Most hospitals are considered charities under common law because they were established for the benefit of the public. The law granted them benefits, but also imposed duties. Under the cy-pres doctrine, if a charitable purpose becomes obsolete or incapable of being carried out, the court could modify those purposes to meet current needs of the organization and the community. Modern laws attempt to find a purpose as near as possible to original purposes set up by donors. In the case of (...) hospital conversion, some regulators say assets must be used to support hospital health care, while others say they can be used in the broad sense of health care. That has been a continuing conflict between communities and regulators.Since 1996, 30 conversion statutes have been enacted, covering hospitals, HMOs, and insurers. (shrink)

Most hospitals are considered charities under common law because they were established for the benefit of the public. The law granted them benefits, but also imposed duties. Under the cy-pres doctrine, if a charitable purpose becomes obsolete or incapable of being carried out, the court could modify those purposes to meet current needs of the organization and the community. Modern laws attempt to find a purpose as near as possible to original purposes set up by donors. In the case of (...) hospital conversion, some regulators say assets must be used to support hospital health care, while others say they can be used in the broad sense of health care. That has been a continuing conflict between communities and regulators.Since 1996, 30 conversion statutes have been enacted, covering hospitals, HMOs, and insurers. (shrink)

COnstantien Sandis speaks to Nassim Taleb about inductive knowledge,black swans, Hume, Popper, and Wittgenstein.

This paper examines the relation between the various forces which underlie human action and verbal reports about our reasons for acting as we did. I maintain that much of the psychological literature on confabulations rests on a dangerous conflation of the reasons for which people act with a variety of distinct motivational factors. In particular, I argue that subjects frequently give correct answers to questions about the considerations they acted upon while remaining largely unaware of why they take themselves to (...) have such reasons to act. Pari passu, experimental psychologists are wrong to maintain that they have shown our everyday reason talk to be systematically confused. This is significant because our everyday reason-ascriptions affect characterizations of action that are morally and legally relevant. I conclude, more positively, that far from rendering empirical research on confabulations invalid, my account helps to reveal its true insights into human nature. (shrink)

The Things We Do and Why We Do Them argues against the common assumption that there is a kind of thing called "action" which all reason-giving explanation of action are geared towards. Sandis explains why all theories concerned with the form which any such explanation must take fail from the outset, and shows how various debates on the nature of so-called motivating reasons only arise because the participants all share a number of mistaken views which follow from the basic assumption (...) under attack. In so doing, he urges philosophers and psychologists alike to stop asking whether the explanation of action is causal, and to focus instead on its multifarious objects. This book will appeal to anyone interested in motivational psychology, the reasons for which we act, and the philosophy of explanation in general. (shrink)

This volume brings together a collection of essays on the history and philosophy of probability and statistics by one of the eminent scholars in these subjects. Written over the last fifteen years, they fall into three broad categories. The first deals with the use of symmetry arguments in inductive probability, in particular, their use in deriving rules of succession. The second group deals with four outstanding individuals who made lasting contributions to probability and statistics in very different ways: Frank Ramsey, (...) R. A. Fisher, Alan Turing, and Abraham de Moivre. The last group of essays deals with the problem of 'predicting the unpredictable' - making predictions when the range of possible outcomes is unknown in advance. The essays weave together the history and philosophy of these subjects and document the fascination that they have exercised for more than three centuries. (shrink)

A solid cast of contributors present the first collection of essays on the Philosophy of Action.

This paper has the aim of making Johannes von Kries’s masterpiece, Die Principien der Wahrscheinlichkeitsrechnung of 1886, a little more accessible to the modern reader in three modest ways: first, it discusses the historical background to the book ; next, it summarizes the basic elements of von Kries’s approach ; and finally, it examines the so-called “principle of cogent reason” with which von Kries’s name is often identified in the English literature.

