Law is indispensable to the public's health. The twentieth century proved this true as law contributed to each of the century's ten great public health achievements: vaccination, healthier mothers and babies, family planning, safer and healthier foods, fluoridation of drinking water, the control of infectious diseases, the decline in death from heart disease and stroke, recognition of tobacco use as a health hazard, motor vehicle safety, and safer workplaces.The readers of this journal can give examples of the relevant types of (...) laws with ease: Jacobson v. Massachusetts, the 1905 U.S. Supreme Court case that upheld the constitutionality of compulsory vaccination; mandatory immunization for school admission; authorization of state prenatal care programs; mandatory fortification of foods; Title X of the Public Health Service Act; the Pure Food and Drugs Act of 1906; the Safe Drinking Water Act of 1974, and hundreds of state and local enactments regulating food; fluoridation ordinanceswater, and sanitation; the Surgeon General's warning notices on cigarette packs and restrictions on marketing tobacco; seat belt laws and mandated vehicle and highway design features; and laws like the federal Occupational Safety and Health Act of 1970 that regulate working conditions. (shrink)

The promise of personalized medicine and the quest for a greater understanding of the genetic basis of disease has transformed the research enterprise. The Director of the National Institutes of Health, Elias A. Zerhouni, M.D., recently predicted “that comprehensive, genomics- based health care will become the norm, with individualized preventive medicine and early detection of illnesses.” This excitement about the potential scientific and clinical advances that may come from genomics- based research has led several NIH institutions to launch initiatives for (...) genome-wide association studies, calling on researchers and institutions to utilize the new DNA analysis technologies to study the genetic variation between individuals with a particular illness and healthy controls. (shrink)

Considering the enormous diversity of living organisms, representing mostly untapped resources for studying ecological, ontogenetic and phylogenetic patterns and processes, why should evolutionary biologists concern themselves with the remains of animals and plants that died out tens or even hundreds of millions of years ago? The reason is that important new insights into some of the most vexing evolutionary questions are being revealed at the interfaces of palaeontology, developmental biology and molecular biology. Attempts to synthesise information from these disciplines, however, (...) often encounter their greatest hurdles in considerations of the radiation of the Metazoa. Ongoing challenges relate to the origins of body plans, the relationships of the metazoan phyla and the timing of major evolutionary radiations. Palaeontology not only has its own unique contributions to the study of evolutionary processes, but provides a lynchpin for many of the emerging techniques. BioEssays 22:1142–1152, 2000. © 2000 John Wiley & Sons, Inc. (shrink)

Initial reflections on ethics, morality, and justice in an adversary system -- Undertaking a case -- Communication and confidentiality -- Loyalties and conflicts of interest -- Who controls the case? How should lawyers and clients share decisionmaking? -- What price truth? What price justice? What price advocacy? -- Tactics, free speech, and playing by the rules -- The special problems of the government lawyer -- The lawyer acting as advisor -- The lawyer as part of the law firm structure -- (...) Mental health, substance abuse, and the realities of modern practice -- The economics of lawyering -- Admissions, discipline, and some other rules of lawyering. (shrink)

My heart was removed and replaced on May 17, 2006. No melodrama is intended here, just an unadorned factual statement. Transplants are transformative. In my case, that transformation led to bioethics.

A dozen papers by internationally known scholars explore questions largely unthinkable without Richard Watson's classic Downfall of Cartesianism: Descartes in Holland, Descartes and Simon Foucher, and issues raised by Descartes for philosophy of mind, philosophy of science, translation and toleration.

Imitation is said to be the sincerest form of flattery. Socially, the proposition may well be true. But in the world of ideas it is false: to the extent that two incompatible traditions use the same words or symbols to articulate different visions of legal or social organization, imitation begets confusion, not enlightenment. The effects of that confusion, moreover, are not confined to the world of ideas, but spill over into the world of politics and public affairs. Words are more (...) than tools of description: they work also as tools of persuasion and transformation. Let a term have a favorable connotation in one context, and its imitative use can mislead people into thinking that a major departure from established practice is merely the extension or updating of an old principle to deal with new circumstances. (shrink)

'Tis true governments cannot be supported without great charge, and it is fit everyone who enjoys a share of the protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e., the consent of the majority giving it either by themselves or their representatives chosen by them. For if any one shall claim a power to lay and levy taxes on the people, by his own authority, and (...) without such consent of the people, he thereby invades the fundamental law of property and subverts the end of government. For what property have I in that which another may by right take when he pleases to himself. (shrink)

1. Pragmatism: Philosophical versus everyday. 2. Legal pragmatism. 3. John Dewey on Democracy and law. 4. Two concepts of democracy. 5. Democracy defended. 6. The concepts applied.

