The rich diversity of avian natural history provides exciting possibilities for comparative research aimed at understanding three-dimensional navigation. We propose some hypotheses relating differences in natural history to potential behavioral and neurological adaptations possessed by contrasting bird species. This comparative approach may offer unique insights into some of the important questions raised by Jeffery et al.

This essay argues that Aristotle's categories of oratory are not as useful in judging the methods of Sophistical rhetoric as his presentation of time. The Sophistical argumentative method of “making the weaker the stronger case” is re-evaluated as a political practice. After showing this argument's relation to power and ideology, Aristotle's philosophy, which privileges a procedure of argument consistent with the politics of a polis-ideal rhetoric, is offered as reason for objecting to Sophistical rhetoric. The essay concludes that (...) Sophistical rhetoric prefers the concept of possibility over Aristotelian actuality, and offers a need for an ideological space of radical, generative possibility in rhetorical theory. (shrink)

Crispin Wright in his 1982 paper argues for strict finitism, a constructive standpoint that is more restrictive than intuitionism. In its appendix, he proposes models of strict finitistic arithmetic. They are tree-like structures, formed in his strict finitistic metatheory, of equations between numerals on which concrete arithmetical sentences are evaluated. As a first step towards classical formalisation of strict finitism, we propose their counterparts in the classical metatheory with one additional assumption, and then extract the propositional part of ‘strict finitistic (...) logic’ from it and investigate. We will provide a sound and complete pair of a Kripke-style semantics and a sequent calculus, and compare with other logics. The logic lacks the law of excluded middle and Modus Ponens and is weaker than classical logic, but stronger than any proper intermediate logics in terms of theoremhood. In fact, all the other well-known classical theorems are found to be theorems. Finally, we will make an observation that models of this semantics can be seen as nodes of an intuitionistic model. (shrink)

The present ecological crisis imposes a rethinking of the relation between the human being and the rest of nature. Traditional theological articulations of this relation have proven problematic where they foster separatism and anthropocentrism, which give a false report on the relation and have a negative impact on thinking and acting in relation to nature. One place to begin rethinking is through an exploration of the affirmation that the human being is “made in the image of God,”imago dei. Some ways (...) of construing the theological meaning of this designation are more helpful than others. Science has recognized the extent to which the human being is not only dependent upon but even emergent from nature. We are made of the same “stuff” that makes up the rest of the universe. We are nature. The place of the human being is much more modest, recent, and precarious than usually acknowledged in theological reflection. New ways of interpreting our role within nature must evolve out of this new understanding. Philip Hefner has proposed that we think of the human being as created co-creator. His is a distinctive and promising contribution. This essay responds with both affirmations and friendly questions. (shrink)

In a recent article, I argued that Ploug and Holm’s ‘meta-consent’ proposal should be rejected for biobank governance. This was because, although meta-consent is permissible, it is both burdensome and ethically omissible. There is no ethical reason why funders should undertake the additional costs. Ploug and Holm have sought to respond to these arguments. Here, it is noted that not only do they fail to adequately refuse the case against meta-consent, they fail to even engage with the arguments, either (...) misunderstanding them or ignoring them. In their response, Ploug and Holm unwittingly provide the basis of an even stronger case against meta-consent. They argue that broad consent has a built in tendency to expire, while also holding that broad consent should be one of the options available in meta-consent. Meta-consent thus ends up being more like dynamic consent, but, arguably, even more burdensome and costly. (shrink)

SummaryJohn Herschel was the leading British natural philosopher of the nineteenth century, widely known and regarded for his work in philosophy, optics and chemistry as well as his important research and popular publications on astronomy. To date, however, there exists no extended treatment of his astronomical career. This paper, part of a larger study exploring Herschel's contributions to astronomy, examines his work in the context of positional astronomy, the dominant form of astronomical practice throughout his lifetime. Herschel, who did not (...) himself practice positional astronomy and who was known for his non-meridional observations of specific stellar objects, was nonetheless a strong advocate for positional astronomy—but for very different reasons than the terrestrial applications to which it was most often put. For Herschel, the star catalogues of positional astronomy were the necessary observational foundation upon which information about the stars as physical objects could be constructed. Positional astronomy practiced in the great national observatories was not about navigation or timekeeping; it was a way to standardize stellar observations and make them useful data for constructing theories of the stars themselves. For Herschel, the seeds of the new astronomy emerged from the practices of the old. (shrink)

Modus Darwin is the name given by Elliott Sober to a form of argument that Sober attributes to Darwin in the Origin of Species, and to subsequent evolutionary biologists who have reasoned in the same way. In short, the argument form goes: Similarity, ergo common ancestry. In the present paper I review and critique Sober's analysis of Darwin's reasoning. I argue that modus Darwin has serious limitations that make the argument form unsuited for supporting Darwin's conclusions, and that Darwin (...) did not reason in this way. (shrink)

The results of sport would not interest us if either they were necessitated or they were a matter of pure chance. And if either case were true, the playing of sport would seem to make no sense either. This poses a dilemma. But there is something between these two options, namely the dispositional modality. Sporting prowess can be understood as a disposition towards victory and sporting liabilities a disposition towards defeat. The sporting contest then pits these net prowesses (...) against each other. The stronger will tend to beat the weaker but no more than tend. This makes sense of the sporting contest in which the weaker knows they still can win. The stronger team can lose though they do not tend to do so. The dilemma is thus escaped. (shrink)

Can researchers, interested in novel ways to assess HIV seroprevalence among populations which are otherwise hidden, collect condoms that have been discarded on the ground in a public sex environment and test them for HIV? Researchers, who use other types of abandoned samples, such as discarded syringes, hair or saliva samples, or excess biological samples, confront similar issues. This review evaluates whether such abandoned tissues can be studied based on U.S. Code of Federal Regulations and literature on related issues including: (...) research involving banked tissues, blinded seroprevalence studies, and property claims that individuals might make on the samples.It also addresses broader questions of potential for stigma and risk to individuals and communities. The article concludes that the research should be permitted legally because either it does not involve human subjects, or it satisfies the requirements for waiver of consent; and that the research should also be permitted because the ethical principal of avoiding harm to individuals is fully satisfied based on a careful reading of the lessons of the tissue bank, biological property rights, and blinded seroprevalence study debates, as well as a consideration of other potential harms that might be involved. (shrink)