On most accounts present in the literature, the complex experience of shame has the injury to self-esteem as its main component. A major objection to this idea is that it fails to differentiate between shame and disappointment in oneself. I argue that previous attempts to respond to the objection are unsatisfactory. I argue further that the distinction should refer to the different ways the subject’s self-esteem is formed. A necessary requirement for shame is that the standards and values by which (...) the subject judges himself are borrowed from a canon of values the subject accepts as a given. The proper focus of shame is the fact of conformity to that canon. Those agents who have a different conception of self-esteem and who freely set and alter their own values are prone to self-disappointment, but not to shame. (shrink)

Moral particularism is often conceived as the view that there are no moral principles. However, its most fêted accounts focus almost exclusively on rules regarding actions and their features. Such action-centred particularism is, I argue, compatible with generalism at the level of character traits. The resulting view is a form of particularist virtue ethics. This endorses directives of the form ‘Be X’ but rejects any implication that the relevant X-ness must therefore always count in favour of an action.

The anthology contains twenty-two essays and is divided into two parts. The essays are, in the main, critical responses to aspects of what has come to be known in action theory as the ‘Standard View’ – the view that traces back to Donald Davidson's contribution to twentieth-century philosophy of action. The view under criticism treats actions as bodily movements caused in a non-deviant way by belief–desire pairs, construes these belief–desire pairs as the primary reasons for the actions that they cause, (...) and embraces event-causality.The issue of how we should conceive of action is taken up in several essays. For example: in Essay 1, Fred Dretske challenges the view that actions are external events that are the effect of the reasons for which the action is done. In Essay 16, Helen Steward, proposes that, instead of treating the availability of a reason-giving explanation as essential to action, we should construe action as ‘an exercise of the power of bodily control by an animal’. In Essay 21, Jonathan Dancy argues for a deflationary approach to actions, which forgoes treating actions ‘as individuals, with identity conditions’.Other authors – for example, Stephen Everson, Rowland Stout and Maria Alvarez – focus on the issue of what reasons for action are. Are they psychological states, or propositions, or states of affairs? Also under review is how to distinguish different kinds of reason: normative and explanatory reasons, and even explanatory and motivating reasons. (shrink)

Constantine Sandis argues for a holistic approach to museums.

In this paper I formulate the thesis of the Division of Epistemic Labor as a thesis of epistemic dependence, illustrate several ways in which individual subjects are epistemically dependent on one or more of the members of their community in the process of knowledge acquisition, and draw conclusions about the cognitively distributed nature of some knowledge acquisition.

Hinge Epistemology is rapidly becoming one of the most exciting areas of epistemology and Wittgenstein studies. In connecting these two fields it brings a revived energy to both, opening them up to fresh developments. The essays in this volume extend the subject in terms of both depth and breadth. They present new voices and challenges within hinge epistemology. They explore new applications and directions of hinge epistemology, particularly as it relates to the philosophy of mind, society, ethics, and the history (...) of ideas. (shrink)

Seeing Evangeline: Where others pass by, seeing nothing but dead leaves or scattered branches, Sandi Greene discovers rare images of beauty, images that awaken memories of people and stories, images that leap forward to revelations of what might be and has been. In this rare collection of photographic images, the artist shares with us her moments of awakening, her revelations.

What can nurse scientists learn from Rorty in the development of a philosophical foundation? Indeed, Rorty in his 1989 text entitled Contingency, Irony, and Solidarity tantalizes the reader with debates of reason 'against' philosophizing. Forget truth seeking; move on to what matters. Rorty would rather the 'high brow' thinking go to those that do the work in order to make the effort useful. Nursing as an applied science, has something real that is worth looking at, and that nurse researchers need (...) to think about. And as a profession built upon relationships, we should be thinking of the exchanges we have with those around us, of the contrasts in vocabularies used and of the contingencies involved, letting this launch us into our imaginings and areas of enquiry. The business of nurse researchers is to study what nurses do – how we care; Rorty would have us care. But, not to dismiss the reflective thinker as Rorty advocates for the self-doubting ironist to continue to seek the final vocabulary, the ideal of what 'this' means, accepting this as the best to be offered at the time. As a science struggling to find foundation, we need only to look at what we do and value – as antifoundational as Rorty portrays himself, Rorty 'ironically' may have revealed a foundation for nursing science that is consistent with its path. (shrink)

Volume 23, Issue 2, June 2020, Page 180-186.

