Increasingly widespread adoption of health information technology tools in clinical care increases interest in ethical and legal issues related to the use of these tools for public health and the effects of these uses on the clinician-patient relationship. It is argued that patients, clinicians, and society have generally uncontroversial duties to support civil society's public health mission, information technology supports this mission, and the effects of automated and computerized public health surveillance are likely to have little if any effect (...) on the clinician-patient relationship. It is also suggested, nevertheless, that electronic public health surveillance raises interesting and important ethical issues, some of which can be addressed if not resolved by empirical research, especially regarding patient preferences about secondary use of health data and their moral obligation to contribute to population- based health. (shrink)

despite the fact that pragmatism spawned a whole school of economics, namely, Institutionalism, relatively little work has been done by pragmatists in philosophy to apply pragmatism to contemporary economic issues or to the rethinking of economic theory, which seems to be unraveling in the current state of economic crisis. There are notable exceptions, of course, and I mention here especially the work of Judith Green, in applying pragmatism in the furtherance of economic democracy; Larry Hickman’s fine essays in deepening (...) our understanding of the pragmatist sources of Institutionalist thinkers such as Thorstein Veblen ; and Ron Nahser, a marketing executive who also wrote and published.. (shrink)

The intersection of ethics, computing, and genetics plots a space not yet adequately mapped, despite its importance, indeed, its rapidly growing importance. Its subdomains are well-enough known: or the study of ethical issues in genetics and genomics, is part of core curricula everywhere. Ethics and computing is an established subfield. Computing and geneticshas in little more than a decade progressed from subsubspecialty to the sine qua non of contemporary biomedical research, and it bids fair to transform clinical practice. We (...) must prepare for the complete digitization of the genomes of individual patients and the storage of millions of these genomes in very large databases. (shrink)

Little attention has been given by researchers in organizational behavior to the study of public managers' values and how these values affect their managerial behavior. Therefore, the major objective of this study was to identify the personal value systems and value profiles of public managers, and to systematically examine and discuss the relationship between personal values and related organizational behavior including decision making. The significance of the findings for public policy is briefly discussed, and the need for future research (...) is indicated. (shrink)

Point-of-care evidence-based medicine websites allow physicians to answer clinical queries using recent evidence at the bedside. Despite significant research into the function, usability and effectiveness of these programmes, little attention has been paid to their ethical issues. As many of these sites summarise the literature and provide recommendations, we sought to assess the role of conflicts of interest in two widely used websites: UpToDate and Dynamed. We recorded all conflicts of interest for six articles detailing treatment for the following (...) conditions: erectile dysfunction, fibromyalgia, hypogonadism, psoriasis, rheumatoid arthritis and Crohn's disease. These diseases were chosen as their medical management is either controversial, or they are treated using biological drugs which are mostly available by brand name only. Thus, we hypothesised that the role of conflict of interest would be more significant in these conditions than in an illness treated with generic medications or by strict guidelines. All articles from the UpToDate articles demonstrated a conflict of interest. At times, the editor and author would have a financial relationship with a company whose drug was mentioned within the article. This is in contrast with articles on the Dynamed website, in which no author or editor had a documented conflict. We offer recommendations regarding the role of conflict of interest disclosure in these point-of-care evidence-based medicine websites. (shrink)

In order to appreciate the contributions of Star Noise: Discovering the Radio Universe, a little history will help. At the end of the nineteenth century, astronomy consisted of two branches, `posit...

