Mr. F. is a fifty‐year‐old father of two school‐aged daughters. Six years ago, he received a double lung transplant because he was suffering from interstitial lung disease, a fatal illness that causes suffocation by progressive scarring of the lungs. He is now experiencing chronic rejection of the transplant and is being considered to receive another. Without it, he is expected to survive only a year and a half. With it, his prognosis will improve, but the numbers are still not good. (...) Three years after his lung transplant, Mr. F. stopped attending his office visits. For a period of sixteen months he went without the studies and attention essential to posttransplant care. He stopped performing the required daily self‐monitoring of his lung function about eight months after his transplant, but he has maintained a regular exercise regimen. While lost to follow‐up, he continued to take his immunosuppressant medications, but he stopped taking medicine to control his high blood pressure because of its expense. (shrink)

Bioethics committees have issued guidelines that medical interventions should be permissible only in cases of clinically verifiable disease, deformity, or injury. Furthermore, once the existence of one or more of these requirements has been proven, the proposed therapeutic procedure must reasonably be expected to result in a net benefit to the patient. As an exception to this rule, some prophylactic interventions might be performed on individuals “in their best interests” or with the aim of averting an urgent and potentially calamitous (...) public health danger. In order to invoke these exceptions, a stringent set of criteria must first be satisfied. Additionally, where the proposed prophylactic intervention is intended for children, who are unlikely to be able to provide a meaningfully informed consent, a heightened scrutiny of any such measures is required. We argue that children should not be subjected to prophylactic interventions “in their best interests” or for public health reasons when there exist effective and conservative alternative interventions, such as behavioural modification, that individuals could employ as competent adolescents or adults to avoid adverse health outcomes. Applying these criteria, we consider the specific examples of prophylactic mastectomy, immunisations, cosmetic ear surgery, and circumcision. (shrink)

Categorical proof theory is an approach to understanding the structure of proofs. We illustrate the idea first by analyzing G0̈del's Dialectica interpretation and the Diller-Nahm variant in categorical terms. Then we consider the problematic question of the structure of classical proofs. We show how double negation translations apply in the case of the Dialectica interpretations. Finally we formulate a proposal as to how to give a more faithful analysis of proofs in the sequent calculus.

Various claims have been made, recently, that Darwin's argumentation in the Origin instantiates and so supports some general philosophical proposal about scientific theorizing, for example, the "semantic view". But these claims are grounded in various incorrect analyses of that argumentation. A summary is given here of an analysis defended at greater length in several papers by the present author. The historical and philosophical advantages of this analysis are explained briefly. Darwin's argument comprises three distinct evidential cases on behalf of natural (...) selection, cases, that is, for its existence, its adequacy and its responsibility. Theorizing, today, about evolution by natural selection involves a similar structure of evidential and explanatory concerns. (shrink)

Popular culture can play a significant role in shaping the acceptance of evolving technologies, with nanotechnology likely to be a case in point. The most popular fiction work to date in this arena has been Michael Crichton's techno-thriller Prey, which fuses together nanotechnology science with science fiction. Within the context of Prey, this article examines the role that scientists and popular culture play in educating society, and one another, about emerging technologies. In di ferentiating fact from fiction, the article reflects (...) on how such distinctions may be important in proactive public dialogue projects. The article concludes that popular culture will be a key factor in informing citizen beliefs about the coming nano-age. Accordingly, governments, in conjunction with the scientific community, will need to be proactive in distinguishing science fact from science fiction for the benefit of their citizens. (shrink)

At the bottom of all human activities are “values,” the conviction that some things “ought to be” and others not. Science, however, with its immense interest in mere facts seems to lack all understanding of such‘requiredness.’… A science … which would seriously admit nothing but indifferent facts … could not fail to destroy itself.

There is little doubt that the development and commercialisation of nanotechnologies is challenging traditional state-based regulatory regimes. Yet governments currently appear to be taking a non-interventionist approach to directly regulating this emerging technology. This paper argues that a large regulatory toolbox is available for governing this small technology and that as nanotechnologies evolve, many regulatory advances are likely to occur outside of government. It notes the scientific uncertainties facing us as we contemplate nanotechnology regulatory matters and then examines the notion (...) of regulation itself, suggesting new ways to frame our understanding of both regulation and the regulatory tools relevant to nanotechnologies. By drawing upon three different conceptual lenses of regulation, the paper articulates a wide range of potential regulatory tools at hand. It also focuses particularly on the ways various tools are currently being used or perhaps may be employed in the future. The strengths and weaknesses characterising these tools is examined as well as the different actors involved. The paper concludes that we will increasingly face debate over what is likely to work most effectively in regulating nano technologies, the legitimacy of these different potential approaches, and the speed at which these different regimes may be employed. (shrink)

