There is a disconnect between the academy on the one hand, and the public, the Congress, and the courts on the other, with regard to punishment in the United States. The academy has highlighted the extraordinarily troubling implications of the mass imprisonment of the past two decades, the racial disparities, the social dislocation to poor communities and communities of color, the impact on this democracy of felon disenfranchisement, the extent to which retribution has surpassed all other purposes of punishment, displacing (...) any effort to determine "what works" to reduce crime. But the public is barely a participant in these discussions. If it reads the tabloids, watches television, or surfs the internet, it hears an entirely different story, a story about dangerous crime rates and impending doom, a story about fear and retribution. And so long as it hears that story, it will support ever more punitive laws, and rail against judges who are widely perceived to be lenient.The story is in fact more complex, the proverbial "good news" and "bad news." The good news is that the public may not be as punitive as the media and politicians suggest, if they are given the facts. They understand sentencing and individualized treatment. They can tell the difference between the king pin and the mule, between the postal worker who steals a check and the Enron executive who rapes a company. The bad news is that courts, who know the individual facts, nevertheless face extraordinary pressures to be tough, no matter what the offense. (shrink)

This collection is the final volume of a four book survey of the state of phenomenology fifty years after the death of Edmund Husserl. Its publication represents a landmark in the comprehensive treatment of contemporary phenomenology in all its vastness and richness. The diversity of the issues raised here is dazzling, but the main themes of Husserl's thought are all either explicitly treated, or else they underlie the ingenious approaches found here. Time, historicity, intentionality, eidos, meaning, possibility/reality, and teleology are (...) the main concerns of this collection devoted to studies in aesthetics, metaphysics and literary interpretation, written by such authors as, among others, R. Cobb-Stevens, C. Moreno Marquez, J. Swiecimski, Sitansu Ray and M. Kronegger. These original studies of phenomenological aesthetics and literary theory by scholars from all parts of the world were gathered by the World Institute for Advanced Phenomenological Research and Learn ing during the year 1988/89 during its assessment of the phenomeno logical movement, fifty years after Husserl's death. IX A -T. Tymieniecka (ed.), Analecta Husserliana, Vol. XXXVII, ix. (shrink)

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

Despite historic efforts to enact the Patient Protection and Affordable Care Act in 2010, national health reform is threatened by multiple legal challenges grounded in constitutional law. Premier among these claims is the premise that PPACA’s “individual mandate” is constitutionally infirm. Attorneys General in Virginia and Florida allege that Congress’ interstate commerce powers do not authorize federal imposition of the individual mandate because Congress lacks the power to regulate commercial “inactivity.” Stated simply, Congress cannot regulate individuals who choose not to (...) obtain health insurance because they are not engaged in a commercial venture. Several courts initially considering this argument have rejected it, but two federal district courts in Virginia and Florida have concurred, leading to numerous appeals and the near promise of United States Supreme Court review. (shrink)

Its broad, winding river, crossed by a multitude of bridges; its surrounding hills, amongst which stands conspicuous the long line of the Hradcine, topped by a continuous stretch of stately buildings with the cathedral of St. Vitus towering above them; the wide expanse of its numerous streets, over which rise the spires of many churches, ancient towers, and the lofty walls of numerous municipal and university buildings; the long history to which its architecture bears everywhere striking witness and of which (...) its inhabitants are justly proud, rendered the city of Prague a no less fitting background for the eighth philosophical Congress than that which Oxford provided four years ago for the seventh. Nor was the hospitality which Czechoslovakia offered to its members a whit less cordial or less generous than that of England. The delegates who gathered together from all parts of Europe, from America, China, and from Japan, were welcomed both by the Minister for Foreign Affairs, Dr. Beneš by the Minister of Public Instruction, Dr. Krčmář, by the Mayor of Prague; and, were it not for his unfortunate illness, would have been received by the President of the Republic himself. The Společenský club was placed at their disposal. They were entertained at the Foreign Office to tea, and at the palace of the President to supper by his daughter, Dr. Alice Masaryk. Their railway fares and even their tram fares were considerably reduced. On Thursday they were conveyed by motor-cars to Konopišté, a beautiful castle, soaring above pine forests and overlooking an extensive lake, formerly the residence of the Archduke Franz-Ferdinand, now taken over by the State, but maintained exactly as it was when the unfortunate heir of the Emperor Franz-Joseph was living there. The arrangements for the Congress were excellent, thanks to its President, Dr. Rádl, and to an extremely efficient organizing committee which placed itself unreservedly and unremittingly at the disposal of the 350 active and 150 associated members who attended the various meetings. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's “individual mandate” (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial “inactivity.” Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. (...) Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. (shrink)

The political independence of the United States of America was proclaimed in a Declaration of Independence by the Second Continental Congress, in Philadelphia, on July 4, 1776. Thomas Jefferson drafted the document, and the changes made in the text reflected the struggle among different factions in the revolutionary camp. Jefferson's initial version was fundamentally retained, however; and that is precisely what makes the Declaration of Independence not merely a legal document but a vivid example of a bourgeois revolutionary program expressing (...) in concentrated form the ideology of the radical wing of the American Enlightenment. The form of the Declaration was an address to world public opinion explaining the causes and bases for the decisive political break of the 13 British colonies with the home country. In fact it provided a general philosophical justification for the validity of revolutionary change in the social order by the people. The Declaration became the legal ground for the American system of government, sanctioning its independence and serving as the basis for the documents of a constitutional nature that followed. The treatment of the nature of man and his rights is the most important feature of the revolutionary conclusions of the Declaration. (shrink)