My aim in this paper is to defend the claim that the absolute idealism of Hegel is a liberal naturalist position against Sebastian Gardner’s claim that it is not genuinely naturalistic, and also to defend the position of ‘liberal naturalism’ from Ram Neta’s charge that there is no logical space for it to occupy. By ‘liberal naturalism’, I mean a doctrine which is a non-reductive form of philosophical naturalism. Like Fred Beiser, I take the thesis of liberal naturalism to find (...) support in the idealism of Hegel. I begin by first explaining what philosophical naturalism amounts to. I then move on to show, using Finn Spicer’s and Alison Stone’s understandings of philosophical naturalism, how there is a stronger form of philosophical naturalism but also how there is a weaker form as well. Having established the distinction between stronger and weaker variants of philosophical naturalism, I discuss Sebastian Gardner’s recent objections to treating absolute idealism as a genuinely naturalist position. I argue that Gardner is incorrect to claim that absolute idealism is not a genuinely naturalist position on both historical and interpretive grounds, where to do so I bring in features of Hegel’s idealism to show that Hegel was committed to liberal naturalism. In the next section of the paper, I address Ram Neta’s charge that there is no logical space for liberal naturalism. To counter this claim, I offer an Hegelian diagnosis of Neta’s charge and argue that Neta’s concern about the possibility of liberal naturalism is illegitimately motivated. (shrink)

The article deals with Habermas's intersubjective approach to critical social theory, focusing on his intersubjective accounts of truth, justice and democratic legitimacy. Distinguishing between stronger and weaker versions of an intersubjective account, it draws attention to Habermas's recent move from a strong intersubjective, constructivist, interpretation of truth to a weaker, non-constructivist, one. It then looks at his refusal to make a similar move in the case of justice, arguing that it is not well-founded, even from the (...) point of view of Habermas's overall concerns. It contends, in particular, that a strong intersubjective conception is not necessary in order to maintain the close link between normative validity and argumentation that plays an important role in Habermas's project of a critical social theory and concludes that the advantages of abandoning a strong intersubjective position outweigh the disadvantages. Consequently, it recommends extension of the weaker, non-constructivist, account that Habermas now proposes in the case of truth to justice as well. In the final section, it considers the implications of this recommendation for Habermas's conception of normative validity in the domain of law and politics. (shrink)

Block makes a case for the existence of conscious experience without access. His case would have been much stronger, however, if he had woven fully unconscious processing into the and considered arguments that are intrinsic to neuroscience.

This paper provides a series of reflections on making the case to senior leaders for the introduction of clinical ethics support services within a UK hospital Trust at a time when clinical ethics committees are dwindling in the UK. The paper provides key considerations for those building a case for clinical ethics support within hospitals by drawing upon published academic literature, and key reports from governmental and professional bodies. We also include extracts from documents relating to, and annual (...) reports of, existing clinical ethics support within UK hospitals, as well as extracts from our own proposal submitted to the Trust Board. We aim for this paper to support other ethicists and/or health care staff contemplating introducing clinical ethics support into hospitals, to facilitate the process of making the case for clinical ethics support, and to contribute to the key debates in the literature around clinical ethics support. We conclude that there is a real need for investment in clinical ethics in the UK in order to build the evidence base required to support the wider introduction of clinical ethics support into UK hospitals. Furthermore, our perceptions of the purpose of, and perceived needs met through, clinical ethics support needs to shift to one of hospitals investing in their staff. Finally, we raise concerns over the optional nature of clinical ethics support available to practitioners within UK hospitals. (shrink)

According to the Norwegian philosopher Peter Wessel Zapffe, human life is filled with so much suffering that procreation is morally impermissible. In the first part of this paper I present Zapffe’s pessimism-based argument for anti-natalism, and contrast it with the arguments for anti-natalism proposed by Arthur Schopenhauer and David Benatar. In the second part I explore what Zapffe’s pessimism can teach us about biomedical enhancement. I make the case that pessimism counts in favor of pursuing biomedical enhancements. The (...) reason is that the worse we take the baseline human condition to be, the stronger are our reasons to try to alter humanity, and the weaker are our reasons to fear technology-driven extinction. The prospect of enhancement, I further argue, gives pessimists a reason to reject anti-natalism. (shrink)

In this paper, we aim to show that the framework of embedded, distributed, or extended cognition offers new perspectives on social cognition by applying it to one specific domain: the psychology of memory. In making our case, first we specify some key social dimensions of cognitive distribution and some basic distinctions between memory cases, and then describe stronger and weaker versions of distributed remembering in the general distributed cognition framework. Next, we examine studies of social influences on memory (...) in cognitive psychology, and identify the valuable concepts and methods to be extended and embedded in our framework; we focus in particular on three related paradigms: transactive memory, collaborative recall, and social contagion. Finally, we sketch our own early studies of individual and group memory developed within our framework of distributed cognition, on social contagion of autobiographical memories, collaborative flashbulb memories, and memories of high school at a high school reunion. We see two reciprocal benefits of this conceptual and empirical framework to social memory phenomena: that ideas about distributed cognition can be honed against and tested with the help of sophisticated methods in the social cognitive psychology of memory; and conversely, that a range of social memory phenomena that are as yet poorly understood can be approached afresh with theoretically motivated extensions of existing empirical paradigms. (shrink)

When attendant to the agency of models and the general context in which they perform, climate models can be seen as instrumental policy tools that may be evaluated in terms of their adequacy for purpose. In contrast, when analysed independently of their real-world usage for informing decision-making, the tendency can be to prioritise their representative role rather than their instrumental role. This paper takes as a case study the development of the UK Climate Projections 2009 in relation to its (...) probabilistic treatment of uncertainties and the implications of this approach for adaptation decision-making. It is considered that the move towards ensemble-based probabilistic climate projections has the benefit of encouraging organisations to reshape their adaptation strategies and decisions towards a risk-based approach, where they are confronted definitively with climate modelling uncertainties and drawn towards a more nuanced understanding of how climate impacts could affect their operations. This is further illustrated through the example of the built environment sector, where it can be seen that the probabilistic approach may be of limited salience for the urban heat island in the absence of a corresponding effort towards a more place-based analysis of climate vulnerabilities. Therefore, further assessment of the adequacy-for-purpose of climate models might also consider the usability of climate projections at the urban scale. (shrink)

We investigate a new paradigm in the context of learning in the limit, namely, learning correction grammars for classes of computably enumerable (c.e.) languages. Knowing a language may feature a representation of it in terms of two grammars. The second grammar is used to make corrections to the first grammar. Such a pair of grammars can be seen as a single description of (or grammar for) the language. We call such grammars correction grammars. Correction grammars capture the observable fact (...) that people do correct their linguistic utterances during their usual linguistic activities. We show that learning correction grammars for classes of c.e. languages in the TxtEx-model (i.e., converging to a single correct correction grammar in the limit) is sometimes more powerful than learning ordinary grammars even in the TxtBe-model (where the learner is allowed to converge to infinitely many syntactically distinct but correct conjectures in the limit). For each n ≥ 0, there is a similar learning advantage, again in learning correction grammars for classes of c.e. languages, but where we compare learning correction grammars that make n + 1 corrections to those that make n corrections. The concept of a correction grammar can be extended into the constructive transfinite, using the idea of counting-down from notations for transfinite constructive ordinals. This transfinite extension can also be conceptualized as being about learning Ershov-descriptions for c.e. languages. For u a notation in Kleene's general system $(O,\, < _o )$ of ordinal notations for constructive ordinals, we introduce the concept of an u-correction grammar, where u is used to bound the number of corrections that the grammar is allowed to make. We prove a general hierarchy result: if u and v are notations for constructive ordinals such that $u\, < _o \,v$ , then there are classes of c.e. languages that can be TxtEx-learned by conjecturing v-correction grammars but not by conjecturing u-correction grammars. Surprisingly, we show that— above "ω-many" corrections—it is not possible to strengthen the hierarchy: TxtEx-learning u-correction grammars of classes of c.e. languages, where u is a notation in O for any ordinal, can be simulated by TxtBe-learning ω-correction grammars, where ω is any notation for the smallest infinite ordinal ω. (shrink)

