The pre-emption doctrine as applied to food and drug law argues that manufacturers whose products gain Food and Drug Administration marketing approval are immune from tort liability in state court solely on the basis of their FDA approval. This pre-emption protection applies both to claims of direct damages caused by the product and as well as indirect damages claims.The recent 8-1 U.S. Supreme Court decision in Riegel v. Medtronic, Inc. upheld the manufacturer’s contention that the pre-emption provision in the 1976 (...) Medical Device Amendments of 1976 to the 1938 Federal Food, Drug and Cosmetic Act completely precluded civil damages suits by injured plaintiffs in state court. Justice Ginsburg was the lone dissenter. (shrink)

The recent United States Supreme Court decision in Riegel v. Medtronic, Inc. affirmed the doctrine of pre-emption protection only for those medical devices reaching U.S. markets via the PMA process and preserved the previous Lohr v. Medtronic decision's lack of preemption protection for those medical devices marketed via the generally more abbreviated 510 clearance mechanism. This paper reviews the logic and faults of the Riegel decision and discusses the implications of the Riegel decision for pre-emption protection for other classes of (...) FDA-approved medical products. (shrink)

The most successful theory in all of science--and the basis of one third of our economy--says the strangest things about the world and about us. Can you believe that physical reality is created by our observation of it? Physicists were forced to this conclusion, the quantum enigma, by what they observed in their laboratories. Trying to understand the atom, physicists built quantum mechanics and found, to their embarrassment, that their theory intimately connects consciousness with the physical world. Quantum Enigma explores (...) what that implies and why some founders of the theory became the foremost objectors to it. Schrodinger showed that it "absurdly" allowed a cat to be in a "superposition" simultaneously dead and alive. Einstein derided the theory's "spooky interactions." With Bell's Theorem, we now know Schrodinger's superpositions and Einstein's spooky interactions indeed exist. Authors Bruce Rosenblum and Fred Kuttner explain all of this in non-technical terms with help from some fanciful stories and bits about the theory's developers. They present the quantum mystery honestly, with an emphasis on what is and what is not speculation. Physics' encounter with consciousness is its skeleton in the closet. Because the authors open the closet and examine the skeleton, theirs is a controversial book. Quantum Enigma's description of the experimental quantum facts, and the quantum theory explaining them, is undisputed. Interpreting what it all means, however, is controversial. Every interpretation of quantum physics encounters consciousness. Rosenblum and Kuttner therefore turn to exploring consciousness itself--and encounter quantum physics. Free will and anthropic principles become crucial issues, and the connection of consciousness with the cosmos suggested by some leading quantum cosmologists is mind-blowing. Readers are brought to a boundary where the particular expertise of physicists is no longer a sure guide. They will find, instead, the facts and hints provided by quantum mechanics and the ability to speculate for themselves. (shrink)

The second edition of The Great Psychotherapy Debate has been updated and revised to include a history of healing practices, medicine, and psychotherapy, an expanded theoretical presentation of the contextual model, an examination of therapist effects, and a thorough review of the research on common factors such as the alliance, expectations, and empathy.

Do humans start life with the capacity to detect and mentally represent the objects around them? Or is our object knowledge instead derived only as the result of prolonged experience with the external world? Are we simply able to perceive objects by watching their actions in the world, or do we have to act on objects ourselves in order to learn about their behavior? Finally, do we come to know all aspects of objects in the same way, or are some (...) aspects of our object understanding more epistemologically privileged than others? -/- "The Origins of Object Knowledge" presents the most up-to-date survey of the research into how the developing human mind understands the world of objects and their properties. It presents some of the best findings from leading research groups in the field of object representation approached from the perspective of developmental and comparative psychology. Topics covered in the book all address some aspect of what objects are from a psychological perspective; how humans and animals conceive what they are made of; what properties they possess; how we count them and how we categorize them; even how the difference between animate and inanimate objects leads to different expectations. The chapters also cover the variety of methodologies and techniques that must be used to study infants, young children, and non-human primates and the value of combining approaches to discovering what each group knows. -/- Bringing together leading researchers, communicating the most contemporary and exciting findings within the field of object representation, this volume will be an important work in the cognitive sciences, and of interest to those across the fields of developmental and comparative psychology. (shrink)

"This volume provides a long-needed anthology of major writings related to the subject of violence.