A compilation of selected papers presented at the 1989 Charles S. Pierce International Congress Interest in Charles Sanders Peirce (1839-1914) is today worldwide. Ernest Nagel of Columbia University wrote in 1959 that "there is a fair consensus among historians of ideas that Charles Sanders Peirce remains the most original, versatile, and comprehensive philosophical mind this country has yet produced." The breadth of topics discussed in the present volume suggests that this is as true today as it was in 1959. Papers (...) concerning Peirce's philosophy of science were given at the Harvard Congress by representatives from Italy, France, Sweden, Finland, Korea, India, Denmark, Greece, Brazil, Belgium, Spain, Germany, and the United States. The Charles S. Peirce Sesquicentennial International Congress opened at Harvard University on September 5, 1989, and concluded on the 10th—Peirce's birthday. The Congress was host to approximately 450 scholars from 26 different nations. The present volume is a compilation of selected papers presented at that Congress. The philosophy of science and its logic are themes in the work of Charles Peirce that have been of greatest interest to scholars. Peirce was himself a physical scientist. He worked as an assistant at the Harvard Astronomical Observatory from 1869 to 1872 and made a series of astronomical observations there from 1872 to 1875. Solon I. Bailey says of these observations, "The first attempt at the Harvard Observatory to determine the form of the Milky Way, or the galactic system, was made by Charles S. Peirce....The investigation was of a pioneer nature, founded on scant data." Peirce also made major contributions in fields as diverse as mathematical logic and psychology. C. I. Lewis has remarked that "the head and font of mathematical logic are found in the calculus of propositional functions as developed by Peirce and Schroeder." Peirce subsequently invented, almost from whole cloth, semiotics - the science of the meaning of signs. Ogden and Richards, the British critics, say that "by far the most elaborate and determined attempt to give an account of signs and their meanings is that of the American logician C. S. Peirce, from whom William James took the idea and the term Pragmatism, and whose Algebra of Dyadic Relations was developed by Schroeder.". (shrink)

Over the past decade or so, no issue in medical ethics or bioethics law has raised more concerns about federal intervention in the practice of medicine, about judicial attempts to craft health policy, or about the wisdom of public mandates directing specific health care initiatives than the issue of physician-assisted suicide. State voter referenda, lower and federal court cases, proposed legislation in both houses of Congress, and orders and determinations from agencies within the executive branch of two administrations are representative (...) of the kinds of actions taken in the last ten years implicating medical care at the end of life. Whether the intent was to codify into law physician-assisted suicide, to deny a constitutional right of assisted suicide, or to make “easier” physicians' efforts to alleviate intractable suffering at the risk of hastening death, or to prohibit physician aid in dying altogether, the impact on the patient-doctor relationship and on our understanding of what constitutes dignified and humane care at the end of life is undeniable. (shrink)

Over the past decade or so, no issue in medical ethics or bioethics law has raised more concerns about federal intervention in the practice of medicine, about judicial attempts to craft health policy, or about the wisdom of public mandates directing specific health care initiatives than the issue of physician-assisted suicide. State voter referenda, lower and federal court cases, proposed legislation in both houses of Congress, and orders and determinations from agencies within the executive branch of two administrations are representative (...) of the kinds of actions taken in the last ten years implicating medical care at the end of life. Whether the intent was to codify into law physician-assisted suicide, to deny a constitutional right of assisted suicide, or to make “easier” physicians' efforts to alleviate intractable suffering at the risk of hastening death, or to prohibit physician aid in dying altogether, the impact on the patient-doctor relationship and on our understanding of what constitutes dignified and humane care at the end of life is undeniable. (shrink)

The Trans-Pacific Partnership was negotiated with participation of the U.S. representatives from 2008. It was discussed not only in terms of the economic consequences of it. The proponents of signing TPP claimed that it would strengthen the alliances in Asia-Pacific region, curtail the Chinese influences and let the U.S. establish the global trade rules for the future. The debate on this issue took place in the Congress, also the front runners of the presidential elections of 2016 expressed their standpoints. The (...) attitude of public opinion will be also presented as well as the position of Donald Trump which resulted in the withdrawal of the United States from the agreement once he became the President of the U.S. (shrink)