In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact (...) about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger. (shrink)

Because you are highly unlikely to cast the deciding vote in the next elections, it is often said that you don’t have a reason to vote in order to change the outcomes. In a recent paper, however, Zach Barnett forcefully argues that this is a mistake. He shows how it follows, from rather conservative assumptions, that in many real-life cases the expected social value of voting is higher than its cost. Barnett is successful, we believe, in showing that the commonly (...) held belief – that voters do not have a reason to vote in order to change the outcomes – is way too hasty. However, Barnett is – we argue in this paper – too quick on one key premise, and once this is noticed, it becomes unclear how often Barnett’s reasoning can point to a justification of voting to change the outcomes. Barnett’s reasoning, we conclude, may apply to significantly less real-life scenarios than he suggests. (shrink)

Heraclitus uses paradoxical language to present the relationship between opposites in his worldview. This mode of expression has generated much controversy. Some take the paradoxes as evidence of a contradictory identity of opposites (Barnes), while others propose a dynamic union through transformation without identity that avoids the contradiction (Graham). By examining B88 and B62, I seek to identify the stronger and weaker points of such readings. The contradictory identity reading thwarts the transformation between opposites. The dynamic reading offers a (...) plausible alternative. However, it skips a characterization of how Heraclitus conceives of the transformation between opposites in physical terms. To fill this gap, I consider Heraclitus’ use of what I call the anti-cognate internal object in B62. I argue that ‘living the death and dying the life’ is a case of change as mixture, a popular conception among the early Presocratics. Upon closer examination, the anti-cognate internal object suggests that real contradictions belong to Heraclitus conception of change. The details reveal a philosophically compelling view. (shrink)

We explore the consequences, for logical system-building, of taking seriously the aim of having irredundant rules of inference, and a preference for proofs of stronger results over proofs of weaker ones. This leads one to reconsider the structural rules of REFLEXIVITY, THINNING, and CUT. REFLEXIVITY survives in the minimally necessary form $\varphi:\varphi$. Proofs have to get started. CUT is subject to a CUT-elimination theorem, to the effect that one can always make do without applications of CUT. So CUT (...) is redundant, and should not be a rule of the system. CUT-elimination, however, in the context of the usual forms of logical rules, requires the presence, in the system, of THINNING. But THINNING, it turns out, is not really necessary. Provided only that one liberalizes the statement of certain logical rules in an appropriate way, one can make do without CUT or THINNING. From the methodological point of view of this study, the logical rules ought to be framed in this newly liberalized form. These liberalized logical rules determine the system of core logic. Given any intuitionistic Gentzen proof of $\Delta:\varphi$, one can determine from it a Core proof of some subsequent of $\Delta:\varphi$. Given any classical Gentzen proof of $\Delta:\varphi$, one can determine from it a classical Core proof of some subsequent of $\Delta:\varphi$. In both cases the Core proof is of a result at least as strong as that of the Gentzen proof; and the only structural rule used is $\varphi:\varphi$. (shrink)

The business case for corporate social responsibility (CSR) suggests that by doing good (i.e., engaging in CSR) a firm will do well (i.e., be profitable), and this notion has permeated the linguistic sensemaking of firm actors. But how are firms that articulate business‐case justifications evaluated by various stakeholders? We hypothesize that the way firms communicate their CSR engagement (i.e., accompanied by business‐case justifications or not) differentially impacts stakeholders’ perceived integrity, benevolence and ability trustworthiness of the firm. Conducting (...) the same online experiment with two separate samples from the United States, we replicate three results; business‐case justification for CSR reduces benevolence trustworthiness among employees, increases ability trustworthiness among investors, and has no effect on perceived trustworthiness among consumers. We discuss the implications of our findings for the CSR literature and encourage future researchers to more carefully scrutinize the implications of justifying CSR with the business case. (shrink)

Russo and Williamson claim that establishing causal claims requires mechanistic and difference-making evidence. In this article, I will argue that Russo and Williamson's formulation of their thesis is multiply ambiguous. I will make three distinctions: mechanistic evidence as type vs object of evidence; what mechanism or mechanisms we want evidence of; and how much evidence of a mechanism we require. I will feed these more precise meanings back into the Russo–Williamson thesis and argue that it is both true and (...) false: two weaker versions of the thesis are worth supporting, while the stronger versions are not. Further, my distinctions are of wider concern because they allow us to make more precise claims about what kinds of evidence are required in particular cases. (shrink)

Episodic memory often is conceptualized as a uniquely human system of long-term memory that makes available knowledge accompanied by the temporal and spatial context in which that knowledge was acquired. Retrieval from episodic memory entails a form of first–person subjectivity called autonoetic consciousness that provides a sense that a recollection was something that took place in the experiencer’s personal past. In this paper I expand on this definition of episodic memory. Specifically, I suggest that (a) the core features assumed unique (...) to episodic memory are shared by semantic memory, (b) episodic memory cannot be fully understood unless one appreciates that episodic recollection requires the coordinated function of a number of distinct, yet interacting, “enabling” systems. Although these systems – ownership, self, subjective temporality, and agency – are not traditionally viewed as memorial in nature, each is necessary for episodic recollection and jointly they may be sufficient, and (c) the type of subjective awareness provided by episodic recollection (autonoetic) is relational rather than intrinsic – i.e., it can be lost in certain patient populations, thus rendering episodic memory content indistinguishable from the content of semantic long-term memory. (shrink)

The expanding integration of artificial intelligence (AI) in various aspects of society makes the infosphere around us increasingly complex. Humanity already faces many obstacles trying to have a better understanding of our own minds, but now we have to continue finding ways to make sense of the minds of AI. The issue of AI’s capability to have independent thinking is of special attention. When dealing with such an unfamiliar concept, people may rely on existing human properties, such as survival (...) desire, to make assessments. Employing information-processing-based Bayesian Mindsponge Framework (BMF) analytics on a dataset of 266 residents in the United States, we found that the more people believe that an AI agent seeks continued functioning, the more they believe in that AI agent’s capability of having a mind of its own. Moreover, we also found that the above association becomes stronger if a person is more familiar with personally interacting with AI. This suggests a directional pattern of value reinforcement in perceptions of AI. As the information processing of AI becomes even more sophisticated in the future, it will be much harder to set clear boundaries about what it means to have an autonomous mind. (shrink)