An indispensable collection that re-examines what it means to belong in the world. "Where are you from?" The word cosmopolitan was first used as a way of evading exactly this question, when Diogenes the Cynic declared himself a “kosmo-polites,” or citizen of the world. Cosmopolitanism displays two impulses—on the one hand, a detachment from one’s place of origin, while on the other, an assertion of membership in some larger, more compelling collective. Cosmopolitanisms works from the premise that there is more (...) than one kind of cosmopolitanism, a plurality that insists cosmopolitanism can no longer stand as a single ideal against which all smaller loyalties and forms of belonging are judged. Rather, cosmopolitanism can be defined as one of many possible modes of life, thought, and sensibility that are produced when commitments and loyalties are multiple and overlapping. Featuring essays by major thinkers, including Homi Bhabha, Jean Bethke Elshtain, Thomas Bender, Leela Gandhi, Ato Quayson, and David Hollinger, among others, this collection asks what these plural cosmopolitanisms have in common, and how the cosmopolitanisms of the underprivileged might serve the ethical values and political causes that matter to their members. In addition to exploring the philosophy of Kant and the space of the city, this volume focuses on global justice, which asks what cosmopolitanism is good for, and on the global south, which has often been assumed to be an object of cosmopolitan scrutiny, not itself a source or origin of cosmopolitanism. This book gives a new meaning to belonging and its ground-breaking arguments call for deep and necessary discussion and discourse. (shrink)

Mass literacy, mass communication, and the Internet have all increased the amount of information available. But false knowledge still abounds. Taking cues from Sir Thomas Browne, the English Renaissance skeptic, this title examines a host of contemporary errors in thinking and offers a powerful explanation of why they occur.

Micheline Sauvage of the French National Scientific Research Centre traces for us the story of this great Athenian and great philosopher, as seen both by his contemporaries and by the European philosophers who followed after him.

It is a truism that where one starts from and the direction one goes determines where one ends up. This is no less true in philosophy than elsewhere, and certainly no less true in matters dealing with the relationship between God’s foreknowledge and human free actions. In what follows I will argue that the incompatibilist view that Fischer and others stalwartly defend results from the particular starting point they choose, and that if one adopts a different starting point about divine (...) knowledge the logical incompatibility they envision and philosophically anguish over evaporates. (shrink)

Ranging from Joseph Bellamy to Hilary Putnam, and from early New England Divinity Schools to contemporary university philosophy departments, historian Bruce Kuklick recounts the story of the growth of philosophical thinking in the United States. Readers will explore the thought of early American philosphers such as Jonathan Edwards and John Witherspoon and will see how the political ideas of Benjamin Franklin, Thomas Paine and Thomas Jefferson influenced philosophy in colonial America. Kuklick discusses The Transcendental Club (members Henry David Thoreau, (...) Ralph Waldo Emerson) and describes the rise of pragmatism centered on Metaphysical Club of Cambridge (and members William James, Oliver Wendell Holmes, and Charles Peirce). He examines the profound impact Darwinism had on American philosophy and looks at Idealists such as the Kantian Josiah Royce and the Hegelian John Dewey. The book shows how, in the twentieth century, the Nazi conquest of Europe unleashed a flood of European intellectuals onto these shores, including such major thinkers as Theodore Adorno, Erich Fromm, Rudolph Carnap, and Alfred Tarski. Finally, Kuklick examines the contributions of such contemporary philosophers as Sidney Hook and Willard Quine and such books as John Rawl's A Theory of Justice and Herbert Marcuse's One Dimensional Man. Kuklick pulls no punches in portraying the state of American philosophy today and its contested role in the intellectual life of the nation and the world. The range of philosophical thought in our nation's history has been great, from Edwards's Religious Affections to Kuhn's The Structure of Scientific Revolutions, and Bruce Kuklick has captured it all in a book that blends intricate details with sweeping vision. (shrink)

