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With gratitude for our commentators’ thoughtful and generous engagement with Recognizing Wrongs, we offer in this reply a thumbnail summary of their comments and responses to some of their most important questions and criticisms. In the spirit of friendly amendment, Tom Dougherty and Johann Frick suggest that a more satisfactory version of our theory would cast tort actions as a means of enforcing wrongdoers’ moral duties of repair. We provide both legal and moral reasons for declining their invitation. Rebecca Stone (...) draws a particular link between civil recourse in private law theory and the right of self-defense as recognized in criminal law and moral theory. While we share Stone’s basic inclination, we argue for a different version of the link than the one that she draws. Veronica Rodriguez-Blanco provides a critique of our model of negligence law based on action theory. In response, we explain – in a way that we hope sheds light on debates over moral luck – how it is possible for the law to define negligence such that its commission depends simultaneously on the character of the defendant’s conduct and on the consequences that result from it. Though generally sympathetic to our approach, Stephen Smith faults us for failing satisfactorily to explain important remedial dimensions of tort law. Stubbornly, we insist that we can account for these, and indeed can do so on more satisfactory terms than corrective justice theorists. Finally, Erin Kelly challenges us to consider how our work might inform the analysis of two pressing issues of racial justice: overcriminalization and reparation payments. While we question whether our work to date has as much to offer on these matters as she suggests, we also maintain that the core principle of civil recourse theory – where there is a right there is a remedy – provides grounds for critiquing modern law’s failure to provide adequate accountability when police officers use excessive force against persons of color. (shrink)

This book provides practical and research-based chapters that offer greater clarity about the particular kinds of teacher reflection that matter and avoids talking about teacher reflection generically, which implies that all kinds of reflection are of equal value.

Governments and other food system actors from the private sector, civil society, research and education institutions are being called upon to work together to enhance the sustainability, resilience and inclusiveness of food systems. The analysis presented in this study provides an insight into the process and direction of food system transformation, and the key capabilities required. It portrays the interplay of different internal and external dynamics combined with the capacity of food system actors to connect, forge alliances and commit to (...) specific actions that has enabled countries to move towards a more sustainable food system. (shrink)

ObjectiveTo further delineate risk and resilience factors contributing to trajectories of mental health symptoms experienced by college students through the pandemic.Participantsn = 183 college students.MethodsLinear mixed models examined time effects on depression and anxiety. Propensity-matched subgroups exhibiting “increased” versus “low and stable” depression symptoms from before to after the pandemic-onset were compared on pre-pandemic demographic and psychological factors and COVID-related experiences and coping strategies.ResultsStudents experienced worsening of mental health symptoms throughout the pandemic, particularly during Fall 2020 compared with Fall 2019. (...) The propensity-matched subgroup exhibiting relative resilience reported less alcohol use prior to the pandemic, greater use of active coping strategies, and less of an impact on their college progress.ConclusionsResults point to several potential targets of screening and intervention to decrease residual impacts of the pandemic. (shrink)

BackgroundThe Public Health Service Increased Risk designation identified organ donors at increased risk of transmitting hepatitis B, hepatitis C, and human immunodeficiency virus. Despite clear data demonstrating a low absolute risk of disease transmission from these donors, patients are hesitant to consent to receiving organs from these donors. We hypothesize that patients who consent to receiving offers from these donors have decreased time to transplant and decreased waitlist mortality.MethodsWe performed a single-center retrospective review of all-comers waitlisted for liver transplant from (...) 2013 to 2019. The three competing risk events (transplant, death, and removal from transplant list) were analyzed. 1603 patients were included, of which 1244 (77.6%) consented to offers from increased risk donors.ResultsCompared to those who did not consent, those who did had 2.3 times the rate of transplant (SHR 2.29, 95% CI 1.88–2.79, p < 0.0001), with a median time to transplant of 11 months versus 14 months (p < 0.0001), as well as a 44% decrease in the rate of death on the waitlist (SHR 0.56, 95% CI 0.42–0.74, p < 0.0001). All findings remained significant after controlling for the recipient age, race, gender, blood type, and MELD. Of those who did not consent, 63/359 (17.5%) received a transplant, all of which were from standard criteria donors, and of those who did consent, 615/1244 (49.4%) received a transplant, of which 183/615 (29.8%) were from increased risk donors.ConclusionsThe findings of decreased rates of transplantation and increased risk of death on the waiting list by patients who were unwilling to accept risks of viral transmission of 1/300–1/1000 in the worst case scenarios suggests that this consent process may be harmful especially when involving “trigger” words such as HIV. The rigor of the consent process for the use of these organs was recently changed but a broader discussion about informed consent in similar situations is important. (shrink)