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 101-104 [Access article in PDF] A Christian Response to Buddhist Reflections on Prayer Donald W. Mitchell Purdue University In his essay, Kenneth K. Tanaka considers two important elements of Christian prayer when he presents young Megan praying. First is the petitionary element of her prayer, and second is the relational element. Saint John Damascene expresses these same two dimensions in his classical definition of (...) Christian prayer: "Prayer is the raising of one's mind and heart to God, or the requesting of good things from God." 1 This movement of the mind and heart to God makes Christian prayer a living relationship that is itself a gift of God through Christ. The "heart" of a person is that hidden center in which Christ resides and from where his spirit moves both heart and mind toward God in a relation of love and devotion. As Saint Thérèse of Lisieux puts it, "For me, prayer is a surge of the heart... it is a cry of recognition and of love, embracing both trial and joy." 2 One responds to trials, one's own or those of others, with prayers of petition or intercession; and to joys or blessings with prayers of adoration, praise and thanksgiving. In all cases, the prayers are the dynamics of a person's relationship with God, where God is both ultimate source and object of the prayers.Tanaka also makes two comments about Christian prayer in its public forms. First, he questions the appropriateness of public prayers for civic leaders or for teams at athletic events. Does God choose to aid only some political leaders or nations, or choose sides in athletic games? Though I may feel that God must prefer my son's Little League team, or at least Notre Dame football for heaven's sake, certainly God loves and cares for everyone. Perhaps Tanaka's final characterization of Christian prayer is helpful here: "conversational, personal and hopeful." In a public event, one expresses in prayer one's hope, while understanding that God's providence embraces everyone in ways that are larger than one can comprehend.In the essay by Taitetsu Unno on the Jesus Prayer and Nembutsu, the question of dualism and both the initiative and the consequence of prayer is addressed. Unno points out that according to the Jesus Prayer tradition in Eastern Orthodoxy, the initiative of the prayer is from God, much like the intoning of Nembutsu arising from the Vow of Great Compassion. Here, as in Saint Thérèse's "surge of the heart," the ultimate subject and object of prayer are the same. Unno points out that the consequence [End Page 101] of such a Christian prayer is a sense that the world is infused with the presence of God in a way that is similar to finding the Land of Bliss everywhere. Indeed, I would add that this similarity applies to more than just the Jesus Prayer. Saint Teresa of Avila refers to a prayer experience that is not uncommon in mature Christian spirituality "in which is revealed to the soul how all things are in God, and how within himself he contains them all." 3After presenting these similarities between the Jesus Prayer and Nembutsu, Unno raises what he sees as a fundamental difference: the treatment of sin, blind passions, and ignorance. Unno quotes a Christian Orthodox text that calls for the utter rejection of sin and evil, and depicts grace as entering the soul and driving evil outside. Unno then says, "To negate evil, sin, and death means to deny a part of one's reality; to affirm them through transformation means to make one's life complete and whole." The latter approach is, for Unno, key to the spirituality of Shinran and Shin Buddhism. I would like to make two comments here. First, it is unclear as to what Unno is saying about the Shin approach to evil. How can one transform evil into its opposite without evil being "nullified and eradicated"? When the "ice" of one's passions melt into the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 101-104 [Access article in PDF] A Christian Response to Buddhist Reflections on Prayer Donald W. Mitchell Purdue University In his essay, Kenneth K. Tanaka considers two important elements of Christian prayer when he presents young Megan praying. First is the petitionary element of her prayer, and second is the relational element. Saint John Damascene expresses these same two dimensions in his classical definition of (...) Christian prayer: "Prayer is the raising of one's mind and heart to God, or the requesting of good things from God." 1 This movement of the mind and heart to God makes Christian prayer a living relationship that is itself a gift of God through Christ. The "heart" of a person is that hidden center in which Christ resides and from where his spirit moves both heart and mind toward God in a relation of love and devotion. As Saint Thérèse of Lisieux puts it, "For me, prayer is a surge of the heart... it is a cry of recognition and of love, embracing both trial and joy." 2 One responds to trials, one's own or those of others, with prayers of petition or intercession; and to joys or blessings with prayers of adoration, praise and thanksgiving. In all cases, the prayers are the dynamics of a person's relationship with God, where God is both ultimate source and object of the prayers.Tanaka also makes two comments about Christian prayer in its public forms. First, he questions the appropriateness of public prayers for civic leaders or for teams at athletic events. Does God choose to aid only some political leaders or nations, or choose sides in athletic games? Though I may feel that God must prefer my son's Little League team, or at least Notre Dame football for heaven's sake, certainly God loves and cares for everyone. Perhaps Tanaka's final characterization of Christian prayer is helpful here: "conversational, personal and hopeful." In a public event, one expresses in prayer one's hope, while understanding that God's providence embraces everyone in ways that are larger than one can comprehend.In the essay by Taitetsu Unno on the Jesus Prayer and Nembutsu, the question of dualism and both the initiative and the consequence of prayer is addressed. Unno points out that according to the Jesus Prayer tradition in Eastern Orthodoxy, the initiative of the prayer is from God, much like the intoning of Nembutsu arising from the Vow of Great Compassion. Here, as in Saint Thérèse's "surge of the heart," the ultimate subject and object of prayer are the same. Unno points out that the consequence [End Page 101] of such a Christian prayer is a sense that the world is infused with the presence of God in a way that is similar to finding the Land of Bliss everywhere. Indeed, I would add that this similarity applies to more than just the Jesus Prayer. Saint Teresa of Avila refers to a prayer experience that is not uncommon in mature Christian spirituality "in which is revealed to the soul how all things are in God, and how within himself he contains them all." 3After presenting these similarities between the Jesus Prayer and Nembutsu, Unno raises what he sees as a fundamental difference: the treatment of sin, blind passions, and ignorance. Unno quotes a Christian Orthodox text that calls for the utter rejection of sin and evil, and depicts grace as entering the soul and driving evil outside. Unno then says, "To negate evil, sin, and death means to deny a part of one's reality; to affirm them through transformation means to make one's life complete and whole." The latter approach is, for Unno, key to the spirituality of Shinran and Shin Buddhism. I would like to make two comments here. First, it is unclear as to what Unno is saying about the Shin approach to evil. How can one transform evil into its opposite without evil being "nullified and eradicated"? When the "ice" of one's passions melt into the... (shrink)