The Great Psychotherapy Debate: Models, Methods, and Findings comprehensively reviews the research on psychotherapy to dispute the commonly held view that the benefits of psychotherapy are derived from the specific ingredients contained in a given treatment (medical model). The author reviews the literature related to the absolute efficacy of psychotherapy, the relative efficacy of various treatments, the specificity of ingredients contained in established therapies, effects due to common factors, such as the working alliance, adherence and allegiance to the therapeutic protocol, (...) and effects that are produced by different therapists. In each case, the evidence convincingly corroborates the contextual model and disconfirms the prevailing medical model. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Philosophy, Dissent, and Nonconformity, 1689–1920Bruce KuklickAlan P. F. Sell. Philosophy, Dissent, and Nonconformity, 1689–1920. Cambridge: James Clark & Co., 2004. Pp. 296. Cloth, £50.00This is a competent, clearly written, and authoritative exploration of its topic, in some respects a labor of love, for the author is both a pastor and a student of theology. Sell comprehensively examines the proliferation of dissenting academies and nonconformist colleges of England and (...) Wales, with some excursions into the Scottish scene, from the Toleration Act of 1689 through the early twentieth century. For the 230 years of this study, a great variety of schools, many of which had only a brief moment of existence, and most of which were barely funded, offered training for the ministers of over a dozen protestant denominations in Britain. Often one man provided instruction in subjects as diverse as mathematics, science, and literature—as well as religious fields.Sell does not focus on ministerial training or even theology, but the way in which the nonconforming religious élite expounded on and was taught philosophy. Thus, one sees how a diverse group that surely had sectarian needs in mind was also interested in grasping how thinkers outside its belief system approached basic problems of human existence. Over time Descartes and other continental rationalists, Locke and the Cambridge Platonists, Kant and Hegel, and the nineteenth-century British idealists were taught by the dissenting professoriate. In summarizing its interpretation, Sell presents a history of modern Anglo-European philosophy as it was refracted in the minds of (some) English-speaking Protestants. Their emphases are not unexpected: empiricism is somewhat devalued, and rationalistic and a priori modes of thinking perhaps inflated. The ethical implications of epistemology and metaphysics are most carefully explicated, and what is taken to be most strategic for [End Page 211] Reformed theology is underscored. Overall, if one is tempted to generalize (as Sell himself does not), the positions reached are credible and not out of line with the philosophical cutting edge of each era.For the most part the dissenters were not themselves creative philosophers of the first rank, but Sell rightly puts forward (206) a short list of thinkers at these schools who have genuine claims to merit, and my own very short list would include Richard Price, James Martineau, and Robert Mackintosh.The author uses diverse strategies to give readers a sense of the effort of these mostly forgotten men. To some extent the book is a biographical compendium, with brief sections on individual or paired thinkers. But Sell also offers coverage by denomination, and he adds a series of discussions by topics—on an assortment of recurring dilemmas in moral philosophy and on apologetics. A final and most useful feature of the book is a trio of indices, in addition to the very full notes and a complete bibliography, mainly of the writings of the many authors cited. Two of the indices are standard, but helpful, lists of persons and topics; the third one is a compendium of all the academies Sell treats, as well as their denominational affiliation, and the duration of their existences.Philosophy, Dissent, and Nonconformity has the defects of its virtues. It is encyclopedic in nature, available for reference but unlikely to be read as a synthetic book, except by devotees of a certain kind of historical philosophical theology. The author also presumes his readers are unlikely to tackle the volume unless they have a prior attraction. That is, the book is written without much contextual explication, and attention to the needs of the non-specialist certainly would have made the volume of wider interest. The work is still relatively brief, under 300 pages, and because of its character, I would have liked to have seen a series of maps that pinpointed the whereabouts of the dissenting schools, giving the reader a visual sense of when and where they arose and declined among particular denominations, and that informed us of what the relations were among the successive professors who defined the learning.Bruce KuklickUniversity of PennsylvaniaCopyright © 2005 Journal of the History of Philosophy, Inc.... (shrink)