ObjectivesTo describe reporting of informed consent in pragmatic trials, justifications for waivers of consent and reporting of alternative approaches to standard written consent. To identify factors associated with (1) not reporting and (2) not obtaining consent.MethodsSurvey of primary trial reports, published 2014–2019, identified using an electronic search filter for pragmatic trials implemented in MEDLINE, and registered in ClinicalTrials.gov.ResultsAmong 1988 trials, 132 (6.6%) did not include a statement about participant consent, 1691 (85.0%) reported consent had been obtained, 139 (7.0%) reported a (...) waiver and 26 (1.3%) reported consent for one aspect (eg, data collection) but a waiver for another (eg, intervention). Of the 165 trials reporting a waiver, 76 (46.1%) provided a justification. Few (53, 2.9%) explicitly reported use of alternative approaches to consent. In multivariable logistic regression analyses, lower journal impact factor (p=0.001) and cluster randomisation (p<0.0001) were significantly associated with not reporting on consent, while trial recency, cluster randomisation, higher-income country settings, health services research and explicit labelling as pragmatic were significantly associated with not obtaining consent (all p<0.0001).DiscussionNot obtaining consent seems to be increasing and is associated with the use of cluster randomisation and pragmatic aims, but neither cluster randomisation nor pragmatism are currently accepted justifications for waivers of consent. Rather than considering either standard written informed consent or waivers of consent, researchers and research ethics committees could consider alternative consent approaches that may facilitate the conduct of pragmatic trials while preserving patient autonomy and the public’s trust in research. (shrink)

When ethics committees are consulted about patients who have or need court-appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a comparison group (n (...) = 348) 3:1 matched for age, diagnosis, date of admission, and comorbidity. We then compared 91 persons hospitalized in the year following guardianship appointment to a second matched comparison group (n = 273). Mean length of stay was 30.75 days (SD = 46.70) amongst those admitted prior to guardianship, which was higher than the comparison group (M = 7.74, SD = 9.71, F = 20.75, p. (shrink)

The people and the value of their experience, by N. T. Pratt.--From kingship to democracy, by J. P. Harland.--Democracy at Athens, by G. M. Harper.--Athens and the Delian League, by B. D. Meritt.--Socialism at Sparta, by P. R. Coleman-Norton.--Tyranny, by M. Mac Laren.--Federal unions, by C. A. Robinson.--Alexander and the world state, by O. W. Reinmuth.--The Antigonids, by J. V. A. Fine.--Ptolemaic Egypt: a planned economy, by S. L. Wallace.--The Seleucids: the theory of monarchy, by G. Downey.--The political status of (...) the independent cities of Asia Minor in the Hellenistic period, by D. Magie.--The ideal states of Plato and Aristotle, by W. J. Oates.--Epilogue, by A. C. Johnson.--Bibliography (p. 225-233).--Index, by H. V. M. Dennis, III. (shrink)

We know quite a lot about the general structure of ω-stable solvable centerless groups of finite Morley rank. Abelian groups of finite Morley rank are also well-understood. By comparison, nonabelian nilpotent groups are a mystery except for the following general results:• An ω1-categorical torsion-free nonabelian nilpotent group is an algebraic group over an algebraically closed field of characteristic 0 [Z3].• A nilpotent group of finite Morley rank is the central product of a definable subgroup of finite exponent and of a (...) definable divisible subgroup [N3].• A divisible nilpotent group of finite Morley rank is the direct product of its torsion part (which is central) and of a torsion-free subgroup [N3].However, we do not understand nilpotent groups of bounded exponent. It seems that the classification of nilpotent (but nonabelian)p-groups of finite Morley rank is impossible. Even the nilpotent groups of Morley rank 2 contain insurmountable difficulties [C], [T]. At first glance, this may seem to be an obstacle to proving the Cherlin-Zil'ber conjecture (“simple groups of finite Morley rank are algebraic groups”). Our purpose in this article is to show that if such a group is a definable subgroup of a nonnilpotent group, then it is possible to obtain a classification within the boundaries of our present knowledge. In this respect, our article may be considered as a relief to those who are trying to classify simple groups of finite Morley rank.Before explicitly stating our result, we need the following definition. (shrink)