Originally published 1978.This volume examines the purpose and the functioning of the present education system inthe UK and when it was originally published it was the first overall review of developments in British education since the 1944 Education Act. It discusses some of the most significant reforms which have stemmed from developments in the primary schools, in particular from the adoption of child-centred and progressive methods of teaching.

In lieu of an abstract, here is a brief excerpt of the content:Kenneth Burke on Dialectical-Rhetorical TranscendenceJames P. ZappenKenneth Burke's concept of rhetoric is complex and elusive, increasingly so as it becomes intertwined and infused with dialectic in the long third part of A Rhetoric of Motives and in some essays published shortly thereafter (1951; 1955; 1969b [1950], 183–333).1 The connection between Burke's rhetoric and dialectic is well established (Brummett 1995; Crusius 1986; 1999, 120–21; Wess 1996, 136–216; Wolin 2001, (...) 143–204), and his concept of rhetoric as identification is widely recognized for its broadening of the traditional view of rhetoric as persuasion to include identification as a means of inducing cooperation and building communities (Crusius 1999, 120–21; Hauser 1986, 120–37; Henderson 1988, 33–34). Timothy W. Crusius establishes the fundamental relationship between A Grammar of Motives and A Rhetoric of Motives as dialectical and rhetorical counterparts and explains both the strengths and the limitations of identification as a means of inducing cooperation (1986). According to Crusius, dialectic explores the substance of a person or thing—all that "supports or 'substands'" it—from multiple and shifting perspectives, viewing human action dramatistically as act, scene, agent, agency, and purpose (24–28). Rhetoric complements dialectic and its multiple dramatistic perspectives by promoting "identification" and "cooperation," building "a community, a sense of oneness amid diversity of conflicting interests and values" (28–30). As Crusius and others observe, [End Page 279] however, identification as a means of inducing cooperation is inherently limited since any identification necessarily also entails a division: "Every 'us' requires a 'them'" (29; Biesecker 1997, 47–49; Wolin 2001, 177–78). Thus, for example, while Christianity provides a powerful instance of identification, it also provides an equally powerful illustration of its division from other peoples—"Satan and his counter-kingdom," "the Turk infidel," and "the pagan hordes of Asia" (28–29). For Burke, these divisions were largely political (George and Selzer 2007, 16–57, 110–32; Lentricchia 1983, 21–38). For us, they are differences of gender, culture, and economic and social class (Condit 1992), compounded by political, economic, and religious differences on a global scale. By this account, the first two parts of the Rhetoric offer at best a partial solution to the problem. The third part challenges and mystifies and in itself seems to offer little more than a utopian vision without purpose or outcome (Crusius 1999, 120–21; Wess 1996, 211–16; Wolin 2001, 201–3).2 Situated within the broader context of Burke's work, however, the third part seems rather to offer a bold and creative solution to the problem by merging dialectic and rhetoric with dialogue and poetic myth in a dialectical-rhetorical transcendence—a concept that merits a place alongside identification as a major contribution to rhetorical theory (1969b, 197–208, 221–33).3Burke's concept of dialectical-rhetorical transcendence developed over the course of more than twenty years, from the mid 1930s to the mid 1950s and beyond. Its sources are partly Hegelian and Marxist but increasingly Platonic,4 as Burke comes to perceive the Hegelian and Marxist concepts of history as part of the problem of competing ideologies and his version of Platonic transcendence as the solution—a solution that leads, on the one hand, toward "pure persuasion" and "ultimate identification" and, on the other, toward the pragmatics of a new rhetoric and a revolutionary program of lifelong education (1951; 1955; 1969b, 267–94, 328–33; Biesecker 1997, 43–47; Lee 2004; Wess 1996, 203–5, 211–16; Wolin 2001, 201–3). In the midst of the political divisiveness of the 1930s, Burke glimpsed in Hegel and even Marx the possibility of bridging conflicting ideologies via transcendence, but he turned to Plato in the Grammar and again in the Rhetoric to explain the processes by which opposing ideas and ideologies might merge in transcendent visions or myths that encompass what he perceived to be partial and partisan points of view. In the Grammar, his solution is dialectical—a merger of opposing ideas at higher levels of generalization through a process of linguistic abstraction and transformation that respects a diversity of individual interests, even as it seeks to transcend them in larger [End... (shrink)