A common and driving assumption in agricultural research is that the introduction of research trials, new practices and innovative technologies will result in technology adoption, and will subsequently generate benefits for farmers and other stakeholders. In Lao PDR, the potential benefits of introduced technologies have not been fully realised by beneficiaries. We report on an analysis of a survey of 735 smallholder farmers in Southern Lao PDR who were questioned about factors that influenced their decisions to adopt new technologies. In (...) this study, we have constructed measures or states of adoption which identify key elements of an adoption decision-making nexus. Analysis was conducted to statistically group explanatory factors of adoption. The key explanatory factors represented attributes of the farmer, the factors considered when undertaking production decisions and elements of the agricultural value chain that present as opportunities or constraints. We describe the combination of farmer’s personal attributes, perceptions of the value chain, and the introduction of new technologies by external actors as an “agricultural research value chain”, where agricultural research activities intervene to derive greater benefits for local farmers. A generalised linear model, via Poisson regression analysis on the identified explanatory factors, was applied to explore how they influence adoption measures and we found several significant relationships. (shrink)

The goal of achieving Universal Health Coverage (UHC) can generally be realized only in stages. Moreover, resource, capacity and political constraints mean governments often face difficult trade-offs on the path to UHC. In a 2014 report, Making fair choices on the path to UHC, the WHO Consultative Group on Equity and Universal Health Coverage articulated principles for making such trade-offs in an equitable manner. We present three case studies which illustrate how these principles can guide practical decision-making. These (...) class='Hi'>case studies show how progressive realization of the right to health can be effectively guided by priority-setting principles, including generating the greatest total health gain, priority for the worse off, and financial risk protection. They also demonstrate the value of a fair and accountable process of priority setting. (shrink)