In Recognizing Wrongs, John C. P. Goldberg and Benjamin C. Zipursky develop and defend “civil recourse theory,” according to which torts are injurious wrongs that give rise to a claim of redress. My discussion extends beyond tort law to explore the ethics of reparations for historical injustice, in particular, regarding the case of Black Americans. I begin by relating the notion of wrongdoing that figures prominently in civil recourse theory to morality. Then I explore the idea that the relevant sort (...) of wrongdoing is relational and injurious, and how this claim applies to historical injustice. Finally, I take up the idea that a redress claim is one a victim is entitled but not obligated to make in order to think about whether the discretionary nature of tort action is empowering to persons who have been wrongfully injured. (shrink)

Amanda Kelly À la recherche d'un bain romain dans la région de Malia p. 607-627 On aborde ici l'importance de l'activité romaine dans la région de Malia et on examine l'éventualité de la présence d'un bain romain (public ou privé, mais plus vraisemblablement privé) dans la zone du marais. L'identification de trois clous d'espacement en terre cuite et de plusieurs fragments de pilae recueillis lors de la prospection de Malia, près de la basilique, suggère l'existence d'un bain romain dans (...) les environs, quelque part dans le marais (probablement dans la région de la basilique). La présence de clous d'espacement en terre cuite dans l'arrière-pays maliote est révélatrice, puisque leur usage est presque exclusivement associé à des bains romains, ailleurs dans l'Orient romain (généralement datés des IIe et IIIe siècles apr. J.-C.). (shrink)

Whatever we take “life” to mean, it must involve an attempt to describe the objective reality beyond scientists’ biases. Traditionally, this is thought to involve comparing our scientific categories to “natural kinds.” But this approach has been tainted with an implicit metaphysics, inherited from Aristotle, that does not fit biological reality. In particular, we must accept that biological categories will never be specifiable in terms of necessary and sufficient conditions or shared underlying physical structures that produce clean boundaries. Biology blurs (...) all lines and failure to embrace this unique feature has blocked attempts to reach consensus on the meaning of “life.” Thus, while the three classical accounts all fall short of offering a complete definition, their advocates fail to realize that they share the same view of life’s ultimate, functional hallmark: its uniquely rich adaptive capacity. I develop an account of life as adaptive capacity that sidesteps debates about the relative importance of specific mechanisms and the precise location of boundaries to bring the three classical accounts together under a shared conceptual framework. (shrink)

This paper presents an integrative, descriptive model of ethical decision making, with special attention given to issues of measurement. After building the model, hypotheses are developed from a portion of it. These hypotheses are tested in an exploratory analysis to determine if further research and testing of this model and the measurement instruments it employs are warranted.

The results of an exploratory study examining the role of trust in stakeholder satisfaction are reported. Customers, stockholders, and employees of financial institutions were surveyed to identify management behaviors that lead to stakeholder satisfaction. The factors critical to satisfaction across stakeholder groups are the timeliness of communication, the honesty and completeness of the information and the empathy and equity of treatment by management.

We discuss the implications of the findings reported in the target article for moral theory, and argue that they represent a clear and genuine case of fundamental moral disagreement. As such, the findings support a moderate form of moral anti-realism – the position that, for some moral issues, there is no fact of the matter about what is right and wrong.

Why is the academy in general, and philosophy in particular, not more involved in the fight against the creationist threat? And why, when a response is offered, is it so curiously ineffective? I argue, by using an analogy with the battle against the Black Knight from the movie Monty Python and the Holy Grail, that the difficulty lies largely in a failure to see the nature of the problem clearly. By modifying the analogy, it is possible to see both why (...) large sections of the academy have remained unmoved and also why many of the reactions to the threat have been so unsuccessful. Finally, I offer some very broad suggestions as to how to modify our approach in light of this new perspective. (shrink)

What exactly is a genetic disease? For a phrase one hears on a daily basis, there has been surprisingly little analysis of the underlying concept. Medical doctors seem perfectly willing to admit that the etiology of disease is typically complex, with a great many factors interacting to bring about a given condition. On such a view, descriptions of diseases like cancer as genetic seem at best highly simplistic, and at worst philosophically indefensible. On the other hand, there is clearly some (...) practical value to be had by classifying diseases according to their predominant cause when this can be accomplished in a theoretically satisfactory manner. The question therefore becomes exactly how one should go about selecting a single causal factor among many to explain the presence of disease. When an attempt to defend such causal selection is made at all, the standard accounts offered (Koch's postulates, Hill's epidemiological criteria, manipulability) are all clearly inadequate. I propose, however, an epidemiological account of disease causation which walks the fine line between practical applicability and theoretical considerations of causal complexity and attempts to compromise between patientcentered and population-centered concepts of disease. The epidemiological account is the most basic framework consistent with our strongly held intuitions about the causal classification of disease, yet it avoids the difficulties encountered by its competitors. (shrink)

The validity of assessment programs is increasingly important in higher education. Existing approaches to assessment are problematic because they eitherfail to provide timely feedback or have suspect measurement issues. We propose a feed-forward assessment model to help overcome these two limitations oftraditional assessment approaches.