This paper introduces an innovative curricular approach—the Health Humanities Portrait Approach —and its pedagogical tool—the Health Humanities Portrait. Both enable health professions learners to examine pressing social issues that shape, and are shaped by, experiences of health and illness. The Portrait Approach is grounded in a set of “critical portraiture” principles that foster humanities-driven analytical skills. The HHP’s architecture is distinctively framed around a pressing social theme and utilizes a first-person narrative and scholarship to explore how the dimensions of the (...) personal and the structural are mutually constituted. We argue that when creator-educators adopt the Portrait Approach and its critical portraiture principles to design and teach the HHP, they enable learners to become proficient in synthesizing and analyzing—with both depth and breadth—the human and social dimensions of patients’ lives. This inventive curricular intervention provides a needed contribution to health professions education in that it utilizes health humanities methodologies to elucidate the multiple aspects of health, illness, disability, and healthcare. (shrink)

Sandys, Sir John Edwin. Aristotle's Constitution of Athens. A Revised Text with an Introduction Critical and Explanatory Notes Testimonia and Indices. Second edition, Revised and Enlarged. London: Macmillan & Co., Limited, 1902. xcii, 331 pp. Frontis. Illus. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-23952. ISBN 1-58477-004-X. Cloth. $75. * By the author of the standard comprehensive history of classical scholarship, A History of Classical Scholarship. This scholarly examination of the textual evidence of the papyrus of what is known (...) to be Aristotle's Constitution of Athens, which dated from 328 and 325 B.C., is enhanced by notes that pertain to the legal aspects of the work. A thorough introduction surveys Greek political literature prior to Aristotle's time and that ascribed to him, and concludes with a history of the Constitution itself. While other scholars may have already deciphered the papyrus, this work is distinguished by the provision of the text with critical notes on each page, followed by the Testimonia, which contain further evidence on the text, in the form of quotations in Greek, often providing passages in full for immediate reference. With a bibliography and English as well as Greek index. (shrink)

Wittgenstein teaches us that, contrary to current philosophical and scientific trends, the understanding of others is not to be achieved through some kind of emotional tool providing an access-pass to otherwise hidden ‘mental contents’. This insight goes against the popular grain of empathy as a form of informational ‘mindreading’, founded upon John Locke’s assumption that understanding another is a matter of obtaining and decoding the stored in their mind. We would do best to replace this radically distorted account of what (...) it takes to understand others with a stance that places priority on shared aspects of our lives. Only then can we even begin to try and tackle our moral, cultural, religious, and socio-political differences. (shrink)

L’espace parents dans la séparation ( eps ) de Mons (Belgique) est un dispositif d’accueil des parents en situation de séparation hautement conflictuelle. Le travail s’élabore autour de la réflexion commune avec les parents sur la qualité de la relation coparentale dans l’intérêt des enfants. Cet article vise à expliciter les processus et les outils utilisés dans le cadre de l’ eps. Après avoir développé les ancrages épistémologiques et le dispositif en lui-même, les auteurs proposent de montrer, au travers d’une (...) illustration clinique, les processus en place dans la construction de « l’équipe parentale ». (shrink)

