetic cells. Synthetic biology has many different ways to engineer desired weak emergent properties of synthetic cells, including Edisonian trial and error, standardized parts, refactoring, and reprogramming synthetic genomes. The article ends by noting two philosophical consequences of engineering weak emergence. One is epistemological: synthesis is crucial for discovering weak emergent properties. The other is metaphysical: simple life forms are nothing but complex chemical mechanisms. (shrink)

Mobile devices with health apps, direct-to-consumer genetic testing, crowd-sourced information, and other data sources have enabled research by new classes of researchers. Independent researchers, citizen scientists, patient-directed researchers, self-experimenters, and others are not covered by federal research regulations because they are not recipients of federal financial assistance or conducting research in anticipation of a submission to the FDA for approval of a new drug or medical device. This article addresses the difficult policy challenge of promoting the welfare and interests of (...) research participants, as well as the public, in the absence of regulatory requirements and without discouraging independent, innovative scientific inquiry. The article recommends a series of measures, including education, consultation, transparency, self-governance, and regulation to strike the appropriate balance. (shrink)