The notion that our society, its education system and its intellectual life, is characterised by a split between two cultures – the arts or humanities on one hand, and the sciences on the other – has a long history. But it was C. P. Snow's Rede lecture of 1959 that brought it to prominence and began a public debate that is still raging in the media today. This 50th anniversary printing of The Two Cultures and its successor piece, A Second (...) Look features an introduction by Stefan Collini, charting the history and context of the debate, its implications and its afterlife. The importance of science and technology in policy run largely by non-scientists, the future for education and research, and the problem of fragmentation threatening hopes for a common culture are just some of the subjects discussed. (shrink)

The notion that our society, its education system and its intellectual life, is characterised by a split between two cultures – the arts or humanities on one hand and the sciences on the other – has a long history. But it was C. P. Snow's Rede lecture of 1959 that brought it to prominence and began a public debate that is still raging in the media today. This fiftieth anniversary printing of The Two Cultures and its successor piece, A Second (...) Look features an introduction by Stefan Collini, charting the history and context of the debate, its implications and its afterlife. The importance of science and technology in policy run largely by non-scientists, the future for education and research, and the problem of fragmentation threatening hopes for a common culture are just some of the subjects discussed. (shrink)

This paper evaluates and criticises the developmental systems conception of evolution and develops instead an extension of the gene's eye conception of evolution. We argue (i) Dawkin's attempt to segregate developmental and evolutionary issues about genes is unsatisfactory. On plausible views of development it is arbitrary to single out genes as the units of selection. (ii) The genotype does not carry information about the phenotype in any way that distinguishes the role of the genes in development from that other factors. (...) (iii) There is no simple and general causal criterion which distinguishes the role of genes in development and evolution. (iv) There is, however, an important sense in which genes but not every other developmental factor represent the phenotype. (v) The idea that genes represent features of the phenotype forces us to recognise that genes are not the only, or almost the only, replicators. Many mechanisms of replication are involved in both development and evolution. (vi) A conception of evolutionary history which recognises both genetic and non-genetic replicators, lineages of replicators and interactors has advantages over both the radical rejection of the replicator/interactor distinction and the conservative restriction of replication to genetic replication. (shrink)

Modern medicine emphasizes treatment of the sick. It is often said that the widespread genetic testing soon to follow the completion of the Human Genome Project will usher in a new era of preventive medicine. Such changes require new ways of thinking, however. For example, there may be nothing clinically wrong with a healthy patient who requests genetic testing, even if the tests reveal disease genes. Since all individuals have genetic skeletons in their closets, it is important to be careful (...) not to confuse having disease genes with having the diseases that they cause. Unfortunately, many in the public have adopted a kind of genetic determinism that sees genes as destiny: for example, having the gene associated with colon cancer means they will develop colon cancer. Physicians tend to be more careful, yet even they are not immune to subtle versions of genetic determinism. One example of this is the uncritical categorization of certain diseases as “genetic”. In fact, an adequate concept of genetic disease is extremely difficult to come by. The simplest notion would require a 1:1 correspondence between a disease and its genes, but this is the exception rather than the rule. For example, cystic fibrosis (CF) is often put forward as a good example of a genetic disease, since it seems to result from mutations in a single gene, CFTR. Even in this case, however, the exact relationship between CFTR mutations and disease is not clear, as virtually every possible combination of sweat chloride test results, genetic test results, and symptoms has been observed.[1] If a patient presents with the classic symptoms of CF and is found to have a mutation in the CFTR gene, the physician might understandably infer that the mutation caused the disease. But if an asymptomatic patient is tested and it is discovered that he or she has a CFTR mutation, it is unclear what this means. The doctor might tell the patient the gene is abnormal and that he or she is likely to develop pulmonary problems, etc., but it’s not really known whether even this qualified prognosis is true.. (shrink)

Proposal in Brief : I have been invited by Michael Ruse, editor of the Cambridge Studies in Philosophy and Biology series for Cambridge University Press, to submit a book proposal on the Philosophy of Developmental Biology. This is both a great honor and a magnificent opportunity for a relatively junior professor, especially since the field is new - done well, this book could help set the basic parameters of an emerging discipline.