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...) have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. (shrink)

The chapters in this book have evolved from talks originally presented at The First International Workshop on Human and Machine Cognition.

In this engaging study, the authors put casuistry into its historical context, tracing the origin of moral reasoning in antiquity, its peak during the sixteenth and early seventeenth century, and its subsequent fall into disrepute from the mid-seventeenth century.

Analogy and similarity are central phenomena in human cognition, involved in processes ranging from visual perception to conceptual change. To capture this centrality requires that a model of comparison must be able to integrate with other processes and handle the size and complexity of the representations required by the tasks being modeled. This paper describes extensions to Structure-Mapping Engine since its inception in 1986 that have increased its scope of operation. We first review the basic SME algorithm, describe psychological evidence (...) for SME as a process model, and summarize its role in simulating similarity-based retrieval and generalization. Then we describe five techniques now incorporated into the SME that have enabled it to tackle large-scale modeling tasks: Greedy merging rapidly constructs one or more best interpretations of a match in polynomial time: O); Incremental operation enables mappings to be extended as new information is retrieved or derived about the base or target, to model situations where information in a task is updated over time; Ubiquitous predicates model the varying degrees to which items may suggest alignment; Structural evaluation of analogical inferences models aspects of plausibility judgments; Match filters enable large-scale task models to communicate constraints to SME to influence the mapping process. We illustrate via examples from published studies how these enable it to capture a broader range of psychological phenomena than before. (shrink)

The Eurozone crisis has triggered profound political and economic changes across the debtor member states. This article shows how the crisis and the imposition of austerity policies by the Troika have forced Spain to pursue internal devaluation as a means of economic adjustment through the reduction of real wages, increased pressure for liberalizing labor market institutions, and given Spain’s conservative government the opportunity and cover to pursue radical neoliberal labor law reforms. Spain’s 2012 labor law reforms went well beyond external (...) demands. The crisis and the Troika’s policy demands generated mass unemployment, devastated Spain’s Socialist Party, and created the enabling conditions for economic reforms. But domestic partisan considerations led the conservative People’s Party to commandeer the crisis to weaken unions as the electoral and organizational base of the center-left opposition. The PP channeled reform into an attack on labor that decisively shifted power to employers. As organized labor relations were reduced to concession bargaining, real wages have plummeted for the vast majority of Spaniards, even as mass unemployment and economic stagnation persist. Analysis suggests the emergence of a winner-take-all economy that will have lasting consequences for the Eurozone and the European Union. (shrink)

In Schools of Thought in International Relations, renowned foreign-affairs scholar Kenneth W. Thompson seeks to clarify the study of international relations theory by succinctly addressing salient issues in its intellectual history.