There is an argument for the existence of God from the incompleteness of nature that is vaguely present in Plantinga’s recent work. This argument, which rests on the metaphysical implications of quantum physics and the philosophical deficiency of necessitarian conceptions of physical law, deserves to be given a clear formulation. The goal is to demonstrate, via a suitably articulated principle of sufficient reason, that divine action in an occasionalist mode is needed (and hence God’s existence is required) to bring causal (...) closure to nature and render it ontologically functional. The best explanation for quantum phenomena and the most adequate understanding of general providence turns out to rest on an ontic structural realism in physics that is grounded in the immaterialist metaphysics of theistic idealism. (shrink)

Cosmopolitanism, new and newer : Anthony Appiah -- Noam Chomsky's golden rule -- Blaming the system : Immanuel Wallerstein -- The sweatshop sublime -- Edward Said and effort -- Intellectuals in public, or elsewhere -- War without belief : Louis Menand's The Metaphysical Club -- Comparative national blaming : W.G. Sebald and the bombing of Germany.

A study of Philo and Paul and the first-century sophistic movement.

How does a social enterprise pursue its ethical mandate of social impact growth while navigating the perils of the most vulnerable stage in a venture’s life—scaling up? We observe a small inclusivity social enterprise attempting to scale up rapidly to create equality for people with disabilities throughout the world. Our embedded, ethnographic study is terminated with the venture’s unfortunate demise after their dramatic effort to scale up failed. By examining scaling decision-making and conflicts around creation reasoning longitudinally, our study identifies (...) over-use of effectual logic—a creation reasoning type considered more ethical and more appropriate for high-innovativeness contexts than causal logic—as a major factor in the venture’s failure. From this insight, we extend the parameters of effectuation theory to scaling up and dimensionalize its ethical implications. Guidance for social entrepreneurs to scale up successfully while maintaining ethical integrity is also provided. (shrink)

The development of nuclear weapons during the Manhattan Project is one of the most significant scientific events of the twentieth century. This revised and updated 3rd edition explores the challenges that faced the scientists and engineers of the Manhattan Project. It gives a clear introduction to fission weapons at the level of an upper-year undergraduate physics student by examining the details of nuclear reactions, their energy release, analytic and numerical models of the fission process, how critical masses can be estimated, (...) how fissile materials are produced, and what factors complicate bomb design. An extensive list of references and a number of exercises for self-study are included. Links are given to several freely-available spreadsheets which users can use to run many of the calculations for themselves. (shrink)

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.

The city of Cork experienced a political odyssey between Easter 1916 and the end of 1918. Wartime policies conceived in London manifested themselves unexpectedly in Cork--The Defence of the Realm Act was used to repress political speech; deficit spending generated massive inflation; mandatory arbitration encouraged workers to join trade unions; food rationing panicked a country scarred by the Potato Famine; and military conscription generated virtual rebellion. As a result, the Cork public increasingly turned against the war. The book examines the (...) political situation in Cork prior to the Easter Rising; local reactions to the rebellion; the rapid creation of the Republican mass movement; the dramatic decline of the Irish Party; the explosion of anti-authority street rioting; the mobilization of women in the independence struggle; disturbances against venereal disease treatments and visiting American sailors; the emergence of radical trade unionism; agitation over the retention of local food supplies; the nationalist mobilization during the Conscription Crisis; and Sinn Féin's triumph in the 1918 General Election. (shrink)

Ranging chronologically from the twelfth to the fifteenth century and thematically from Latin to vernacular literary modes, this book challenges standard assumptions about the musical cultures and philosophies of the European Middle Ages. Engaging a wide range of premodern texts and contexts, from the musicality of sodomy in twelfth-century polyphony to Chaucer's representation of pedagogical violence in the Prioress's Tale, from early Christian writings on the music of the body to the plainchant and poetry of Hildegard of Bingen, the author (...) argues that medieval music was quintessentially a practice of the flesh. The book reveals a medieval world in which erotic desire, sexual practice, torture, flagellation, and even death itself resonated with musical significance and meaning. In its insistence on music as an integral part of the material cultures of the Middle Ages, the book presents a revisionist account of an important aspect of premodern European civilization. (shrink)