At this stage of evolution of our discipline, philosophy of science, there seems no single great theme that has attracted the attention of most practitioners in the field. Rather, scholarly works in the field are quite diffused. Traditional topics, such as reductionism and the unity of science, remain to be carefully examined from various perspectives. The debate over realism versus instrumentalism, although dismissed by some as uninteresting and unproductive, is still taken by many active scholars as vital in our understanding (...) of the nature of scientific theories and in our appraisal of scientific enterprise. Of course, the new spirit of our times has also shown itself, sometimes in the discussion of some major theses in the post-empiricist philosophy of science, such as incommensurability, underdetermination and constructivism, on the basis of detailed examination of scientific materials, other times in the shift of the attention from static aspects of science, such as theory justification and the nature of explanation, to more dynamic aspects, such as negotiations within a scientific community and its function and role in the development of science. Even more to the point in this regard is the great attention paid to the place science has occupied in modernity, the defect of modernist understanding of science and its possible remedy. Not surprisingly, this current state of affairs in our field has also manifested in the essays collected in this volume of contributions to the Twentieth World Congress of Philosophy. Thus, an inspection of these essays, although it will not provide us with a focus of the discipline, may give us some sense as to what is going on in the field. (shrink)

The Foucaultian sociologist Nikolas Rose has influentially argued that psychosocial technologies have offered means through which the ideals of democracy can be made congruent with the management of social life and the government of citizens in modern western liberal democracies. This interpretation is contested here through an examination of the 1948 International Congress on Mental Health held in London and the mental hygiene movement that organized it. It is argued that, in Britain, this movement’s theory and practice represents an uneasy (...) and ambiguous attempt to reconcile visions of ‘the modern’ with ‘the traditional’. The mental hygienist emphasis on the family is central. Here it appears as a forcing-house of the modern self-sustaining individual. Mental hygienists cast the social organization of ‘traditional’ communities as static, with rigid authority frustrating both social progress and the full emergence of individual personality. Yet mental hygienists were also concerned about threats to social cohesion and secure personhood under modernity. If the social organization of ‘traditional’ communities was patterned by the archetype of the family, with its personal relations of authority, mental hygienists compressed these relations into the ‘private’ family. Situated here they became part of a developmental process of mental adjustment through which ‘mature’, responsible citizens emerged. This reformulation of the family’s centrality for the social order informed mental hygienist critiques of the growth of state power under existing forms of democracy, as well as suspicion of popular political participation or protest, and of movements towards greater egalitarianism. (shrink)

Where might one start? Of “education,” the Latinate etymology is evocative: to draw out, draw away from, draw forth. The echoes are linear. Ex tenebras lux, from the shadows of ignorance to the luminosity of knowing, a path towards experience out of innocence. That path has its symbolic origin in the library of third and second century B.C. Alexandria, where Aristophanes of Byzantium and Aristarchus of Samothrace first coined the word canon, as the mark of a standard of excellence. In (...) that library we would have found the Aristotelian texts summoning the human race to immortality, through an education that alone can lead us from the conditions of bestiality to those of divinity. Political order rests on an education in harmony with the constitutional structure of the city state; ultimately however eudaimonia, the highest joy known to man, lies in the educated exercise of the soul’s faculties in conformity with the most perfect virtue through philosophical contemplation. Here is the telos of the pedagogic journey. (shrink)

The only encounter of the Czech philosopher and Communist official Arnošt Kolman with Bertrand Russell at the Tenth International Congress of Philosophy in Amsterdam in 1948 was unfortunate. Kolman’s paper, “The Tasks of Contemporary Philosophy in the Struggle for New Humanism”, aroused a vitriolic rejoinder by Russell. However, the text of the paper as published in the congress Proceedings has a conciliatory tone. This version could not have aroused such a reaction. There is, however, an article, with a similar title, (...) published in Czech in 1948, stating that this is Kolman’s paper from the congress. I argue that this article more likely reflects what Kolman actually said at the Congress. Finally, I provide an English translation of this article. (shrink)