Chapter 1 First Person Access to Mental States. Mind Science and Subjective Qualities -/- Abstract. The philosophy of mind as we know it today starts with Ryle. What defines and at the same time differentiates it from the previous tradition of study on mind is the persuasion that any rigorous approach to mental phenomena must conform to the criteria of scientificity applied by the natural sciences, i.e. its investigations and results must be intersubjectively and publicly controllable. In Ryle’s view, philosophy (...) of mind needs to adopt an antimentalist stance to achieve this aim. Antimentalism not only definitively rejects the idea that mind is a substance separated from the body, it also denies that mental phenomena radically differ from physical phenomena by virtue of several unique features. Most problematically, mental phenomena have a conscious character (mental states are related to specific qualitative feelings) and are accessible only to the first-person (only the subject knows directly what s/he is experiencing inside his/her mind). Ryle takes a strong stance on antimentalism going so far as to maintain that an approach to mind which aims to meet the criteria of scientificity set by the natural sciences must avoid any reference to internal, unobservable mental states. In his view (which is considered a specifically philosophical version of psychological behaviorism and also addresses questions put forward in psychological research), mental states can be redescribed in terms of behavioral dispositions. In this chapter, we address the historical roots of the antimentalist view and analyze its relation to the later tradition of research on mind. We show that, compared to the antimentalist stance, functionalism and cognitivism take a step back when they maintain that direct reference to mental states is necessary since mental states cause and therefore explain human behavior. This step backwards is often interpreted as a return to mentalism. However, this is only partially true. Indeed, we suggest that these later traditions retain one important element of Ryle’s antimentalism, i.e. the idea that mental states must be uniquely identified using external and publicly observable criteria, while excluding any reference to introspection and those qualitative dimensions of a mental state, which are accessible only to the first-person. According to the perspective we put forward, this epistemological stance has continued to influence contemporary research on mind and current philosophical and psychological theories which both tend to exclude the subjective qualities of human experience from their accounts of how the mind works. The issue we raise here is whether this is legitimate or whether subjective qualities do play a role with respect to the way our mind works. The conclusion of this chapter anticipates the argument the book makes in in favor of this latter position, starting from a particular angle, i.e. the problem of how we categorize concepts related to our internal states. -/- Chapter 2 The Misleading Aspects of the Mind/Computer Analogy. The Grounding Problem and the Thorny Issue of Propriosensitive Information -/- Abstract. After the crisis of behaviorism, cognitivism and functionalism became the predominant models in the field of psychology and of philosophy, respectively. Their success is mainly due to the new key they use for interpreting mental processes: the mind/computer analogy. On the basis of this analogy, mental operations are seen as cognitive processes based on computations, i.e. on manipulations of abstract symbols which are in turn understood as informational unities (representations). This chapter identifies two main problems with this model. The first is how these symbols can relate to and communicate with perception and thus allow us to identify and classify what we perceive through the senses. Here we limit ourselves to presenting this issue in relation to the classical symbol grounding problem originally put forward by Harnad on the basis of Searle’s Chinese room argument. An attempt to address the problem raised here will be made in chap. 3. The second point we discuss in relation to the mind/computer analogy concerns the idea of information it fosters. Indeed, following this analogy, information is something available in the external world which can be captured by the senses and transmitted to the central system without being influenced or modified by the procedures of transmission. This perspective does not take into account that – unlike computers – in living beings information is acquired by means of the body. As Ulric Neisser has already pointed out, the body is itself an informational source that provides us with additional sensory experience that influences (modifies or complements) the information extracted from the external world by the senses. To develop this line of analysis and to determine exactly what information is provided by the body and how this might influence cognition, we examine Sherrington’s and Gibson’s positions. Moving on from their views, we qualify bodily information in terms of ‘proprioception’. We use ‘proprioception’ in a broad sense to describe any kind of experience we have of our internal states (including postural information as well as sensations related to the general state of the body and its parts). Following Damasio’s and Craig’s studies, we further elaborate this position, arguing that living beings are equipped with an internal propriosensitive monitoring system which maps all the changes that constantly occur in our body and that give us perceptual (‘proprioceptive’ or propriosensitive) information about what happens inside us. Moreover, relying on Goldie’s and Ratcliffe’s view, we show that emotional information can also be considered as a form of ‘proprioception’ which contributes to determining everything we perceive. This analysis leads us to the second main thesis of this book: ‘proprioception’ is a form of internal perception and it is an essential component of the sensory information we can access and use for all cognitive purposes. -/- Chapter 3 Semantic Competence from the Inside: Conceptual Architecture and Composition -/- Abstract. Concepts are essential constituents of thought: they are the instruments we use to categorize our experience, i.e. to classify things and group them together in homogeneous sets. Here we define concepts as the internal mental information (representations) that allows us, among other things, to master words in natural language. By analyzing the way in which individuals master word meanings we explore a number of hypotheses regarding the nature of concepts. Following Diego Marconi’s research, we differentiate between two kind of abilities that underpin lexical competence – so-called ‘referential’ and ‘inferential competence’ – and we suggest that, in order to support these abilities, concepts must also include two corresponding kinds of information, i.e. inferential and referential information. We point out that the most widely used and acknowledged theories of concepts do not make this distinction, instead broadly characterizing the information used for categorization in terms of propositionally described feature lists. However, we show that while feature lists can explain inferential competence, they do not account for referential competence. To address the issue of referential competence we examine Ray Jackendoff’s hypothesis that to account for the possibility of linking perceptual and conceptual information we need to assume the existence of a (visual) representation that encodes the geometric and topological properties of objects and bridges the gap between the percept and the concept. Furthermore, we analyze the extension of this work by Jesse Prinz who introduced the notion of a proxytype, a perceptual representation of a class of objects that incorporates structural and parametric information related to their appearance. However, as we point out, proxytypes can only explain the relationship between perception and concepts with respect to instances that can be perceived through the senses and that belong to the same class by virtue of their physical similarity. We suggest that this notion be extended to include larger conceptual classes. To accomplish this, we further develop Mark Johnson, George Lakoff and Jean Mandler’s idea of a schematic image and argue that conceptual representations include a perceptual schema. Perceptual schemata are non-linguistic, structured experiential gestalts (patterns or maps) that make use of information taken from all sensory modalities, including body perception. They accomplish a quasi-conceptual function: they allow us to recognize and to classify different instances. In this work, we hypothesize that perceptual schemata are an essential component of concepts, but not identical to them. Instead, we suggest that concepts include both perceptual and propositional information with perceptual schemata providing the ‘perceptual core concept’ that grounds related propositional information. -/- Chapter 4 In the Beginning There Were Categories. The Bodily Origin of Prelinguistic Categorical Organization: The Example of Folkbiological Taxonomies -/- Abstract. Studies of categorization in psychology and the cognitive sciences have made use of the notions of ‘category’ and ‘concept’ without precisely defining what is meant by either; in fact, often these terms have been used as synonyms, making it difficult to address specific issues related to conceptual development. This chapter begins by discussing the definitions of, as well as the distinctions between, ‘categories’ and ‘concepts’ in the classical philosophical tradition (Aristotle, Kant and Husserl). We introduce our view of categories with reference to Husserl. Categorization is defined as the way in which our experience is originally (pre-linguistically) organized in a passive and fully unconscious manner on the basis of universal structuring principles. Conceptualization is explained as a later process in which the earlier categorical macro-classes are further subdivided into more specific and detailed sets; this later process also relies on linguistic learning and exposure to culture. On the basis of Ray Jackendoff, Jean Mandler, George Lakoff and Mark Johnson’s work, we hypothesize that categorization is a two-step process that begins with the formation of homogeneous sets of entities partitioned into regions that describe the ontological boundaries of the objects that humans perceive (categories) and continues at a later stage with the development of more specific classifications (concepts). In this chapter, we mainly address three related issues: Why should we assume that there is categorical organization which precedes the development of a conceptual system? How do categories and concepts relate to each other? Shall we hypothesize that categories are innate or that they are formed before concepts on the basis of information and organizational structure available at a very early developmental stage? We show that categorical partitions are necessary for categorization and, following Mandler, that the general categories we form at an early age do not match our adult superordinate concepts. As for the third issue, we argue that there might be no need to assume that categories are innately present in the human mind, since their formation can be explained – at least in certain cases – by basic mechanisms that work on body (propriosensitive) information. This hypothesis will not be discussed in general, but in relation to a particularly relevant example of categorical partition, i.e. the folk-biological dichotomy between ANIMATE/INANIMATE. This is compared with other dichotomies that derive from it, but are not directly categorical such as LIVING/NON-LIVING and BIOLOGICAL/NON-BIOLOGICAL. -/- Chapter 5 Internal States: From Headache to Anger. Conceptualization and Semantic Mastery -/- Abstract. Here we ask if we can also apply the distinction between referential and inferential competence we introduced in Chapter 3 to words that do not refer to things that are perceived using the external senses, especially to words/concepts that denote bodily experiences (such as pain, thirst, hunger, etc.) or emotions. We introduce and discuss the hypothesis that – even though such words/concepts do not refer to intersubjectively identifiable entities in the external world – they do have a kind of referent that can be accessed via direct perception, more specifically ‘proprioception’, as we have defined it in terms of all propriosensitive information we can consciously access. In the first part of the chapter, we specifically consider terms denoting bodily experiences such as ‘pain’ or ‘hunger’ and argue that their referents are identified and classified from a first-personal point of view on the basis of four main characteristics: their specific intensity, their localization in the body, their co-occurrence with other signals and above all their specific qualitative sensations. Emotions are addressed in the second part of the chapter. We suggest that there is a continuity between bodily experiences and emotions. In particular, we argue for a perceptual theory of emotions in line with that proposed by James and Lange at the end of the 19th century and developed more recently by authors such as Damasio (see also chap. 2§5, §6). The hypothesis we put forward is that the referential information that supports the categorization of emotions and therefore also our mastery of terms referring to emotions consists in the perception (i.e. the ‘proprioception’) of those bodily states and changes in bodily states which constitute our emotional experience. In the context of this discussion we examine some objections to this line of reasoning that arise from a cognitivist perspective and following authors such as Oatley, Johnson-Laird and Frijda, we distinguish between basic emotions that can be identified and classified solely on the basis on how they feel and complex emotions whose identification and classification additionally depends on cognitive factors. To describe how emotions are identified and classified on the basis of how they feel, we rely on Marcel and Lambie’s distinction between an ‘emotion state’ and an ‘emotion experience’. Both notions indicate kinds of feelings that we consciously experience. However, they describe first-order and second order emotion awareness respectively. The emotion state is the feeling we have of the bodily states and changes that occur when we are experiencing an emotion, while the emotion experience is the fully developed and integrated emotion we both experience and are, with reflection, aware of experiencing. On the basis of this differentiation, we also show that the same characteristics that aid in the identification and classification of bodily experiences (specific qualitative sensations; somatic localization; specific intensity; presence/absence of specific concomitant sensations) can also be used for the identification and classification of emotions – at least basic emotions. In the last two sections of the chapter we present some clinical evidence on the semantic competence of people who suffer from Alexithymia and Autism Spectrum Disorder which supports the conclusions of our preceding analyses. -/- Chapter 6 The ‘Proprioceptive’ Component of Abstract Concepts -/- Abstract. In this chapter, we address the issue of whether the mastery of abstract words requires only inferential knowledge and thus, if the concepts that support the mastery of abstract words include only linguistic information. We start by differentiating the notions of ‘abstract’ and ‘general’ which are often erroneously confused. We then identify a strict definition of abstract, as contrasted with ‘concrete’, that applies to words or concepts whose referent cannot be experienced by the senses. We argue that abstract words/concepts would be better described as theoretical, because they are usually conceived as structured sets of inferential knowledge expressed linguistically; that is, as small theories. Pointing out parallels with Carnap’s analysis of this issue in philosophy of science, we hypothesize that words/concepts denoting non-observable entities are not all ‘equally theoretical’, because their link to sensory experience can be stronger or weaker. We revive the distinction, inspired by Quine, between theoretical and intertheoretical concepts/words. This distinction relies on the fact that the former – unlike the latter – retains a strong, although indirect, connection with perception. In Quine’s discussion, perception is understood uniquely in terms of observability, i.e. of external sensory experience. Here we argue, however, that bodily, ‘proprioceptive’ (i.e. propriosensitive) experience can also serve to referentially ground theoretical (i.e. abstract) concepts/words. We frame this issue using the example of the theoretical concept ‘freedom’ and Lakoff’s hypothesis that this concept is developed on the basis of bodily information. We contrast this with the example of ‘democracy’ which more closely resembles an intertheoretical concept/word. Furthermore, we show that one of the classical views put forward in psycholinguistic research to explain how abstract concepts are mentally represented – i.e. Paivio’s Dual Coding Theory – points in the same direction as our analysis. The same is true of Barsalou’s work suggesting that we use internal information to understand at least some abstract words. To sustain this position, we put forward two lines of evidence: the first comes from psycholinguistic studies while the second examines deficits of semantic competence exhibited by people with Autism Spectrum Disorder. On the basis of our analysis, we put forward a classification that distinguishes between different kinds of concreteness and different degrees of abstraction: concepts/words referring to body experiences and basic emotions are described as analogous to concrete concepts/words because they are grounded in perceptual (i.e. propriosensitive) experience, while abstract concepts/words are considered more or less abstract depending on whether they are intratheoretical (and rely entirely on inferential information) or theoretical (and are partially grounded in perceptual – or more often in propriosensitive perceptual – information). In the last section of the chapter we consider two scales that have been used in psycholinguistic research to measure the degree of concreteness vs. abstractness of words and we show that – used conjointly – they can provide a measure of the internal vs. external grounding of specific words. (shrink)