Posner characterizes the current preoccupation with moral and constitutional theory as an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise, and advocates a rebuilding of the law on the basis of systematic empirical inquiry.

In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient ...

In lieu of an abstract, here is a brief excerpt of the content:The Breakdown of C i M phy " artes an eta sacs RICHARD A. WATSON WITHIN CARTESIANISMthere arose many problems deriving from conflicts between Cartesian principles. Inadequate attempts to solve these problems were crucial reasons for the breakdown of Cartesian metaphysics in the late seventeenth and early eighteenth centuries. The major difficulties derived from the acceptance of a dualism of substances seated in a system which included epistemological (...) and causal likeness principles plus an ontological framework in which the categories of substance and modification were exhaustive. The major solutions involved either denying the likeness principles or altering the ontological framework. The first led to unintelligibility ; the second, culminating in Hume, opened the way to non-Cartesian metaphysics. The first section of this study contains a characterization of late seventeenth -century Cartesian metaphysics. The second is an exposition of Foucher 's four major criticisms of this system. In the third section, monistic solutions suggested in Descartes and by Spinoza, Foucher, Leibniz, and Locke are considered; in the fourth, the dualistic solutions of the orthodox Cartesians Rohault, R~gis, Desgabets, La Forge, Le Grand, and Arnauld; and in the fifth, the occasionalist solution of Malebranche. The sixth section is an analysis of these orthodox and occasionalist solutions, showing how each ultimately fails because of dependence upon the ontology of substance and modification. The seventh section is a consideration of Berkeley and Hume in the Cartesian context. A consideration of their systems as offering solutions to Cartesian problems illuminates in new light both the systems and the problems. In broad terms, this study moves from a consideration of problems arising from an ontology of two substances, to a consideration of problems arising from the ontological pattern of substance and modification. The Cartesians were concerned with relationships between two substances, but they saw no difficulties connected with the relationship between a substance and its modifications (or properties). Berkeley's treatment (deriving from Male- [177] 178 HISTORY OF PHILOSOPHY branche) of the relationships between mind and idea, and between mind and notion, is illuminated by a consideration of the extent to which he took these relationships for granted in the Cartesian way, and of the extent to which he saw difficulties in the relationship between substance and modification. The Berkeleian solution to Cartesian problems, like that of Malebranche before him, was not successful; Malebranche belittled, and Berkeley denied the dualism of substances, but neither philosopher could break entirely with the ontological pattern of substance and modification. The final breakdown of Cartesian metaphysics came with Hume, who, in providing the culmination of a most important trend in modern philosophy, opened the way to new metaphysics and became the father of contemporary philosophy. I A model late seventeenth-century Cartesian metaphysical system. The last grand expositor of the Cartesian philosophy was Antoine Le Grand who in 1694 published An Entire Body of Philosophy. The characterization of the late seventeenth-century Cartesian system given below follows Le Grand's exposition more closely than others, but it also incorporates elements from those of Rohault, R6gis, Desgabets, La Forge, Malebranche, and Arnauld.1 None of these philosophers professed a system of exactly the sort this characterization pictures, nor is it implied here that they do. The guide and rationale for drawing from them such a model Cartesianism is the polemical writing of Simon Foucher. Foucher's series of attacks upon Cartesianism (of which the second is his criticism of Malebranche of 1675, Critique de la Rdcherche de la veritd) give clearly the most important objections against Cartesian metaphysics.2The system outlined below, while more com1Le Grand, Antoine, An Entire Body of Philosophy According to the Principles of the Famous Renate des Cartes (London, 1694); Rohault, Jacques, Traitd de physique (Paris, 1671); R6gis, Pierre-Sylvain, Syst~me de philosophie, contenant la logique, la mdtaphysique, la physique et la morale (Lyon, 1690); Desgabets, Robert, Critique de la Critique de la Recherche de la veritd, oCt l'on decouvre le chemin qui conduit aux connoissances solides. Pour servir de rdsponse gtla Lettre d'un academicien (Paris, 1675); La Forge, Louis de, Traitd de l'dme humaine, de ses facultds et fonctions et de son union avec le corps, d'apr~s les principes de... (shrink)