The potato blight that struck Ireland in 1845 led to ineffable suffering that sent shockwaves throughout the Anglosphere. The Irish Famine is deemed to be the first national calamity to attract extensive help and support from all around the world. Even though the Irish did not receive adequate support from the British government, their ordeal was mitigated by private charity. Without the donations from a great number of individuals, the death toll among the famished Irishmen and Irishwomen would have been (...) definitely higher. The greatest and most generous amount of assistance came from the United States. In spite of the fact that the U.S. Congress did not decide to earmark any money for the support of famine-stricken Ireland, the horrors taking place in this part of the British Empire pulled at American citizens’ heartstrings and they contributed munificently to the help of the Irish people. Aiding Ireland was embraced by the American press, which, unlike major British newspapers, lauded private efforts to bring succour to the Irish. Such American newspapers as the Daily National Intelligencer, the New York Herald and the Liberator encouraged their readers to contribute to the relief of Ireland and applauded efforts to help the Irish. The aim of this essay is to argue that the American press, in general, played a significant role in encouraging private charity in the United States towards the Irish at the time of An Gorta Mór and, thus, helped to save many lives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Historical Representation and the Nation-State in Romantic Belgium (1830–1850)Jo TollebeekThe transformation of the Ancien Régime society of estates into the modern state system as it exists in Europe today was concluded during the “long nineteenth century.” This process of transformation came about in two waves. In a first wave—during the decades preceding and following the French Revolution, roughly the years 1780-1848—the framework for the nation-state was created. It was (...) mainly the liberal bourgeoisie which stood at the forefront. After the Congress of Vienna, where the “ante bellum” situation had been restored, it led more or less successful national revolutions in Germany, Italy, Spain, Belgium, and Poland. In a second wave, starting with the Franco-Prussian War of 1870 and ending with the First World War, the framework of the nation-state was filled in. In those years a growing number of social groups found accommodation in the liberal house, which they also managed thoroughly to rebuild. This period can be described as the phase of integrated nationalism.Together with the nation-state came the rise of modern national his-toriography. The most well-known exponents of this typically nineteenth-century genre were the monumental outlines of national pasts which started appearing from 1890 onward. Karl Lamprecht in Germany (Deutsche Geschichte, 1890–1909), Pieter Jan Blok in the Netherlands (Geschiedenis van het Nederlandsche Volk, 1892–1908), Henri Pirenne in Belgium (Histoire de Belgique, 1900–1932), and Ernest Lavisse and his collaborators in France (Histoire de France, 1901–11) all gave their respective countries’ pasts an impressive, scholarly design. The first phase of the emergence of the nation-state, however, was also ac-companied by a stream of national histories. Johannes von Müller in Switzerland (Geschichten Schweizerischer Eidgenossenschaft, 1786–1808), Simonde de [End Page 329] Sismondi in Italy (Histoire des Républiques italiennes du Moyen Age, 1807–18), Augustin Thierry in France (Lettres sur l’Histoire de France, 1820–27), and Willem Bilderdijk in the Netherlands (Geschiedenis des Vader-lands, posthumously 1833–53) all became authors of patriotic and romantically tinted surveys and studies of (fragments from) their own national history.The work of this second group of historians fits with the cultural nationalism which took root during the last decades of the eighteenth and the beginning of the nineteenth centuries and which is sometimes considered to have been the heart of romantic nationalism. 1 The supporters of this nationalism were con-vinced that culture, lifestyle, and social institutions could only be understood as the expression of the “soul,” the “spirit,” or the “character” of a people or nation. They tried to deduce this individual character through the language, popular literature, art, and “national” (as opposed to Roman) law, as is demonstrated by the Gaelic revival in Ireland. 2 History, however, also attracted their interest; the nation and the people were after all considered to be dynamic entities which developed along the lines of a multiple causal process. In England, for example, where nationalism arose as a protest against excessive foreign—French—cultural influence, a group of historians, among them Catherine Macaulay and John Pinkerton, started publishing nationalistic histories during the early years of George III’s reign, paying special attention to the origin of the English people. 3 Such cultural nationalism could, however, easily take on political overtones, especially when it was the nationalism of a people who were either stateless or dispersed throughout different states, or whose state was still young.These earliest national histories were meant as a contribution to the formation, consolidation, and confirmation of a national identity. Their writers had to lend unity, specificity, and continuity to the national past. They had to, as Novalis observed in 1798, “organize historical essentials.” 4 Their work was less a matter of reconstruction than of construction. It not only required the exploration of a hitherto unknown field, but first and foremost the resolution of new problems of representation inherent in the writing of “national biographies.” In this essay, I shall discuss some of these problems in the light of Belgian national historical writing from 1830 through 1850. The year 1830 constitutes an important watershed in the history of national movements... (shrink)

American policymakers and health policy analysts have a love-hate relationship with job-based health insurance. The policy press routinely runs articles about the demise of the current system of voluntary employer-sponsored health insurance coverage. Conservatives argue that it ought to be replaced with individually purchased insurance, such as tax-favored spending accounts. Liberals assert that government insurance ought to supplant it. Meanwhile, as the debate rages on about the future of employer coverage, states and the federal government pass legislation buttressing and building (...) on the existing employment-based system. Congress, in its recent Medicare reform legislation, not only extended publicly-financed prescription drug benefits to elderly Americans but also offered employers tax incentives to keep providing the prescription drug benefits they offer to their retirees. There is nothing new about this debate, nor the conflict in views it represents. Since its origins in the 1930s, employment-based coverage has been viewed with skepticism. Nonetheless, nearly three-quarters of a century later, the vast majority of Americans under 65 who have health insurance, and about 38 percent of those 65 and older who continue to hold private health insurance coverage supplemental to Medicare, obtain it through their current jobs (or in the case of retired workers, former jobs). The model of privately-sponsored and voluntary employment-based coverage is hardly anyone’s ideal of health system design, but it is a nearly unanimous second choice. (shrink)

THE CONGRESS The infrastructure of the colonial territories obeyed the logic of economic exploitation, territorial domain and commercial dynamics among others that left deep marks in the constructed landscape. The rationales applied to the decisions behind the construction of infrastructures varied according to the historical period, the political model of colonial administration and the international conjuncture. This congress seeks to bring to the knowledge of the scientific community the dynamics of occupation and transformation of colonial territory, especially related to and (...) resulting from the war effort, which involved not only the agency of architecture and urbanism but also of military apparatus, and its repercussions in the same territories as independent countries. Colonial infrastructures will be addressed to question, for instance, how housing production during armed conflict has conditioned future spatial models of the independent countries or what options taken by colonial administrations were abandoned or otherwise strengthened after independence. The congress is part of the ongoing research project entitled “ARCHWAR - Dominance and massviolence through Housing and Architecture during colonial wars. The Portuguese case (GuineaBissau, Angola, Mozambique): colonial documentation and post independence critical assessment” funded by ‘Fundação para a Ciência e Tecnologia’ (FCT - Foundation for Science and Technology), ref. PTDC/ART-DAQ/0592/2020, in which Calouste Gulbenkian Foundation (FCG) is a partner. The general goal of the congress is to debate on the repercussions of the decisions taken by the colonial states in the area of territorial infrastructures – in particular through the disciplines of architecture and urbanism – in post-independence spatial and urban models and the formation of independent countries with a colonial past. (shrink)