In this informed and comprehensive assessment of current issues in international policies, Kenneth W. Thompson addresses the role that traditions and values play in shaping change and in helping us to understand its implications. He challenges the idea that the enormous changes in contemporary national and international life have rendered the consideration of traditions and values obsolete. Thompson’s purpose is to illuminate the problems we face and to set forth general principles directed toward an informing theory on traditions and (...) values as they affect politics and diplomacy, while at the same time warning of the pitfalls and limitations of theory. In the first section of this book, Thompson draws on classical and Judaeo-Christian traditions in defining the relationship between philosophy, religion, and politics. He then examines the application of abstract values to such political realities as national interest, and goes on to consider the question of moral values in international diplomacy and politics. In a series of case studies, Thompson reflects on human rights, disarmament and arms control, and human survival. Maintaining that the implementation of traditions and values is sometimes uniquely the task of the American presidency, he studies the administrations of four postwar presidents—Dwight D. Eisenhower, John F. Kennedy, Lyndon B. Johnson, and Richard M. Nixon—in the light of the executives’ attitudes toward ethics and politics. Finally, Thompson considers the implications of national decline and the breakdown of international order for the future of the United States. The vast knowledge of international affairs and the literature of politics that Kenneth W. Thompson brings to this timely and reflective books makes it exceptionally readable as well as intellectually challenging. (shrink)

The chapters in this book have evolved from talks originally presented at The First International Workshop on Human and Machine Cognition.

In 300 BCE, the tutor of the heir-apparent to the Chu throne was laid to rest in a tomb at Jingmen, Hubei province in central China. A corpus of bamboo-strip texts that recorded the philosophical teachings of an era was buried with him. The tomb was sealed, and China quickly became the theater of the Qin conquest, an event that proved to be one of the most significant in ancient history. For over two millennia, the texts were forgotten. But in (...) October 1993, they were unearthed. The discovery of the Guodian texts, together with other recently discovered Warring States manuscripts, has revolutionized the study of early Chinese intellectual history. Kenneth Holloway argues that the Guodian corpus puts forth a political philosophy based on the harmonious interconnection of individuals engaged in moral self-cultivation. This unique worldview, says Holloway, cannot meaningfully be categorized as "Confucian" or "Daoist," because it shares important concepts and vocabulary with a number of different textual traditions that have anachronistically been characterized as competing or incompatible "schools" of thought. He finds that within the Guodian corpus familiar philosophical concepts and texts are applied in distinctive ways, presenting a worldview that is quite different from the received textual traditions. In the corpus, the most important function of government is to assist in the harmonization of state and family relations. It sees the relationship between these two entities - the family and the collection of families that ultimately constitute the state - as being inherently conflicting social groupings. The texts posit an interesting solution: State and family disharmony can be overcome by developing a hybrid government that employs both meritocratic and aristocratic methods. Without knowledge of the emphasis on hybridization found in the Guodian texts, however, scholars were unable to understand the interrelationships between these two methods of government. This new understanding illuminates central issues of government, religion, and philosophy in early China that were overlooked in received texts. As part of the contribution to our understanding of this particular body of texts, Holloway proposes a methodology for assessing a corpus of texts without relying on assumptions and definitions that derive from two thousand years of scholarship. The Guodian corpus, and Holloway's analysis of it, are now absolutely indispensable to any student or scholar of ancient Chinese intellectual history. (shrink)