Costs at the end of life disproportionately contribute to health care costs in the United States. Addressing these costs will therefore be an important component in making the U.S. health care system more financially sustainable. In this paper, we explore the moral justifications for having discussions of end-of-life costs in the doctor-patient encounter as part of an effort to control costs. As health care costs are partly shared through pooled resources, such as insurance and taxation, and partly borne by individuals (...) through out-of-pocket expenses, we separate our defense for, and approach to, discussing both pooled and individual aspects of cost. We argue that there needs to be a shift away from formulating the options as a dichotomous choice of paying attention to end-of-life costs versus ignoring such costs. The question should be how personal costs will be managed and how societal expenditures should be allocated. These are issues that we believe patients care about and need to have addressed in a manner with which they are comfortable. Conversations about how money will be spent at the end of life should begin before the end is near. We propose discussing costs from the onset of chronic illness and incorporating financial issues in advance care planning. Through these approaches one can avoid abruptly and insensitively introducing financial issues at the very conclusion of a person's life when one would prefer to address the painful and important issues of spiritual and existential loss that are appropriately the focus when a person is dying. (shrink)

In this paper, we contend that the “Smith case” in Gettier’s attempt to refute the justified true belief (JTB) account of knowledge does not work. This is because the said case fails to satisfy the truth condition, and thus is not a case of JTB at all. We demonstrate this claim using the framework of Donnellan’s distinction between the referential and attributive uses of definite descriptions. Accordingly, the truth value of Smith’s proposition “The man who will get (...) the job has ten coins in his pocket” partly depends on how Smith uses the definite description “the man who will get the job” when he utters the proposition. Since, upon uttering the proposition, Smith has in mind a particular individual, namely Jones, and not just whoever will fit the attribute specified in the definite description, Smith uses the definite description referentially. And so when it turns out that it is Smith who eventually gets the job, the definite description fails to refer to Jones as intended by Smith, thereby making Smith’s proposition false. To think that Smith’s proposition is still true, in this regard, is to use the definite description attributively—that it is about whoever will fit the definite description. Apparently, when Gettier claims that Smith’s proposition is still true, to demonstrate that it is a case of JTB, he, in effect, imposes his attributive understanding of Smith’s usage of the definite description on Smith’s own epistemic situation. (shrink)

The cost of health care at the end of life accounts for a high proportion of total health care costs in the United States. The percentage of Medicare payments attributable to patients in their last year of life was 28.3% in 1978 and has remained substantially the same at 25.1% in 2006. This indicates how little progress has been made in containing these costs, though doing so will be important to promote a financially sustainable health care system. These expenditures also (...) highlight the prospect that efforts to reduce health care costs overall are likely to disproportionately affect the care patients receive at the end of life. (shrink)

Performative accounts of personhood argue that group agents are persons, fit to be held responsible within the social sphere. Nonetheless, these accounts want to retain a moral distinction between group and individual persons. That: Group-persons can be responsible for their actions qua persons, but that group-persons might nonetheless not have rights equivalent to those of human persons. I present an argument which makes sense of this disanalogy, without recourse to normative claims or additional ontological commitments. I instead ground rights in (...) the different relations in which performative persons stand in relation to one another. (shrink)

In most cases, discussions on the right to education focus on the way access to education can be warranted for all and which aims should be pursued in rather abstract terms. This article approaches the topic starting from the case of Roma people. The particularity of their living circumstances raises the question what it is that we are aiming at when trying to realize a universal right to education for them. After confronting their social practices with the education system, (...) three suggestions are made how to make sense of a right to education. First, the need for a holistic approach towards human rights is expressed. Second, the right to education is thought of in terms of a right to qualification. Finally, an open dialogue of social practices is proposed, as a fixed idea of what the school should look like is not desirable in a multicultural society. (shrink)

Who should be diagnosed with intellectual disability and who should not? For borderline cases, the answer to this question may be as difficult to decide on as determining the borderline between being bald or not. While going bald may be upsetting to some, it is also an inevitable and relatively undramatic course of nature. In contrast, getting a diagnosis of intellectual disability is likely to have more far-reaching consequences. This makes the question of where the cutoff point for intellectual disability (...) lies more imperative. Philosophy of science may help psychologists to understand the nature of this dilemma in a more profound manner. This article builds on the sorites paradox to explore the vagueness that surrounds the concept of intellectual disability and the consequences of this vagueness for the diagnostic process. While epistemicists argue that vagueness is a consequence of our limited knowledge of the world that we live in, semantic theorists claim that there is nothing that we do not know, but that our language allows for indecisiveness. What these different lines of understanding mean for psychologists who are diagnosing intellectual disability, is described in this article. Furthermore, the article discusses practical implications of these philosophical underpinnings. (shrink)