At the end of World War II, Congress terminated the only national day care policy ever enacted to that point in the United States. It was nearly 20 years later, with the 1962 Public Welfare Amendments, that the American state launched the next national experiment in day care. This policy was constructed not in response to the needs of working women but rather to address rising concerns over the Aid to Dependent Children program. In this article, the author examines archival (...) data from the U.S. Women's Bureau, the U.S. Children's Bureau, and other agencies to explain the transformation of day care from an employment policy to an adjunct of ADC. She argues that maternalists within the state were able to redefine the content of maternalist ideology to occupy the discursive space produced by the emergent political crisis in the ADC program. This new maternalism provided the grounds for a new national commitment to day care provision but also created the institutional structures of its marginalization. (shrink)

Do we still need philosophical discourse within our culture? Three prominent philosophers, Jurgen Habermas, Richard Rorty, and Leszek Kolakowski assess the contemporary state of philosophy and the implications for the future.

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 13.1 (2003) 51-52 [Access article in PDF] Congress Considers Incentives for Organ Procurement Alexander S. Curtis [Tables]During the 108th Congressional session, several bills pertaining to ethical incentives for organ donation likely will be introduced. In some cases, they will be similar to bills before the 107th Congress (see Table 1). Bills in both the House of Representatives and the Senate address the establishment and (...) maintenance of donor registries, financial reimbursements for medical and nonmedical expenses incurred by qualifying donors, the presentation of commemorative medals, and tax credits.A bill entitled "Gift of Life Congressional Medal Act" (introduced last year by Senate majority leader Bill Frist (R-TN) as Senate Bill 325), and its corresponding bill of the same title (passed in the House of Representatives last year as H.R. 708), would establish a congressional commemorative medal honoring "any organ donor, or the family or family member of any organ donor." The medal is to be designed and struck with "suitable emblems, devices, and inscriptions" by the Secretary of the Treasury. The eligible donor or donor's family member would be presented with the medal by the Secretary of Health and Human Services. This bill would establish qualifying donations as those of human kidneys, livers, hearts, lungs, pancreases, or any other organ, but excludes corneas and eyes.Another bill, introduced by Representative Michael Bilirakis (R-FL) entitled "Organ Donation Improvement Act" (H.R. 624), would award grants or contracts to states, transplant centers, and qualified organ procurement organizations for the purpose of providing travel, subsistence, and incidental nonmedical expenses to individuals who make living donations. In order to receive reimbursement, the donating individuals must reside in states other than the states in which the intended recipients reside and the annual income of those receiving the organs cannot exceed $35,000. The bill also would appropriate $15,000,000 to make grants to states and public and nonprofit entities for the purpose of carrying out studies, public education demonstrations, and outreach activities "designed to increase the number of organ donors within the state." The bill would be effective from time of enactment through 2005. [End Page 51]Two other bills proposed within the House of Representatives in 2002 called for amendment to the Internal Revenue Code. The "Gift of Life Tax Credit Act (introduced as H.R. 1872 by Representative James Hansen (R-UT)) and the "Help Organ Procurement Expand Act" (introduced as H.R. 2090 by Representative Chris Smith (R-NJ)) present a refundable credit to individuals or to the estates of those who agree either to be living donors or to donate their organs upon death. The "Gift of Life Tax Credit Act" refunds $10,000 to the estates of eligible individuals "for the taxable year which includes the date of the individual's death." The "Help Organ Procurement Expand Act" offers a refund of $2,500 to qualified persons. Donations of kidneys, livers, pancreases, islet cells, lungs, and intestines are accepted, however several conditions restrict permissible donors. The "Gift of Life Tax Credit Act" requires that the legally competent individual's death not be due to a suicide and that the intention to donate was clearly declared. The "Help Organ Procurement Expand Act" prohibits donations from individuals who were killed with physician assistance, died as a result of a suicide, have been indicted or convicted of a felony or a misdemeanor offense, or are actively under criminal investigation for a possible felony offense. The "Help Organ Procurement Expand Act" also restricts procuring organs from unborn children or human fetuses and under circumstances in which the living donor would be subject to "unacceptable levels of medical risk of death or permanent debilitation." Alexander S. Curtis is a research assistant at the Kennedy Institute of Ethics, Georgetown University, Washington, DC. He received his bachelor's degree from Miami University.... (shrink)

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange (...) of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