There is long-standing disagreement among systematists about how to divide biodiversity into species. Over twenty different species concepts are used to group organisms, according to criteria as diverse as morphological or molecular similarity, interbreeding and genealogical relationships. This, combined with the implications of evolutionary biology, raises the worry that either there is no single kind of species, or that species are not real. This book surveys the history of thinking about species from Aristotle to modern systematics in order to understand (...) the origin of the problem, and advocates a solution based on the idea of the division of conceptual labor, whereby species concepts function in different ways - theoretically and operationally. It also considers related topics such as individuality and the metaphysics of evolution, and how scientific terms get their meaning. This important addition to the current debate will be essential for philosophers and historians of science, and for biologists. (shrink)

... and Normative Epistemology The Distinction Between Metaepistemology and Normative Epistemology Although this terminology is relatively new, ...

Ame Naess, John Rodman, George Sessions, and others, designated herein as ecosophers, propose an egalitarian anti-anthropocentric biocentrism as a basis for a new environmental ethic. I outline their “hands-off-nature” position and show it to be based on setting man apart. The ecosophic position is thus neither egalitarian nor fully biocentric. A fully egalitarian biocentric ethic would place no more restrictions on the behavior of human beings than on the behavior of any other animals. Uncontrolled human behavior might lead to the (...) destruction ofthe environment and thus to the extinction of human beings. I thus conclude that human interest in survival is the best ground on which to argue for an ecological balance which is good both for human beings and for the whole biological community. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Who or What is the Preembryo?S.J. Richard A. McCormick (bio)IntroductionAlthough widely used by scientists, the term "preembryo" has raised some suspicions. Histopathologist Michael Jarmulowicz (1990), for example, asserts that the term was adopted by the American Fertility Society (AFS) and the Voluntary Licensing Authority (VLA) in Britain "as an exercise of linguistic engineering to make human embryo research more palatable to the general public."I cannot speak for the (...) VLA, but I can clarify that this was not the motive of the AFS. As a member of the AFS ethics committee that discussed and adopted this terminology, I know that our discussion was not tied to embryo research or moral issues. The term "preembryo" was adopted because the earliest stages of mammalian development primarily involve establishment of the nonembryonic trophoblast, rather than the formation of the embryo. As Clifford Grobstein (1988, p. 61), a distinguished basic scientist who also sat on the AFS committee notes:The scientific rationale for the term preembryo... is its greater accuracy in characterizing the initial phase of mammalian and human development.... The status implications of such a change in terminology were not at issue in the discussion.This is not to say that the moral status of the preembryo is not a concern worthy of independent consideration. It is an important question with significant practical implications, especially in the context of in vitro fertilization. At stake are issues such as: (1) what may be done to preembryos before transfer; (2) whether all preembryos must be transferred; and (3) what may be done to preembryos that are not transferred (Ethics Committee of the American Fertility Society (AFS) 1986, p. 29S). Furthermore, emergency treatment of rape cases may also depend on such a determination. [End Page 1]Cryopreservation, which entails freezing unused preembryos for possible later use, is one example of a procedure that raises issues associated with the moral status of the preembryo. Cryopreservation decreases the number of stimulated egg recovery cycles a woman must undergo and increases flexibility in transfer protocols. But thawing of the preembryos is not a completely benign process; significant numbers of the preembryos die in the process and injury cannot be excluded.In addition, down the road a year or so lies preimplantation genetic diagnosis, now being tested in several centers of reproductive research. This would involve the removal of one or more cells from a preembryo developing in vitro. The DNA from these cells would be studied and then only genetically normal preembryos would be transferred. With the growth in knowledge about single gene defects and the rapid advance of amplification technology, which allows gene visualization, it is not difficult to imagine scientists embarking on a variety of micromanipulations of the preembryo for the sake of gaining knowledge.Not all research with gametes involves preembryos, but clearly some experiments and procedures await resolution of the moral status of the preembryo. I contend in this paper that the moral status—and specifically the controversial issue of personhood—is related to attainment of developmental individuality (being the source of one individual). This contrasts with the view that holds that personhood occurs earlier, at the point of genetic uniqueness. I believe that an embryo that has developed to the point where it can be one individual and one individual only, differs in moral status from a preembryo that has not, even if in many cases we may choose to treat them similarly.The Scientific UnderpinningsTwo things must be kept in mind—and in a sense, in tension—in turning to science for help in assessing the status of the preembryo. First, science is not competent to decide the question of personhood or ensoulment. As the Catholic document, Declaration on Procured Abortion, which I will return to later, notes: "It is a philosophical problem" (Congregation for the Doctrine of the Faith (CDF) 1974, p. 10, endnote 19). On the other hand, another Catholic document, Donum vitae(CDF 1987), notes that the conclusions of science provide a "valuable indication" for reason's deliberations about personhood. We might say that if science cannot decide the question of personhood, neither can it be decided without science.For my review of embryological science... (shrink)