The aim of this paper is to defend a novel characterization of epistemic luck. Helping myself to the notions of epistemic entitlement and adequate explanation, I propose that a true belief suffers from epistemic luck iff an adequate explanation of the fact that the belief acquired is true must appeal to propositions to which the subject herself is not epistemically entitled. The burden of the argument is to show that there is a plausible construal of the notions of epistemic entitlement (...) and adequate explanation on which the resulting characterization of epistemic luck, though admittedly programmatic, has several important virtues. It avoids difficulties which plague modal accounts of epistemic luck; it can explain the conflicting temptations one can feel in certain alleged cases of epistemic luck; it offers a novel account of the value of knowledge, without committing itself to any particular analysis of knowledge; and it illuminates the significance for epistemology of the phenomenon of epistemic luck itself. (shrink)

Tracking the career development of a Nursery Nurse into a managerial role, this book: Clearly identifies and explains the managerial roles of team leader, senior supervisor, deputy and manager Focuses on the sudden change that takes place as you transcend from colleague to boss Offers advice on what is expected from you as you move into a managerial role Chris Ashman is Senior Manager at Bridgewater college, Somerset and has ten years experience teaching childcare and managing. He also writes course (...) content for the FE sector. Sandy Green is an Early Years Consultant and Trainer in south-west England. (shrink)

This paper argues for a novel interpretation of Hume's account of motivation, according to which beliefs can (alone) motivate action though not by standing as reasons which normatively favour it. It si then suggested that a number of contemporary debates about concerning the nature of reasons for action could benefit from such an approach.

The concept of cultural safety offers a unique approach to nursing practice, based on recognition of the power differentials inherent in any interaction. It is from within the context of nursing in Aoteaoroa/New Zealand (A/NZ) that the concept developed and was subsequently integrated into nursing education. Cultural safety is based within a framework of biculturalism, and is congruent with the tenets of the nation's founding document, the Treaty of Waitangi. Clarification of the concept is offered, together with a review of (...) the historical shift in nursing attitudes that has led to the emergence of ‘cultural safety’ as a viable and valued component of nursing practice.The argument is made that cultural safety has allowed for a more reflective, critical understanding of the actions of nursing to develop. This includes recognition that nurses’ attitudes and values have inevitably been influenced by social and political forces, and as such are in part reflective of those within the wider community. Comparison between the support given by nurses in the early 1900s to the theory of eugenics and the current acceptance of cultural safety is used to highlight this point. An examination of the literature identifies that ideological and conceptual changes have occurred in the approach of A/NZ nurses to issues with cultural implications for practice. A review of background factors relating to Maori health status and the Treaty of Waitangi is presented as a necessary context to the overall discussion.The discussion concludes with an acknowledgement that while the rhetoric of cultural safety is now part of nursing culture in New Zealand, there is no firm evidence to evaluate its impact in practice. Issues identified as impacting on the ability to assess/research a concept, such as cultural safety, are discussed. For cultural safety to become recognised as a credible (and indispensable) tool, it is necessary to further examine the ‘end-point’ or ‘outcomes’ of the process. (shrink)

This chapter describes the logic of inductive inference as seen through the eyes of the modern theory of personal probability, including a number of its recent refinements and extensions. The structure of the chapter is as follows. After a brief discussion of mathematical probability, to establish notation and terminology, it recounts the gradual evolution of the probabilistic explication of induction from Bayes to the present. The focus is not in this history per se, but in its use to highlight the (...) key assumptions, criticisms, refinements, and achievements of that theory. Along the way, the structure of the modern theory is presented, and its relation to the problem of induction discussed. (shrink)

Make happy clients of brand-new parents, and you're on your way to chronicling that baby's entire life with your camera. Sandy Puc' knows the secrets, and shares them in this guide.