This is the first of two volumes comprising the papers submitted for publication by the invited participants to the Tenth International Congress of Logic, Methodology and Philosophy of Science, held in Florence, August 1995. The Congress was held under the auspices of the International Union of History and Philosophy of Science, Division of Logic, Methodology and Philosophy of Science. The invited lectures published in the two volumes demonstrate much of what goes on in the fields of the Congress and give (...) the state of the art of current research. The two volumes cover the traditional subdisciplines of mathematical logic and philosophical logic, as well as their interfaces with computer science, linguistics and philosophy. Philosophy of science is broadly represented, too, including general issues of natural sciences, social sciences and humanities. The papers in Volume One are concerned with logic, mathematical logic, the philosophy of logic and mathematics, and computer science. (shrink)

Legislative hearings on the Helms Human Life Statute (S.158) and the Hatch Human Life Amendment (S.J.Res.110) revealed the depth of the philosophical differences between pro- and anti-abortionists on fundamental values, and on the relationship between law and morality and between science and politics. These differences could have profound implications for national policy. They could also have an impact on the basic separation of powers between the legislative and judicial branches of the national government and the boundaries between federal and state (...) political activity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Future Directions for Oversight of Stem Cell Research in the United StatesCynthia B. Cohen (bio) and Mary A. Majumder (bio)Human pluripotent stem cell research, meaning research into cells that can multiply indefinitely and differentiate into almost all the cells of the body, has become a minefield in which science, ethics, and politics have collided over the last decade in the United States. President Barack Obama entered this highly charged (...) territory when he indicated during his campaign that once in office he would issue an executive order expanding federally funded human embryonic stem cell (hESC) research and introduce rigorous oversight of it (Obama 2008a & b). Candidate Obama stated that he would require that the hESC lines involved were derived with donor consent from early embryos that otherwise would be discarded following in vitro fertilization (IVF) treatment. However, in contrast with the policy of President George W. Bush, he would do so without regard to the date of their derivation. He added that he would call upon the director of the National Institutes of Health (NIH) to develop guidelines for federally funded hESC and other pluripotent stem cell research that would draw from the guidelines developed in 2005 by the National Academies of Science (NAS) for privately funded research (National Research Council 2005).A similar policy was written into the 2008 version of the Stem Cell Research Enhancement Act, which reiterates the policy enunciated in earlier versions of this bill, passed twice by the Congress but vetoed by President Bush each time (House of Representatives, 110th Congress 2008).1 Depending on how one reads the 2008 version of the act, it could also apply in certain respects to hESC research that is not federally funded. We proceed on the assumption that the act applies at least to federally funded stem cell research. Therefore, it appears that the president or the Congress, or both, will approve of an expanded policy of federal funding of hESC research, as well as other forms of human pluripotent stem cell research. [End Page 79]This policy would make the guidelines developed by a committee appointed by NAS, a prestigious private body of American scientists and related experts, the primary basis for the development of new federal guidelines for oversight of hESC research in the United States. This would have certain advantages in that those familiar with the relevant scientific issues are likely to address them accurately and stem cell investigators are apt to accept restrictions on their research written by fellow scientists and ethics and policy experts whom they perceive as strong supporters of stem cell research. However, it also would have certain disadvantages. Chief among these is that the NAS committee appointed to write guidelines for this research, in its concern to see stem cell science move forward after a period in which many scientists and others maintained that it had been unduly restricted, might have overlooked or deferred consideration of some pressing ethical and policy issues. We maintain that this is the case—although we also maintain that the NAS guidelines provide a responsible foundation for developing NIH guidelines for stem cell research. Consequently, we propose that an NIH task force charged by the director of NIH with writing new guidelines for hESC and other stem cell research should revise and expand the NAS guidelines in ways that we propose below, as well as others that it considers necessary, and make it obligatory for those seeking federal funding of such research to follow these new guidelines.We highlight certain areas in which an ethical case can be made for strengthening the existing NAS guidelines and certain areas in which more fundamental ethical reflection—and building on that, additional guideline/policy development—seems warranted. Among the sections of the NAS guidelines that need clarification and reworking, we include those regarding consent to embryo donation, which provide one of their central focuses, and the development of human-nonhuman chimeras, which they address relatively briefly. In addition, we maintain that new guidelines need to be written to address the nascent ethical and policy issues raised by the possibility that human gametes will be induced from pluripotent stem cells in the next few years and that... (shrink)

This article presents an analytical overview of the critical modernisation features of Socialism with Chinese characteristics doctrine in the new era, which was proposed at the 20th National Congress of the Communist Party of China. The authors reconstructed and systematically represented the central philosophical and political principles of the doctrine of Socialism with Chinese characteristics in the context of the fundamental principles of Chinese Marxism. The authors also analysed and presented in a systematic form the essence and basic theoretical principles (...) of the concept of Socialism with Chinese characteristics following Xi Jinping's works and reports. The study includes a comparative analysis that concludes with the critical features of the modern concept of socialism with Chinese characteristics. These features embrace the need for constant modernisation of the very doctrine of socialism with Chinese characteristics, the state management system, as well as social and cultural practices, which are possible through the implementation of innovations and the integration of modern philosophical thought with traditional Chinese philosophy and culture. The article concludes that the main feature of the modernisation of Socialism with Chinese characteristics at the current stage reveals in the development and implementation of a system of creative practices at the level of everyday culture, high-tech sectors of social production and the practice of intercultural communication within the framework of China's Belt and Road Initiative. In the discussion, the authors argue that implementing creative practices and creative industries could become an effective tool for developing China's Belt and Road Initiative in European countries and improving mutual understanding in the intercultural communication practices between China, European countries, and Ukraine. (shrink)