The central goal of the _cross-cultural critical thinking movement_ is to change the dominant model of critical thinking pedagogy that is used in the US, UK, and those countries that follow this model. At present the model is centered on an Anglo-American and Euro-Centric model of critical thinking that actively and blatantly ignores contributions to logic and critical thinking education from non-Western sources; more importantly, the model implicitly sends the message to students of critical thinking that _critical thinking_ is a (...) valuable set of skills that derives from what is taken to be Western culture. Cross-cultural critical thinking, by contrast, is centered on a globally inclusive model of critical thinking that presents contributions to critical thinking from a variety of different cultures and traditions. This alternative model aims in part to convey the message that critical thinking is part of the human condition and that understanding it within the human condition is essential to the proper deployment of it in a pluralistic society where there is disagreement over matters of ultimate value. In this paper I offer a presentation and defense of a set of contributions deriving from the Jaina tradition of philosophy that could be presented in a globally sensitive critical thinking course. The central concepts I present and interpret are: non-one-sidedness, the theory of epistemic standpoints, intellectual non-violence, and the theory of seven-fold predication. In each case I focus on the relevance that the concept has for critical thinking education at the introductory level. (shrink)

This study tackles hashtags as framing devices which shape public arguments and controversies in computer-mediated communication environments. It focuses on the use of the _genocide_ hashtag on Twitter in the context of the Ukraine-Russia war. It proposes and showcases a methodology to surface how the semantic and discourse properties of the term genocide affect its framing properties as a hashtag which bears argumentative functions, directly or indirectly calling for action.

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

Many families of patients hold the view that it is their right to be present during a loved one's resuscitation, while the majority of patients also express the comfort and support they would feel by having them there. Currently, family presence is more commonly accepted in paediatric cardiopulmonary resuscitation than adult CPR. Even though many guidelines are in favour of this practice and recognise potential benefits, healthcare professionals are hesitant to support adult family presence to the extent that paediatric family (...) presence is supported. However, in this paper, we suggest that the ethical case to justify family presence during paediatric resuscitation is weaker than the justification of family presence during adult resuscitation. We go on to support this claim using three main arguments that people use in clinical ethics to justify FPDR. These include scarcity of evidence documenting disruption, psychological benefits to family members following the incident and respect for patient autonomy. We demonstrate that these arguments actually apply more strongly to A-FPDR compared with P-FPDR, thereby questioning the common attitude of healthcare professionals of allowing the latter while mostly opposing A-FPDR. Importantly, we do not wish to suggest that P-FPDR should not be allowed. Rather, we suggest that since P-FPDR is commonly allowed, so should A-FPDR. This is because the aforementioned arguments that are used to justify FPDR in general actually make a stronger case for A-FPDR. (shrink)

The centerpiece of Jeffrey Bub's book Interpreting the Quantum World is a theorem (Bub and Clifton 1996) which correlates each member of a large class of no-collapse interpretations with some 'privileged observable'. In particular, the Bub-Clifton theorem determines the unique maximal sublattice L(R,e) of propositions such that (a) elements of L(R,e) can be simultaneously determinate in state e, (b) L(R,e) contains the spectral projections of the privileged observable R, and (c) L(R,e) is picked out by R and e alone. In (...) this paper, we explore the issue of maximal determinate sets of observables using the tools provided by the algebraic approach to quantum theory; and we call the resulting algebras of determinate observables, "maximal *beable* subalgebras". The capstone of our exploration is a generalized version of Bub and Clifton's theorem that applies to arbitrary (i.e., both mixed and pure) quantum states, to Hilbert spaces of arbitrary (i.e., both finite and infinite) dimension, and to arbitrary observables (including those with a continuous spectrum). Moreover, in the special case covered by the original Bub-Clifton theorem, our theorem reproduces their result under strictly weaker assumptions. This added level of generality permits us to treat several topics that were beyond the reach of the original Bub-Clifton result. In particular: (a) We show explicitly that a (non-dynamical) version of the Bohm theory can be obtained by granting privileged status to the position observable. (b) We show that Clifton's (1995) characterization of the Kochen-Dieks modal interpretation is a corollary of our theorem in the special case when the density operator is taken as the privileged observable. (c) We show that the 'uniqueness' demonstrated by Bub and Clifton is only guaranteed in certain special cases -- viz., when the quantum state is pure, or if the privileged observable is compatible with the density operator. We also use our results to articulate a solid mathematical foundation for certain tenets of the orthodox Copenhagen interpretation of quantum theory. For example, the uncertainty principle asserts that there are strict limits on the precision with which we can know, simultaneously, the position and momentum of a quantum-mechanical particle. However, the Copenhagen interpretation of this fact is not simply that a precision momentum measurement necessarily and uncontrollably disturbs the value of position, and vice-versa; but that position and momentum can never in reality be thought of as simultaneously determinate. We provide warrant for this stronger 'indeterminacy principle' by showing that there is no quantum state that assigns a sharp value to both position and momentum; and, a fortiori, that it is mathematically impossible to construct a beable algebra that contains both the position observable and the momentum observable. We also prove a generalized version of the Bub-Clifton theorem that applies to "singular" states (i.e., states that arise from non-countably-additive probability measures, such as Dirac delta functions). This result allows us to provide a mathematically rigorous reconstruction of Bohr's response to the original EPR argument -- which makes use of a singular state. In particular, we show that if the position of the first particle is privileged (e.g., as Bohr would do in a position measuring context), the position of the second particle acquires a definite value by virtue of lying in the corresponding maximal beable subalgebra. But then (by the indeterminacy principle) the momentum of the second particle is not a beable; and EPR's argument for the simultaneous reality of both position and momentum is undercut. (shrink)

Albert Jonsen and Stephen Toulmin have argued that the best way to resolve complex “moral” issues in clinical settings is to focus on the details of specific cases. This approach to medical decision-making, labeled ‘casuistry’, has met with much criticism in recent years. In response to this criticism, Carson Strong has attempted to salvage much of Jonsen’s and Toulmin’s version of casuistry. He concludes that much of their analysis, including Jonsen’s further elaboration about the casuistic methodology, is on the mark. (...) In this essay, the details of Jonsen’s and Toulmin’s version of casuistry and the major criticisms against their approach to clinical decision-making are explicated. Furthermore, it is argued that Strong’s salvage efforts fail to deflect these criticisms. The upshot of this analysis, which includes a few additional criticisms, is that Jonsen’s and Toulmin’s version of casuistry is not an appropriate framework from which to resolve complex “moral” issues in clinical settings. (shrink)

Surgeons are in a unique position, serving as gatekeepers to the operating room. They determine if operations are possible, are indicated, and have a reasonable risk–to–benefit profile. When an operation is indicated and the patient is amenable to it, the conversation between surgeon and patient is usually straightforward. On the other hand, when a patient’s co–morbidities substantially increase the risk of operative intervention, surgeons often question the utility of offering their services. These situations become immensely more difficult when patients have (...) the expectation of being offered surgical treatment. This case describes the clinical encounter between an endocrine surgeon and an 83–year–old woman who has been incidentally found to have adrenal metastasis from melanoma. The patient wants an operation that the surgeon is reluctant to offer because of her frailty and high operative risk. The case focuses on the ethical dilemma that arises when a patient wants an operation that a surgeon does not want to perform. I was the resident in the endocrine surgery clinic the day that Ms. M came in. Given my background in bioethics, the attending physician told me about the patient’s history beforehand and asked for advice on how to approach the clinical encounter. I then accompanied him into her room to talk with her and her husband. (shrink)