This article examines nanotechnology within the context of the public interest. It notes that though nanotechnology research and development investment totalled US$9.6 billion in 2005, the public presently understands neither the implications nor how it might be best governed. The article maps a range of nanotechnology dialogue activities under way within the United Kingdom, the United States, Germany, and Australia. It explores the various approaches to articulating public interest matters and notes a shift in the way in which these governments, (...) on the whole, appear to be attempting to manage nanotechnology “risks.” It argues that open and transparent policy deliberations and extensive public discourse will be pivotal to protecting the public interest, gaining public trust and acceptance of nanotechnologies. The article concludes that though governing emerging technologies in the public interest is not a new concept, nanotechnology does present additional challenges that must be addressed by the guardians of the public interest. (shrink)

As a historical figure, Lamarck proves a rather difficult subject. His writings give us few explicit leads to his intellectual debts; nor do they present his theories as the outcome of any sustained course of observations or experimental research; and, what is equally frustrating, it is hard to see how his personal development as a scientific theorist was affected by the dramatic political and social upheavals of the period, in which he took an active and lively interest. And so, with (...) his importance for later writers much clearer than his relationship to those of his own and earlier ages, historians have repeatedly interpreted his works as prophetic of doctrines developed more fully by subsequent generations. No less surprisingly, this facile tactic has provoked a reaction; we have been offered Lamarck as a Stoic, a romantic, harking back to Heraclitus. (shrink)

Bernard Norton's friends in the history of science have had many reasons for commemorating, with admiration and affection, not only his research and teaching but no less his conversation and his company. One of his most estimable traits was his refusal to beat about the bush in raising the questions he thought worthwhile pursuing. I still remember discoursing at Pittsburgh on Darwin's route to his theory of natural selection, and being asked at the end by Bernard what were Darwin's views (...) on heredity. I answered with the conventional waffle to the effect that the theory concerned the populational fate rather than the individual production and transmission of heritable variation, so that whatever views Darwin had on heredity had only a subsidiary place in his theorizing. Bernard was not fooled. ‘I would have thought’, he said, ‘that in order to understand anyone's theorising about evolution it would be necessary to look at his views on heredity’. (shrink)

Among the many components of legal preparedness for public health emergencies is the assurance that the public health workforce and its private sector partners are competent to use the law to facilitate the performance of essential public health services and functions. This is a significant challenge. Multiple categories of emergencies, stemming from natural disasters to emerging infectious diseases, confront public health practitioners. Interpreting, assessing, and applying legal principles during emergencies are complicated by the changing legal environment and differences in governmental (...) organization of emergency management functions. While law and legal competencies are essential to routine public health practices, once government declares a state of public health emergency or disaster, the legal landscape changes. Typical legal responses to protect the public's health may no longer be the norm. Public health practitioners, legal counsel, health care partners, and others need to be able to assess changing laws and policies and apply them in real-time. (shrink)

Among the many components of legal preparedness for public health emergencies is the assurance that the public health workforce and its private sector partners are competent to use the law to facilitate the performance of essential public health services and functions. This is a significant challenge. Multiple categories of emergencies, stemming from natural disasters to emerging infectious diseases, confront public health practitioners. Interpreting, assessing, and applying legal principles during emergencies are complicated by the changing legal environment and differences in governmental (...) organization of emergency management functions. While law and legal competencies are essential to routine public health practices, once government declares a state of public health emergency or disaster, the legal landscape changes. Typical legal responses to protect the public's health may no longer be the norm. Public health practitioners, legal counsel, health care partners, and others need to be able to assess changing laws and policies and apply them in real-time. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...) or interested in ensuring that public health professionals, their legal counsels, and relevant partners understand the legal framework in which they operate and are competent in applying legal authorities to public health emergency preparedness.Competencies are critical to an individual's ability to make effective legal response to all-hazards public emergencies. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...) or interested in ensuring that public health professionals, their legal counsels, and relevant partners understand the legal framework in which they operate and are competent in applying legal authorities to public health emergency preparedness.Competencies are critical to an individual's ability to make effective legal response to all-hazards public emergencies. (shrink)

This study explored drug users’ attitudes toward and understanding of randomized controlled trials testing addiction therapies. A video portraying a fictional consent conference for a randomized controlled trial with placebo arm was shown to poor male and female drug users of diverse ethnic status and sexual orientation. The video stimulated focus group discussion in which participants’ comments often reflected “experimental realism”—a realistic view of the trial—and adequate understanding of the uncertain efficacy of the treatment being tested, as well as the (...) concepts of randomization and placebo control. However, participants’ comprehension of the nature of placebos was compromised by the widespread view that placebos are a way of testing a subject’s willpower and personal control over his or her addiction. Comments also showed a mistrust of the video investigator’s integrity and competence and signs of therapeutic misconception and misestimation. The study’s findings underscore the importance of tailoring informed consent encounters to the personal and sociohistorical context of participants’ lived experiences. (shrink)