The Twentieth World Congress of Philosophy was held in Boston in August 1998. Twice in this century has there been a philosophy world congress in the United States, both times in Boston. Congresses have long been held every five years, but mostly in France, Germany, Russia, England, and other European countries. Aside from the two in this country, only one had previously been held in the Americas, in Mexico. The organization responsible for holding such congresses is, and has long been, (...) the Federation International de Societes de Philosophie. (shrink)

The IOth International Congress of Logic, Methodology and Philosophy of Science, which took place in Florence in August 1995, offered a vivid and comprehensive picture of the present state of research in all directions of Logic and Philosophy of Science. The final program counted 51 invited lectures and around 700 contributed papers, distributed in 15 sections. Following the tradition of previous LMPS-meetings, some authors, whose papers aroused particular interest, were invited to submit their works for publication in a collection of (...) selected contributed papers. Due to the large number of interesting contributions, it was decided to split the collection into two distinct volumes: one covering the areas of Logic, Foundations of Mathematics and Computer Science, the other focusing on the general Philosophy of Science and the Foundations of Physics. As a leading choice criterion for the present volume, we tried to combine papers containing relevant technical results in pure and applied logic with papers devoted to conceptual analyses, deeply rooted in advanced present-day research. After all, we believe this is part of the genuine spirit underlying the whole enterprise of LMPS studies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Future Directions for Oversight of Stem Cell Research in the United StatesCynthia B. Cohen (bio) and Mary A. Majumder (bio)Human pluripotent stem cell research, meaning research into cells that can multiply indefinitely and differentiate into almost all the cells of the body, has become a minefield in which science, ethics, and politics have collided over the last decade in the United States. President Barack Obama entered this highly charged (...) territory when he indicated during his campaign that once in office he would issue an executive order expanding federally funded human embryonic stem cell (hESC) research and introduce rigorous oversight of it (Obama 2008a & b). Candidate Obama stated that he would require that the hESC lines involved were derived with donor consent from early embryos that otherwise would be discarded following in vitro fertilization (IVF) treatment. However, in contrast with the policy of President George W. Bush, he would do so without regard to the date of their derivation. He added that he would call upon the director of the National Institutes of Health (NIH) to develop guidelines for federally funded hESC and other pluripotent stem cell research that would draw from the guidelines developed in 2005 by the National Academies of Science (NAS) for privately funded research (National Research Council 2005).A similar policy was written into the 2008 version of the Stem Cell Research Enhancement Act, which reiterates the policy enunciated in earlier versions of this bill, passed twice by the Congress but vetoed by President Bush each time (House of Representatives, 110th Congress 2008).1 Depending on how one reads the 2008 version of the act, it could also apply in certain respects to hESC research that is not federally funded. We proceed on the assumption that the act applies at least to federally funded stem cell research. Therefore, it appears that the president or the Congress, or both, will approve of an expanded policy of federal funding of hESC research, as well as other forms of human pluripotent stem cell research. [End Page 79]This policy would make the guidelines developed by a committee appointed by NAS, a prestigious private body of American scientists and related experts, the primary basis for the development of new federal guidelines for oversight of hESC research in the United States. This would have certain advantages in that those familiar with the relevant scientific issues are likely to address them accurately and stem cell investigators are apt to accept restrictions on their research written by fellow scientists and ethics and policy experts whom they perceive as strong supporters of stem cell research. However, it also would have certain disadvantages. Chief among these is that the NAS committee appointed to write guidelines for this research, in its concern to see stem cell science move forward after a period in which many scientists and others maintained that it had been unduly restricted, might have overlooked or deferred consideration of some pressing ethical and policy issues. We maintain that this is the case—although we also maintain that the NAS guidelines provide a responsible foundation for developing NIH guidelines for stem cell research. Consequently, we propose that an NIH task force charged by the director of NIH with writing new guidelines for hESC and other stem cell research should revise and expand the NAS guidelines in ways that we propose below, as well as others that it considers necessary, and make it obligatory for those seeking federal funding of such research to follow these new guidelines.We highlight certain areas in which an ethical case can be made for strengthening the existing NAS guidelines and certain areas in which more fundamental ethical reflection—and building on that, additional guideline/policy development—seems warranted. Among the sections of the NAS guidelines that need clarification and reworking, we include those regarding consent to embryo donation, which provide one of their central focuses, and the development of human-nonhuman chimeras, which they address relatively briefly. In addition, we maintain that new guidelines need to be written to address the nascent ethical and policy issues raised by the possibility that human gametes will be induced from pluripotent stem cells in the next few years and that... (shrink)

The Affordable Care Act1 promises to improve access to coverage and care for two vulnerable groups: low-income persons who are excluded by a lack of resources and chronically ill and disabled people who are excluded by the dysfunction of our existing insurance and care delivery systems. ACA’s sprawling provisions raise a wealth of implementation challenges that are exacerbated by the compromises required to move reform through Congress. In particular, the compromise between regulatory/public program advocates and advocates for private, market-driven programs (...) requires thoughtful regulatory coordination between public and private health systems. (shrink)