Ame Naess, John Rodman, George Sessions, and others, designated herein as ecosophers, propose an egalitarian anti-anthropocentric biocentrism as a basis for a new environmental ethic. I outline their “hands-off-nature” position and show it to be based on setting man apart. The ecosophic position is thus neither egalitarian nor fully biocentric. A fully egalitarian biocentric ethic would place no more restrictions on the behavior of human beings than on the behavior of any other animals. Uncontrolled human behavior might lead to the (...) destruction ofthe environment and thus to the extinction of human beings. I thus conclude that human interest in survival is the best ground on which to argue for an ecological balance which is good both for human beings and for the whole biological community. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Against Ethical CriticismRichard A. PosnerOscar Wilde famously remarked that “there is no such thing as a moral or an immoral book. Books are well written, or badly written. That is all.” He was echoed by Auden, who said in his poem in memory of William Butler Yeats that poetry makes nothing happen (though the poem as a whole qualifies this overstatement), by Croce, and by formalist critics such as (...) Cleanth Brooks, a doyen of the New Critics, who insisted that edification was the function of religion but not of poetry. 1 George Orwell, though himself a didactic novelist, was of this view as well, 2 and it is one that most critics adopt when the issue is censorship. I accept Wilde’s thesis—the creed of aestheticism, of art for art’s sake—if understood to mean that the moral content and consequences of a work of literature are irrelevant to its value as literature; or as the critic Helen Vendler has put it, that “treating fictions as moral pep-pills or moral emetics is repugnant to anyone who realizes the complex psychological and moral motives of a work of art.” 3 This is not to deny that reading can have consequences, including moral and political ones. Information affects people’s outlook and behavior, and reading is a source of information. Imaginative literature conveys ideas, opinions, and information, often with great power. Think of the role that novels by Turgenev (Fathers and Sons), Dostoevsky (The Possessed), Conrad (The Secret Agent, Under Western Eyes), Koestler (Darkness at Noon), Orwell (Animal Farm, Nineteen Eighty-Four), and, of course, Solzhenitsyn played in exposing the horrors of anarchism and communism. Of A Passage to India it has been said that “as an account of the social conditions of British India it was powerful enough to have influenced events.” 4 Upton Sinclair’s novel The Jungle is thought to have incited federal regulation of food processing; and few doubt the effect of Uncle Tom’s Cabin (1852) on the abolitionist cause. [End Page 1]At the core of the aesthetic tradition, which I shall be defending in this essay particularly against its opponents in the “law and literature” movement, are three theses. First, immersion in literature does not make us better citizens or better people. One might be able to pick out some works of literature that would have such an effect because of the information they convey or the emotional state they induce, but they would constitute a skewed sample of literary works. Second, we should not be put off by morally offensive views encountered in literature even when the author appears to share them. A work of literature is not to be considered maimed or even marred by expressing unacceptable moral views; by the same token, a mediocre work of literature is not redeemed by expressing moral views of which we approve. The proper criteria for evaluating literature are aesthetic rather than ethical. Third, authors’ moral qualities or opinions should not affect our valuations of their works.The insistence, in short, is on the separation of the moral from the aesthetic—but with two qualifications. Some literature has little interest or value apart from the didactic and for it the proper criticism is didactic. And the separation of moral from aesthetic values is not a rejection of the former. The aesthetic outlook is a moral outlook, one that stresses the values of openness, detachment, hedonism, curiosity, tolerance, the cultivation of the self, and the preservation of a private sphere—in short, the values of liberal individualism.The counter tradition in literary criticism to the aesthetic originates with Plato and insists upon the importance, in some versions to the near or even total exclusion of anything else, of the ethical or political content and effects of works of literature, and less commonly of the author’s own morality. Martha Nussbaum, for example, deems Greek tragedies and Anglo-American realistic novels a part of moral philosophy. 5 Reading novels, she argues, “develops moral capacities without which citizens will not succeed in making reality out of the normative conclusions of any moral or political theory, however excellent.” 6 Wayne Booth, disagreeing with his illustrious... (shrink)