Some theorists are bewildered by the effectiveness of mathematical concepts. For example, Steiner attempts to show that there can be no rational explanation of mathematical applicability in physics. Others (notably Penrose) are concerned primarily with the unexpected effectiveness within mathematics. Both views consist of two parts: a puzzle and a positive solution. I defend their paradoxical parts against the sceptics who do not believe that the very problem of effectiveness is a genuine one. Utilising Horwich’s theory of surprise, I argue (...) that the central cases of effectiveness discussed by Steiner and Penrose are indeed surprising and call for an explanation. (shrink)

Since van Fraassen first put forward the suggestive idea that many philosophical positions should be construed as ‘stances’ rather than factual beliefs, there have been various attempts to spell out precisely what a philosophical stance might be, and on what basis one should be adopted. In this paper I defend a particular account of stances, the view that they are pragmatically justified perspectives or ways of seeing the world, and compare it to some other accounts that have been offered. In (...) Sect. 2 I consider van Fraassen’s argument for construing empiricism as a stance, and look at some responses to it. In Sect. 3 I outline my conception of stances as perspectives or ways of seeing, and explain how stances so understood may be justified. I illustrate this conception by way of a discussion of the model pluralist position with respect to the units of selection debate in biology, and suggest that on the model pluralist view different perspectives on the units of selection, such as the gene’s eye view, are in fact van Fraassian stances. In Sect. 4 I discuss the view put forward by Teller and Chakravartty among others that stances should be understood as epistemic policies, and argue that it is consistent with the conception of stances as perspectives. In the final section I criticise Rowbottom’s attempt to assimilate stances to Kuhnian paradigms. I argue that he has overlooked some important disanalogies between stances and paradigms, so that the comparison obscures more than it reveals. (shrink)

In the context of the mandated phaseout of methyl bromide, California’s strawberry industry has increased its use of chloropicrin, another soil fumigant that has long been on the market. However, due to its 2010 designation as a toxic air contaminant, the US Environmental Protection Agency and California’s Department of Pesticide Regulation have developed enhanced application protocols to mitigate exposures of the chemical to bystanders, nearby residents, and farmworkers. The central feature of these mitigation technologies are enhanced buffer zones between treated (...) fields and nearby buildings. Not only do buffer zones inherently privilege neighbors over farmworkers, but the determinations of the size of these buffer zones are also based on acceptable threshold levels and probabilities that allow significant exposures to those they are designed to protect. Moreover, these protocols require human monitors to detect sensory irritation. While the science and technology studies literature is highly useful for understanding the inextricability of science and politics in developing protective measures and is attentive to what counts as data in setting acceptable thresholds, it tends to overlook that social sorting is intrinsic to such regulation. We thus turn to Foucault’s biopolitics to make sense of regulations that are designed to protect but inherently allow some to become ill. Doing so illuminates how determinations of the bright line are at once technical–political as well as implicit decisions about whose bodies count. (shrink)

In his first paper, ‘Must We Mean What We Say?’, Stanley Cavell defended the methods of ordinary language philosophy against various charges made by his senior colleague, Benson Mates, under the influence of the empirical semantics of Arne Naess.1 Cavell’s argument hinges on the claim that native speakers are a source of evidence for 'what is said' in language and, accordingly, need not base their claims about ordinary language upon evidence. In what follows, I maintain that this defence against empirical (...) semantics applies equally well to experimental philosophy's attack on doing philosophy from the armchair. In so doing, I attempt to clarify – and adjust – Cavell's claim that statements about ordinary language are rule-descriptions that are neither analytic nor synthetic. (shrink)

This paper argues that Hitchcock's so-called 'Freudian' films (esp. Spellbound, Psycho, and Marnie) pay tribute to the cultural magnetism of Freud's ideas whist being critical of the tehories themselves.

This paper uses analogies between Socratic and Wittgenseinian dialogues to argue that analytic philosophy of history should not be abandoned. -/- In their responses to my paper ‘In Defence of Four Socratic Doctrines’ James Warren and John Shand raised a number of important methodological objections, relating to the study of the history of philosophy. I here respond by questioning the supremacy of contextualist history of philosophy over the so-called ‘analytic’ approach. I conclude that the history of ideas had better leave (...) space for both approaches, and that it is a mistake to think of each as being in competition with the other. (shrink)