ABSTRACT:Organizations constitute morally-complex environments, requiring organization members to possess levels of moral courage sufficient to promote their ethical action, while refraining from unethical actions when faced with temptations or pressures. Using a sample drawn from a military context, we explored the antecedents and consequences of moral courage. Results from this four-month field study demonstrated that authentic leadership was positively related to followers’ displays of moral courage. Further, followers’ moral courage fully mediated the effects of authentic leadership on followers’ ethical and (...) pro-social behaviors. Theoretical and practical implications for further integrating the work on moral courage, authentic leadership and ethics are discussed. (shrink)

In Philosophy as Frustration: Happiness Found and Feigned from Greek Antiquity to Present Bruce Silver argues that traditional philosophical views of happiness, as well as recent psychological theories of happiness, are at odds with themselves and with important accounts of a truly happy life.

Karl Popper, in "The Logic of Scientific Discovery" Section *vii, argues that if you find that some objecta a,b, c ... have a specific property P, then this discovery by itself does not increase the probability that some other object also has P. He concludes that there can be no effective principle of induction. My paper disproves Popper's claim, using very elementary considerations..

A sourcebook for developing and facilitating collaborative groups capable of continuously adapting to anticipate the evolving learning needs of students. Based on a theoretical foundation of schools as complex systems in which linear management models are no longer sufficient.

In tyhis book chapterI provides concise overviews of Richard Swinburne's views on topics in natural theology and also in distinctively Christian philosophical theology; changes in his views are identified. I explain Swinburne's positive, cumulative case for the existence of God, and his discussion of objections to God based on evil, and then move on to outline his views on A tonement, Revelation, the Trinity, and the Incarnation. I then sketch his case for the truth of Christianity, and and his views (...) on faith and its relationship with reason. (shrink)

The story of James and John Stuart Mill is one of the great dramas of the 19thcentury. In the tense yet loving struggle of this extraordinarily influential father and son, we can see the genesis of evolution of Liberal ideas-about love, sex, and women, wealth and work, authority and rebellion-which ushered in the modern age. The result of more than a decade of research and reflection, this is a study of the relationship between James Mill, the self-made utilitarian philosopher who (...) tried (with only partial success) to shape his son in his own image. Mazlish integrates psychology and intellectual history as part of his larger and continuing effort to spur deeper understanding of the character, limitations, and possibilities of the social sciences. John Stuart Mill's rebellion against a joyless, loveless upbringing, one in strict accordance with the principles of Utilitarianism, was rooted ina powerful Oedipal struggle against his father's authority. Mazlish describes this rebellion as playing an important role in the genesis of classical nineteenth century liberalism. Behind this intellectual development were the women in Mills' life: Harriet the mother, never mentioned by her son in his autobiography, and Harriet Taylor, with whom Mill lived in a scandalous, if chaste, ménage a trois. It was this long relationship which informed his famous essay “The Subjection of Women,” one of the most eloquent feminist statements ever written. A work of brilliant historical research and psychological insights, James and John Stuart Mill shows how the nineteenth-century struggle of fathers and sons shaped the social transformation of society. (shrink)

The debate regarding the role of conscientious objection in healthcare has been protracted, with increasing demands for curbs on conscientious objection. There is a growing body of evidence that indicates that in some cases, high rates of conscientious objection can affect access to legal medical services such as abortion—a major concern of critics of conscientious objection. Moreover, few solutions have been put forward that aim to satisfy both this concern and that of defenders of conscientious objection—being expected to participate in (...) the provision of services that compromise their moral integrity. Here we attempt to bring some resolution to the debate by proposing a pragmatic, long-term solution offering what we believe to be an acceptable compromise—a quota system for medical trainees in specialties where a conscientious objection can be exercised, and is known to cause conflict. We envisage two main objectives of the quota system we propose. First, as a means to introduce conscientious objection into countries where this is not presently permitted. Second, to minimise or eliminate the effects of high rates of conscientious objection in countries such as Italy, where access to legal abortion provision can be negatively affected. (shrink)