Progress towards Universal Health Coverage (UHC) requires making difficult trade-offs. In this journal, Dr. Margaret Chan, the WHO Director-General, has endorsed the principles for making such decisions put forward by the WHO Consultative Group on Equity and UHC. These principles include maximizing population health, priority for the worse off, and shielding people from health-related financial risks. But how should one apply these principles in particular cases and how should one adjudicate between them when their demands conflict? This paper by some (...) members of the Consultative Group and a diverse group of health policy professionals addresses these questions. It considers three stylized versions of actual policy dilemmas. Each of these cases pertains to one of the three principal dimensions of progress towards UHC: which services to cover first, which populations to prioritize for coverage, and how to move from out-of-pocket expenditures to pre-payment with pooling of funds. Our cases are simplified to highlight common trade-offs. While we make specific recommendations, our primary aim is to demonstrate both the form and substance of the reasoning involved in striking a fair balance between competing interests on the road to UHC. (shrink)

In legal methodology (usul al-fiqh), the problem of the defining istiḥsān and the legitimacy of its definition is among the critical discussion topics. To overcome the rigorism of law, istiḥsān was used by the founder scholars of Ḥanafī school of law and Malik b. Anas - however this use received various objections. Although the Mālikī scholars also used istiḥsān strong criticisms of istiḥsān have been directed on the Ḥanafīs. After the severe criticism of Muḥammad b. Idrīs al-Shāfiʿī, the Ḥanafī scholars (...) carried out various intellectual activities to define istiḥsān and to prove that it is legitimate. This process -which started especially with Abū’l-Ḥasan al-Karkhī and Abū Bakr al-Jaṣṣāṣ, revealed a rich accumulation with the contribution of the legal theorists in other school of laws. It is known that al-Karkhī's definition of istiḥsān has become widespread among the legal theorists, and the legitimacy of istiḥsān in the works of legal theory was based on his definition. Al-Karkhī's considerations on the legaliticamy of using istiḥsān can be traced in his student al-Jaṣṣāṣ, in the following centuries, Abū Zayd al-Dabūsī, Abū l-‘Usr al-Bazdawī and al-Sarakhsī’s works. Al-Jaṣṣāṣ' explanations on the legitimacy of istiḥsān begin with the criticism of Imam al-Shāfiʿī's against istiḥsān. He provides the proof of legitimacy for istiḥsān in divided two sub-headings. Al-Jaṣṣāṣ, who deals with istiḥsān in two parts as word and meaning, argues that there is no disagreement about the use of istiḥsān and that all mujtahids accept istiḥsān, and even al-Shāfiʿī, who opposes to the use of istiḥsān, employs istiḥsān in this sense. The type of istiḥsān on which there is a deabte is the istiḥsān used in relation to its meaning. Al-Jaṣṣāṣ states that this use is a qiyas operation; he justifies his point of view by referring to the works of Muḥammad b. Hasan al-Shaybānī. Indeed, when we look at how al-Shaybānī explained the istiḥsān’s examples in his works, it is seen that there are two conflicting juristic analogy (qiyas) made in many examples. Moreover, al-Shaybānī openly considered some types of istiḥsān part of qiyas by stating that some examples “can be included in this type of istiḥsān” Ḥanafī scholars wanted to break the hostile atmosphere toward istiḥsān by defining and evaluating the istiḥsān in a way that their opponents could accept. The definition of Istiḥsān “to abandon the judgment given to similar ones due to stronger evidence.” has been generally accepted. In this definition, istiḥsān is defined by associating with qiyas, and referred to an istihsan that is presented as the more substantial evidence, and qiyas is the weaker evidence. Although it is appropriate to define istiḥsān in relation to qiyas, the claim that in the definition istiḥsān is put in stronger place than qiyas might casuse to some the contradictions- in particular when the example’s of al-Shaybānī are taken into consideration. Because in most cases, when qiyas conflicts with istiḥsān, istiḥsān is taken. But in an opposite case, qiyas might be taken. Apart from these, there are examples of the types of istiḥsān that al-Karkhī has classified in the works of al-Shaybānī, but sometimes there are also strange situations such as taking the qiyas by istiḥsān. This also means that the term is not sufficiently defined. The negative attitude towards istiḥsān in some Shāfiʿī circles and the criticisms against the legitimacy of istiḥsān continued in the works of the fiqh method. Istiḥsān is defined as making a judgment without evidence by Shāfiʿī circles. Therefore, they did not accept the abandonment of qiyas, which is a sharī proof, because of istiḥsān, which is a non-sharī notable proof. Based on the examples given by the users of istiḥsān, Ibn Ḥazm, one of the Ẓāhirītes, claims that istiḥsān opens the door to arbitrariness. According to him, a situation that is accepted as istiḥsān according to Ḥanafīs can be taken as istiḥsān according to Mālikīs. This creates an apparent contradiction. There are some valid points in the assessment of Ibn Ḥazm. Because while it is seen that the istiḥsān of Mālikīs is criticized in al-Shaybānī's book named al-Ḥujjah, it can be also found that the istiḥsān of Ḥanafīs is charged in the works of Abū’l-Walīd al-Bājī, one of the Mālikīs. The criticism toward istiḥsān was continued by Shāfiʿīs such as Abū Isḥāq al-Shīrāzī, Imam al-Haramayn al-Juwaynī and Abū Ḥāmid al-Ghazālī. While al-Juwaynī sees istiḥsān as a method based on the lust of the soul, not istinbat/legal deduction, al-Ghazālī understands istiḥsān as a personal comment. The main reason for the negative attitude towards istiḥsān is that the content based on the definitions, has been neglected most of the time. However, when we look at the works of al-Shaybānī, it can be seen that there is a proof of istiḥsān contrary to what is believed-and that this can be sometimes a work, sometimes a necessity, sometimes another comparison, or sometimes a custom. (shrink)

The difference between what's possible and what's not is a construct of the human mind, a matter of perspective, and it's one that can be changed. Working Wonders explains the fundamentals that shape the mind: how it builds walls to protect itself and how a person can tear those walls down to tackle challenges that would have previously been discounted as unrealistic. This volume shares case studies featuring people making the impossible a reality and, in doing so, changing the (...) world for the better. On a deeper level and yet still using non-technical language, the book identifies possible neurological and psychosocial mechanisms that limit the brain, and techniques that may open it up to exploring the seemingly unachievable. Praszkier also introduces the concept of 'possibilitivity', a personality trait that reflects the propensity to perceive insurmountable challenges as doable, and concludes by presenting a portfolio of 'Do It Yourself' techniques. (shrink)