Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special (...) attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other. (shrink)

Consider someone whom you know to be an expert about some issue. She knows at least as much as you do and reasons impeccably. The issue is a straightforward case of statistical inference that raises no deep problems of epistemology. You happen to know the expert’s opinion on this issue. Should you defer to her by adopting her opinion as your own? An affirmative answer may appear mandatory. But this paper argues that a crucial factor in answering this question is (...) the description under which you identify the expert. Experts may be identified under various descriptions (e.g., “the expert appearing on Channel 7 at 5 pm”). Section 2 provides cases that illustrate how deference to a known expert may be appropriate under some descriptions, but not others. Section 3 proposes that, in these cases, the differentiating factor is self-identification: deference to an expert under a given description is appropriate when the expert self-identifies under that description. Section 4 presents a formal framework that demonstrates the sufficiency of self-identification for appropriate deference within a significant class of cases. Section 5 notes a way in which this phenomenon allows for a form of “agreeing to disagree” in Robert Aumann’s sense. Section 6 illustrates the practical application of these results to the case of testimonials. (shrink)

European Journal of Philosophy, EarlyView.

Nietzsche claims that we are fated to be as we are. He also claims, however, that we can create ourselves. To many commentators these twin commitments have seemed self-contradictory or paradoxical. The argument of this paper, by contrast, is that, despite appearances, there is no paradox here, nor even a tension between Nietzsche's two claims. Instead, when properly interpreted these claims turn out to be intimately related to one another, so that our fatedness emerges as integral to our capacity to (...) become self-creators. The paper also offers, in the course of undermining a false alternative that is deeply entrenched in the philosophical tradition, a reading of Nietzsche's doctrine of amor fati that actually – and perhaps uniquely – makes full sense of section 276 of The Gay Science, the chief source for this aspect of his thought. (shrink)

Svirsky, Howard, and Berman address the U.S. Food and Drug Administration ’s oversight of tobacco products, the newest major area of regulation Congress assigned to the FDA. They discus...

This article focuses on how aesthetic values permeate Nietzsche’s philosophy. Artistry is not confined to the creation of conventional works of art but occurs in the form-giving that is essential to all human forms of life. Since Nietzsche was committed to the view that the world is in some basic sense chaotic and meaningless, he held that only by imposing forms can we create a cognizable world. This close association between the conditions of life itself and the aesthetic activity of (...) giving form belies that Kantian conception that any appreciation of aesthetic phenomena is essentially disinterested. (shrink)

Nietzsche is often said to have started out as a Schopenhauerian metaphysician of some kind before leaving Schopenhauer behind him, and, by the end of his sane life, metaphysics too. His first and last thoughts about tragedy, however, sit uneasily with this narrative. The late thoughts are simply too close to the early ones for the story to accommodate them—not for their Schopenhauerianism, but for the strongly metaphysical flavour that they appear to share. The argument of the present paper is (...) that the appearance is veridical, and that attempts to explain away the metaphysical flavour of the later remarks cannot succeed. The paper concludes with a brief diagnosis of why Nietzsche's final thoughts about tragedy, in Twilight of the Idols, so unignorably recall the ones expressed in his first book, The Birth of Tragedy. (shrink)

Curiosity and creativity are expressions of the trade-off between leveraging that with which we are familiar or seeking out novelty. Through the computational lens of reinforcement learning, we describe how formulating the value of information seeking and generation via their complementary effects on planning horizons formally captures a range of solutions to striking this balance.