After the United States Congress passed the Water Pollution Control Act of 1948, biologists played an increasingly significant role in scientific studies of water pollution. Biologists interacted with other experts, notably engineers, who managed the public agencies devoted to water pollution control. Although biologists were at first marginalized within these agencies, the situation began to change by the early 1960s. Biological data became an integral part of water pollution control. While changing societal values, stimulated by an emerging ecological awareness, may (...) explain broader shifts in expert opinion during the 1960s, this article explores how graphs changed experts’ perceptions of water pollution. Experts communicated with each other via reports, journal articles, and conference speeches. Those sources reveal that biologists began experimenting with new graphical methods to simplify the complex ecological data they collected from the field. Biologists, I argue, followed the engineers’ lead by developing graphical methods that were concise and quantitative. Their need to collaborate with engineers forced them to communicate, negotiate, and overcome conflicts and misunderstandings. By meeting engineers’ expectations and promoting the value of their data through images as much as words, biologists asserted their authority within water pollution control by the early 1960s. (shrink)

International Human Rights Law is clear in holding only states or state-like entities responsible for human rights abuses, yet activists and philosophers alike do not see any rational basis for this restriction in responsibility. Multi-national corporations, individuals and a whole array of other 'non‐state actors' are capable of harming vital human interests just as much as states, so why single-out the latter as human rights-responsible agents? In this paper I distinguish two ways of looking at human rights responsibility. One is (...) simply in terms of the outcomes that are deemed desirable to avoid (or secure), and the other is in terms of the relationships one sees these moral standards as governing. I argue that the peculiar form of responsibility and responsiveness (the way of 'holding to account')inherent to human rights principles is directed at establishing a particular type of relationship: one in which individuals are empowered in the face of a very special form of communal power. Other kinds of relationship and potential transgression are more appropriately governed by different kinds of moral principles, such as those relating to criminality. The outcomes view fails to incorporate this insight and for that reason fails to see the distinct role played by human rights standards in our moral reasoning: they are precisely valuable because they provide a way to judge the relationship of individuals to the peculiar kind of power exercised by the state. Part of this project is a re-assessment of the methodology employed by philosophers in establishing moral principles and concepts, such as those relating to human rights standards. (shrink)

In preparing for and responding to natural hazards and disasters, the welfare state establishes a social contract, distributing responsibilities for what will be collectively managed and what will be individually borne. Drawing on archival, interview, and ethnographic data, this article examines the renegotiation of that social contract through the lens of contested efforts to reform the massively indebted US National Flood Insurance Program from 2011 to 2014. In the face of a morally charged debate about deservingness and individual choice, Congress (...) passed legislation that committed to incorporating need-based considerations to the NFIP for the first time. The result defined “deservingness” in terms of ability to pay for risk exposure, qualifying an individualization of responsibility for addressing the problem of flood loss—a problem that might instead demand broader risk sharing, particularly as climate change worsens the threat of flooding. (shrink)

List of Participants Ernst Badian is Professor of Ancient History at Harvard University. Johnny Christensen is Professor of Classical Philology at the ...

Madison's Notes of the Convention debates are the central document in this fine series covering the period from the Declaration of Rights of the Stamp Act Congress to the ratification of the Constitution. The editor's excellent introduction and notes sketch the background and influences on American Constitutionalism.--R. J. B.

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

The hotel is at the other end of the government district, near Capitol Hill and the Library of Congress, where I would present a lecture on a classical Brazilian author the next day. When I tell the taxi driver that we have to be at the State Department in twenty minutes, his black forehead wrinkles. That might be difficult, he says, because of a Latino demonstration against the new immigration laws. Nervously I ask if there is some shortcut and add (...) in a half whisper that I have an appointment with the Secretary. “Good girl,” says the driver jovially but…. (shrink)

Political parties do not merely reflect social divisions, they actively construct them. While this point has been alluded to in the literature, surprisingly little attempt has been made to systematically elaborate the relationship between parties and the social, which tend to be treated as separate domains contained by the disciplinary division of labor between political science and sociology. This article demonstrates the constructive role of parties in forging critical social blocs in three separate cases, India, Turkey, and the United States, (...) offering a critique of the dominant approach to party politics that tends to underplay the autonomous role of parties in explaining the preferences, social cleavages, or epochal socioeconomic transformations of a given community. Our thesis, drawing on the work of Gramsci, Althusser, and Laclau, is that parties perform crucial articulating functions in the creation and reproduction of social cleavages. Our comparative analysis of the Republican and Democratic parties in the United States, Islamic and secularist parties in Turkey, and the Bharatiya Janata Party and Congress parties in India will demonstrate how “political articulation” has naturalized class, ethnic, religious, and racial formations as a basis of social division and hegemony. Our conclusion is that the process of articulation must be brought to the center of political sociology, simultaneously encompassing the study of social movements and structural change, which have constituted the orienting poles of the discipline. (shrink)