This book argues that language is a network of concepts which in turn is part of the general cognitive network of the mind. It challenges the widely-held view that language is an innate mental module with its own special internal organization. It shows that language has the same internal organization as other areas of knowledge such as social relations and action schemas, and reveals the rich links between linguistic elements and contextual categories. Professor Hudson presents a new theory of how (...) we learn and use our knowledge of language. He puts this to work in a series of extended explorations of morphology, syntax, semantics, and sociolinguistics. Every step of his argument and exposition is illustrated with examples, including the kind mainstream theory finds it hard to analyse. He introduces the latest version of his influential theory of Word Grammar and shows how it can be used to explain the operations of language and as a key to understanding the associated operations of the mind. (shrink)

Because little is known about the human trait of affiliation, we provide a novel neurobehavioral model of affiliative bonding. Discussion is organized around processes of reward and memory formation that occur during approach and consummatory phases of affiliation. Appetitive and consummatory reward processes are mediated independently by the activity of the ventral tegmental area (VTA) dopamine (DA)–nucleus accumbens shell (NAS) pathway and the central corticolimbic projections of the u-opiate system of the medial basal arcuate nucleus, respectively, although these two projection (...) systems functionally interact across time. We next explicate the manner in which DA and glutamate interact in both the VTA and NAS to form incentive-encoded contextual memory ensembles that are predictive of reward derived from affiliative objects. Affiliative stimuli, in particular, are incorporated within contextual ensembles predictive of affiliative reward via: (a) the binding of affiliative stimuli in the rostral circuit of the medial extended amygdala and subsequent transmission to the NAS shell; (b) affiliative stimulus-induced opiate potentiation of DA processes in the VTA and NAS; and (c) permissive or facilitatory effects of gonadal steroids, oxytocin (in interaction with DA), and vasopressin on (i) sensory, perceptual, and attentional processing of affiliative stimuli and (ii) formation of social memories. Among these various processes, we propose that the capacity to experience affiliative reward via opiate functioning has a disproportionate weight in determining individual differences in affiliation. We delineate sources of these individual differences, and provide the first human data that support an association between opiate functioning and variation in trait affiliation. Key Words: affiliation corticolimbic-striatal networks; appetitive and consummatory reward; dopamine; oxytocin; personality; social bonds; social memory; u-opiates. (shrink)

In this paper, I want to explore the relationship between the various forms of individual self-interest and the appropriate structures of government. I shall begin with the former, and by degrees extend the analysis to the latter. I do so in order to mount a defense of principles of limited government, private property, and individual liberty. The ordinary analysis of self-interest treats it as though it were not only a given but also a constant of human nature, and thus makes (...) few allowances for differences between persons. Yet common experience tells us that personality and behavior are as unique as fingerprints. The positive inquiry, therefore, is how we find what is constant about self-interest in a world of natural human diversity. The normative inquiry must take into account both the constant and variable features of human nature in order to determine what forms of social arrangements hold the greatest prospect of long-term social advantage. The gulf between ‘is’ and ‘ought’ must be overcome here, as it must be in all normative discourse. Yet we cannot make sensible judgments of what ought to be the case in the domain of rules unless we first have some idea of what is the case in the domain of behavior. The initial inquiry asks why self-interest is regarded as a constant of human behavior. The explanation derives more from the biological and less from the social. The powerful pressures of natural selection weed out any organisms for whom selfinterest is not the paramount consideration. (shrink)

The training and experience of such academic philosophers as Richard Rorty and Hilary Putnam do not equip them with the economic and other social‐scientific tools necessary to make useful contributions to political discussion. In the case of Rorty, this has resulted in his being unable to make effective ripostes to left‐wing critics of his defense of “bourgeois liberalism,” his uncritical endorsement of simplistic arguments for social reform, and his embrace of false prophecies of doom, such as those found in (...) Orwell's novel Nineteen Eighty‐Four. Moreover, his disdain for “theory” has blinded him to the utility of mid‐level theories, such as those of economics, in dealing with concrete social problems. (shrink)

Modern biological classification is based on the system developed by Linnaeus, and interpreted by Darwin as representing the tree of life. But despite its widespread acceptance, the evolutionary interpretation has some problems and limitations. This comprehensive book provides a single resource for understanding all the main philosophical issues and controversies about biological classification. It surveys the history of biological classification from Aristotle to contemporary phylogenetics and shows how modern biological classification has developed and changed over time. Readers will also be (...) able to see how biological classification is in part a consequence of human psychology, language development and culture. The book will be valuable for student readers and others interested in a range of topics in philosophy and biology. (shrink)

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law.