This paper highlights how a small group of minority students worked to take advantage of the privileges available once they were admitted to an elite school. The argument proposed is that, unlike their more privileged peers, minority students who have made it through the gateways of elite schools have to work out a salvation of privilege to level up their chances and aspirations of success. A grounded theory based on ‘working out the salvation of privilege’ is derived to examine the (...) ways in which minority students in elite schools seize individual ways of self-saving their variegated disadvantages. The study tracked three students over a five-year period to explore the development of their aspirations and individual trajectories two years after they exited their schools. Despite the students’ efforts in self-saving, their ‘envisioned future’ became limited over time. All had to modify their options and expectations because their non-privileged background hindered their aspirations. (shrink)

Drug Safety Communications are used by the Food and Drug Administration to inform health care providers, patients, caregivers, and the general public about safety issues related to FDA-approved drugs. To assess patient knowledge of the messaging contained in DSCs related to the sleep aids zolpidem and eszopiclone, we conducted a large, cross-sectional patient survey of 1,982 commercially insured patients selected by stratified random sampling from the Optum Research Database who had filled at least two prescriptions for either zolpidem or eszopiclone (...) between July 1, 2012 and June 30, 2013. Among the 594 respondents, two-thirds reported hearing generally about drug safety information prior to starting a new drug, with the remaining one-third “rarely” or “never” hearing such information. Providers and pharmacists were primary sources of drug safety information. Two-thirds of zolpidem users and half of eszopiclone users reported having heard about the related DSC messages, ability to accurately identify the major factual messages was limited. Respondents reacted to new drug safety information about their sleep aids by reporting that they would want to learn about alternative ways to help them sleep and seek out more information about the safety of their specific sleeping pill. Opportunities may exist for the FDA to work with providers and pharmacies to help ensure the DSC information is more widely received and is more fully understood by those taking the affected medications. (shrink)

This essay argues that R.G. Collingwood's remarks about genre are implausible, and that they stem, despite their apparent origin in his wider account of art, from his failure to take some of his own most important insights seriously enough. Some possible reasons for that failure are suggested; and it is shown that, once the relevant insights are given their proper weight, Collingwood's account commands the resources from which a plausible story about genre might have been constructed. To this extent, the (...) present essay constitutes a defence of Collingwood's philosophy of art. (shrink)

This special JLME symposium addresses ways that federal policy can incentivize innovation in medical therapeutics and make pharmaceuticals more financially accessible.

In this article, I assess the current state of neuroaesthetics by reviewing 10 recent books on neuroscientific and evolutionary aspects of aesthetic cognition. These books largely continue the main thrust of this genre since its inception. Virtually all are insightful and thought-provoking, though their individual strengths vary. Among them, Shimamura and Palmer's edited book, Aesthetic Science, provides the most useful and balanced interdisciplinary framework, making philosophy and psychology equal partners with neuroscience. This pluralistic mode, dethroning neuroscience from its usual hegemony, (...) seems best poised to address heretofore neglected issues in neuroaesthetics research. I address several dichotomous tensions—high versus low art, the drive for creative innovation versus evolutionarily canalized aesthetic biases, and explicit versus implicit aspects of aesthetic cognition—to identify promising future research directions, which can best be fulfilled though interdisciplinary cooperation and debate, with a continued emphasis on evolutionary theory. (shrink)

The US government supports drug innovation. It is therefore crucial that it distinguish between high-value and low-value innovation in purchasing expensive prescription drugs and medical devices and ensure the continued discovery of transformative drugs and that patient and taxpayer funds are not wasted.

Pullman (2023) raises some reasonable worries about the use of MAiD in Canada and outlines a plausible proposal to require patients who request MAiD but who do not meet the “reasonably foreseeable...

Nietzsche's late works are brilliant and uncompromising, and stand as monuments to his lucidity, rigour, and style. This volume combines, for the first time in English, five of these works: The Antichrist, Ecce Homo, Twilight of the Idols, Nietzsche contra Wagner, and The Case of Wagner. Here, Nietzsche takes on some of his greatest adversaries: traditional religion, contemporary culture, and above all his one-time hero, the composer Richard Wagner. His writing is simultaneously critical and creative, putting into practice his alternative (...) philosophical vision, which, after more than a hundred years, still retains its startling novelty and audacity. These new translations aim to capture something of the style and rhythm of the original German, so that the reader can get a sense of Nietzsche as not just a philosopher but also a consummate artist, capable of 'dancing with his pen', and as untimely as he claims to be. (shrink)