Event-related desynchronization, as a proxy for mirror neuron activity, has been used as a neurophysiological marker for motor execution after mirror visual feedback. Using EEG, this study investigated ERD upon the immediate effects of single-session MVF in unimanual arm movements compared with the ERD effects occurring without a mirror, in two groups: stroke patients with left hemiplegia and their healthy counterparts. During EEG recordings, each group performed one session of mirror therapy training in three task conditions: with a mirror, with (...) no mirror, and with a covered mirror. An asymmetry index was calculated from the subtraction of the event-related spectrum perturbations between the C3 and C4 electrodes located over the sensorimotor cortices contralateral and ipsilateral to the moved arm. Results of the effect of task versus group in contralateral and ipsilateral motor areas showed that there was a significant effect of task condition at the contralateral motor area in the high beta band at C3. High beta ERD showed that the suppression was greater over the contralateral hemisphere than it was over the ipsilateral hemisphere in both study groups. The magnitude of low beta ERD in patients with stroke was more suppressed in contralesional C3 under the no mirror compared to that of the covered mirror and similarly more suppressed in ipsilesional C4 ERD under the no mirror compared to that of the mirror condition. The correlation analysis revealed that the magnitude of ERSP power correlated significantly with arm severity in the low and high beta bands in patients with stroke, and a higher asymmetry index in the low beta band was associated with higher arm functioning under the no-mirror condition. There was a shift in sensorimotor ERD toward the contralateral hemisphere as induced by MVF accompanying unimanual movement in both stroke patients and healthy controls. The use of ERD in the low beta band as a neurophysiological marker to indicate the relationships between the amount of MVF-induced ERD attenuation and motor severity, and the outcome indicator for improving stroke patients’ neuroplasticity in clinical trials using MVF are warranted to be explored in the future. (shrink)

Francisco Ayala and others have argued that recent genetic evidence shows that the origins of the human race cannot be monogenetic, as the Church hastraditionally taught. This paper replies to that objection, developing a distinction between biological and theological species first proposed by Andrew Alexanderin 1964.

Catholic evolutionists have proposed to reconcile evolutionary anthropogenesis with Catholic doctrine by suggesting that a created soul could be infused into a body produced by evolution from an animal body. Could such an infusion yield not just a Platonic composite but a being with the unity of substance required by a Thomistic philosophy of nature? How could such a soul be the form of the body into which it was infused? This paper suggests that animals seem to have sense-powers with (...) a level of complexity, if not sufficient to underlie the abstraction of concepts in a being that also has a rational soul, then at least nearly so. The burden of proof lies rather on those who think that evolutionary development of such powers is not possible. In its final section, the paper argues that the existence of Eve as a second, and the only additional, initial rational being does not create special problems for the view here articulated. (shrink)

What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or reasonable care? A straightforward question, you might think. But it is a question that manages to elicit groans of exasperation from those on both sides of the controversy. For most utilitarians and adherents to law and economics, the answer is obvious: to say that people should not be negligent is to say that they should minimize the sum of the costs of accidents and the (...) costs of preventing accidents. Under the economic formulation of the famous Learned Hand test, they should take a precaution if but only if the marginal costs (or burden, B) of that precaution are less than its marginal benefits (in the form of reduced risks of injury, measured by multiplying the probability (P) of the injury times the magnitude (L) of the injury if it occurs). If B>PxL, it would be absurd to require the greater expenditure, B. For many advocates of a fairness, corrective justice, rights-based, or contractualist perspective, the opposite answer is equally obvious. Permitting a person to impose risks of harm on others merely because he would thereby obtain a benefit (or would otherwise incur a burden) greater than the discounted value of the harm he might inflict, amounts to authorizing him to dump the costs of his risky activities on innocent victims. To permit this type of sacrifice of individuals on the altar of aggregate social welfare is morally abhorrent. Both sets of criticism have important elements of truth. Neither an unqualified cost-benefit analysis nor an unqualified rights-based rejection of tradeoffs is defensible - either as a description of tort doctrine and practice or as a normative prescription. However, a qualified (sensitive) consequentialist approach can accommodate legitimate criticisms of cost-benefit analysis: the consequentialist can launder preferences, and can consider the distribution of risk both in the social welfare calculus and in determining whether to compensate. At the same time, a qualified (tough-minded) deontological approach can accommodate the legitimate need to recognize tradeoffs: the deontologist can permit intrapersonal but not interpersonal aggregation of risks and benefits, can apply the concept of threshold deontology to risky activity, and can consider individual rather than population risk. I conclude that the formulation of the Learned Hand test found in the Restatement Third of Torts is broad enough to encompass each of these qualified approaches. (shrink)