Protecting the privacy of individually-identifiable health data and promoting the public’s health often seem at odds. Privacy advocates consistently seek to limit the acquisition, use, and disclosure of identifiable health information in governmental and private sector settings. Their concerns relate to misuses or wrongful disclosures of sensitive health data that can lead to discrimination and stigmatization against individuals. Public health practitioners, on the other hand, seek regular, ongoing access to and use of identifiable health information to accomplish important public health (...) objectives. The collection and use of identifiable health data by federal, tribal, state, and local health authorities support nearly all public health functions and goals.Identifiable health data are the lifeblood of public health practice. When aggregated, these data help authorities monitor the incidence, patterns, and trends of injury and disease in populations. Health data are acquired by public health authorities through testing, screening, and treatment programs. (shrink)

Current economic conditions have coincided with the implementation of the Health Insurance Portability and Accountability Act and forced public health officials to consider how to ethically incorporate compliance into their already strained budgets, while maintaining the integrity and intent of the legislation.As of April 14, 2003, the HIPAA Privacy Rule provides a new federal floor of protections for personal health information. The Privacy Rule establishes standards for the protection of health information held by many physicians’ offices, health plans, and health (...) care clearinghouses. The Rule protects personal health information by establishing conditions regulating the use and disclosure of individually identifiable health information by these entities, also referred to as covered entities. The Rule does not prevent the daily operations of health care establishments. (shrink)

As part of a review symposium on DARWIN'S ARGUMENT BY ANALOGY: FROM ARTIFICIAL TO NATURAL SELECTION (2021), the journal METASCIENCE invited Roger White, Jon Hodge and me to submit a response to the thoughtful commentaries on our book by Andrea Sullivan-Clarke, David Depew and Andrew Inkpen.

Concern about high-profile ethical lapses by business managers has led to an increasing emphasis on ethics instruction in business schools. Various pedagogical methods are used to expose business students to real-world ethical dilemmas, yet students may not readily grasp the linkages between ethical theories and dilemmas to identify possible ethical solutions. Venn diagrams are a valuable instructional tool in business ethics classes when used with other teaching methodologies such as case studies. We describe how the use of Venn diagrams assists (...) students in visualizing the key points of and the connections between ethical theories and dilemmas to shed light on possible ethical solutions. Examples of teaching exercises are provided along with ideas for future research in the use of Venn diagrams in activating moral imagination and improving ethical reasoning. Overall, positive student reactions to the introduction of Venn diagrams in business ethics classrooms support the use of this methodology. (shrink)

Concern about high-profile ethical lapses by business managers has led to an increasing emphasis on ethics instruction in business schools. Various pedagogical methods are used to expose business students to real-world ethical dilemmas, yet students may not readily grasp the linkages between ethical theories and dilemmas to identify possible ethical solutions. Venn diagrams are a valuable instructional tool in business ethics classes when used with other teaching methodologies such as case studies. We describe how the use of Venn diagrams assists (...) students in visualizing the key points of and the connections between ethical theories and dilemmas to shed light on possible ethical solutions. Examples of teaching exercises are provided along with ideas for future research in the use of Venn diagrams in activating moral imagination and improving ethical reasoning. Overall, positive student reactions to the introduction of Venn diagrams in business ethics classrooms support the use of this methodology. (shrink)

In On the Origin of Species, Charles Darwin put forward his theory of natural selection. Conventionally, Darwin's argument for this theory has been understood as based on an analogy with artificial selection. But there has been no consensus on how, exactly, this analogical argument is supposed to work – and some suspicion too that analogical arguments on the whole are embarrassingly weak. Drawing on new insights into the history of analogical argumentation from the ancient Greeks onward, as well as on (...) in-depth studies of Darwin's public and private writings, this book offers an original perspective on Darwin's argument, restoring to view the intellectual traditions which Darwin took for granted in arguing as he did. From this perspective come new appreciations not only of Darwin's argument but of the metaphors based on it, the range of wider traditions the argument touched upon, and its legacies for science after the Origin. (shrink)

Since its inception in September 2010, the Network for Public Health Law has responded to hundreds of public health legal technical assistance claims from around the country. Based on a review of these data, a series of major trends in public health practice and the law are analyzed, including issues concerning: the Affordable Care Act, tobacco control, emergency legal preparedness, health information privacy, food policy, vaccination, drug overdose prevention, sports injury law, public health accreditation, and maternal breastfeeding. These and other (...) emerging themes in public health law demonstrate the essential role of law and practice in advancing the public's health. (shrink)