This article argues, from a critical realist perspective, that it would be beneficial to extend thinking on how personal and social education could become more central to students’ learning. We explore how constructive-informed arrangements which emphasize cognitive skills and affective qualities could be realized through experiential approaches to learning. Our theorizing is informed by neo-Aristotelian thinking on the importance of identifying mutually acceptable value commitments which can cultivate practical wisdom as well as generally benefit society. Thereafter, we outline how the (...) recent writings of Tiberius could inform thinking on how, epistemologically and ethically, a first person perspective on learning and personal growth could connect with normative decision making on how to make good life choices. We conclude by briefly highlighting the methodological potential of using outdoor learning environments to help students make informed and wise judgements which show evidence of discernment, deliberation and effective decision making. (shrink)

It seems natural to suppose that Artur Schnabel’s occasionally inaccurate performance of Beethoven’s Hammerklavier would have been even better had it been accurate throughout. In the present paper I defend this supposition against a sceptical argument which purports to show that we have no good reason to believe it. The sceptical argument, which draws on some plausible-seeming thoughts about aesthetic properties, concludes that, because we cannot know whether this or that (as-yet-unachieved) musical result is so much as possible, we have (...) no good reason to suppose that the accurate version of Schnabel’s performance should be preferred to Schnabel’s own. In attempting to defuse this sceptical argument, I open up, and begin to explore, some new and potentially interesting questions about musical creativity and about the species of rationality that it requires and exhibits. (shrink)

This paper offers an interpretation of Nietzsche’s well known unpublished remark, ‘Truth is ugly. We possess art lest we perish of the truth.’ I argue that it is not helpful to construe this remark as a claim to the effect that art falsifies the truth by, for example, peddling lies or deceptions. Rather, I suggest, the remark should be taken to refer to the various ways in which art can present us with the truth in such a manner that we (...) do not perish of it. And of these ways, I argue, the most interesting is that in which art facilitates awareness of putatively ugly truths while actually abolishing their ugliness: a striking discussion of this possibility is to be found in Nietzsche’s first book, The Birth of Tragedy. I conclude that, overall, Nietzsche is best understood as a conditional cognitivist—as someone who thinks of truth as valuable, but not as valuable no matter what; and I suggest that what makes his position interesting and distinctive is the alethic pessimism that runs through his version of cognitivism. (shrink)

Despite the growing interest in collaborative teaching in higher education, there is a paucity of research on its use and effectiveness in phi­losophy curricula. The research that does exist focuses almost exclusively on interdisciplinary collaboration or student and faculty attitudes regarding the practice. This paper aims to address these gaps by describing a semester long, multi-section study designed to assess the impact of team teaching on student classroom performance and related variables in an Introduction to Philosophy course. The results of (...) the study show that students overwhelm­ingly prefer team teaching to individual instruction and think that it positively impacts their learning and classroom experience. However, the results also show that there is no statistically significant relationship between delivery method and students’ classroom performance. The paper concludes with a discussion of some limitations with the research design and the potential benefits and challenges of implementing team teaching within introductory philosophy courses. (shrink)

Here I review six recent books broadly relevant to the neuroscience of creativity. The books engage these two topics in markedly different proportions and from somewhat different perspectives, but with a consistently high level of quality. All are worth a look. A common thread is a focus on the basic neural mechanisms enabling full-blown creative thought, as well as mental activities like divergent thinking, mind-wandering, and daydreaming. The neuroscience approach to the underbelly of creativity has begun to prove its mettle. (...) However, the details of this fascinating research also reveal trade-offs between lower-level neural mechanisms versus meaningful real-world instances of creativity. Fully developed neuroscientific connections to ‘Big-C’ creativity in complex domains remain scant, though with intimations of synergy and no signs of relenting research activity. (shrink)

William Osler's description of the ideal physician remains the dominant character-ideal for modern physicians. He believed that the personality traits that resulted from a belief in ascetic Protestantism, what has been called the Puritan temper, were essential in the practice of medicine. However, this idealism has been weakened by modern psychological theories which view idealism as an illness. In a culture oriented to health, rather than virtue, as an ultimate ideal, physicians can help develop a science of limits.