This article critically examines the legal arguments presented on behalf of Charlie Gard’s parents, Connie Yates and Chris Gard, based on a threshold test of significant harm for intervention into the decisions made jointly by holders of parental responsibility. It argues that the legal basis of the argument, from the case of Ashya King, was tenuous. It sought to introduce different categories of cases concerning children’s medical treatment when, despite the inevitable factual distinctions between individual cases, the duty of the (...) judge in all cases to determine the best interests of the child is firmly established by the case law. It argues that the focus should not have been on a threshold for intervention but on whether his parents had established that the therapy they wanted was a viable alternative therapeutic option. In the April hearing, Charlie’s parents relied on the offer of treatment from a US doctor; by July they had an independent panel of international experts supporting their case although by this time the medical evidence was that it was too late for Charlie. One of Charlie’s legacies for future disputes may be that his case highlighted the need for evidence as to whether the treatment parents want for their child is a viable alternative therapeutic option before a court can determine which therapeutic option is in the best interests of the child. (shrink)

This article considers proposals to reform the law in response to recent high profile cases concerning the medical treatment of children, currently before Parliament in the Access to Palliative Care and Treatment of Children Bill 2019–21. It considers the proposed procedural change, to introduce a requirement for mediation before court proceedings, and argues that dispute resolution processes should be a matter of good practice rather than enshrined in law. It argues that the proposed substantive change to determination of best interests (...) would not result in different outcomes because the best interests analysis co-exist with the legal and professional duties of doctors to children in their care. It argues that if there is to be reform of the law it needs to follow from a comprehensive review of all the issues in which the minimum standards imposed by law fit together with good practice standards and not in response to individual cases. (shrink)

In Rogers, the Court of Appeal held that the decision of Swindon N.H.S. Primary Care Trust to refuse to fund Herceptin for the treatment of Ann Rogers against breast cancer was irrational. The P.C.T. maintained that their decision was not resource driven but based on the fact that Herceptin was, at that time, not licensed by the European Medicines Agency (E.M.E.A.) for use in early stage breast cancer. Yet it was prepared to fund its use in ‹exceptional circumstances’ which could (...) only be based upon the personal situation of the patient. In this note, I focus upon the ‹exceptionality’ argument in the context of the patient as consumer of healthcare and women as carers. I argue for a focus upon caring rather than consumerism in healthcare. (shrink)

English summary: According to a current prejudice, the God of reason does not have a home in Protestantism. On the basis of model studies on the connection between biblical, Platonic and Aristotelian themes in the development of the Christian concept of God in late antiquity, the Middle Ages and the Renaissance, the authors of this volume show that the reformers did not at all flatly dismiss the rationality of faith. The articles focus on the modern transformations of the concept of (...) God in the 18th and 19th centuries. The volume, a collection of case studies of the history of the problem of the Christian concept of God, concludes with prominent syntheses of revelation and reason in the 20th century. German description: Einem gangigen Vorurteil zufolge hat der Gott der Vernunft im Protestantismus keine Heimat. Nach exemplarischen Studien zur Verbindung von biblischen mit platonischen und aristotelischen Motiven bei der Entfaltung des christlichen Gottesgedankens in Spatantike, Mittelalter und Renaissance zeigt der vorliegende Band aber, dass die Reformatoren der Vernunft des Glaubens keineswegs pauschal den Abschied gaben. Der Schwerpunkt der Beitrage liegt auf den neuzeitlichen Transformationen des Gottesgedankens im 18. und 19. Jh. Prominente Synthesen von Offenbarung und Vernunft im 20. Jh. schliessen den Band ab, der Fallstudien zu einer Problemgeschichte des christlichen Gottes-Denkens versammelt. Mit Beitragen von: Martin Arneth, Christine Axt-Piscalar, Ulrich Barth, Markus Buntfuss, Jorg Dierken, Douglas Hedley, Thomas Kaufmann, Dietrich Klein, Dietrich Korsch, Martin Laube, Jorg Lauster, Friederike Nussel, Bernd Oberdorfer, Joachim Ringleben, Friedemann Voigt, Dorothea Wendebourg, Gunther Wenz. (shrink)

Psychiatric diagnoses such as Autism Spectrum Disorder (ASD) are primarily attributed on the basis of behavioral criteria. The aim of most of the biomedical research on ASD is to uncover the underlying mechanisms that lead to or even cause pathological behavior. However, in the philosophical and sociological literature, it has been suggested that autism is also to some extent a ‘social construct’ that cannot merely be reduced to its biological explanation. We show that a one-sided adherence to either a biological (...) or a social explanation leads to a moral dilemma, a Catch-22, for autistics and for those living with them. Such explanations close the space for self-identifying as autistic and at the same time being considered to be in good mental health. They foreclose the possibility of making sense of the lived experience of (and with) autistics. In this paper we argue that such lack of space for moral imagination inherently leads to scientific stalemate. We propose that one can only go beyond this stalemate by taking an ethical stance in theorizing, one that enables better intersubjective understanding. Only on such a view can behavior and biology be linked without either disconnecting them or reducing the one to the other. (shrink)

The aim of this article is to analyse the relation between the second law of thermodynamics and the so-called arrow of time. For this purpose, a number of different aspects in this arrow of time are distinguished, in particular those of time-reversal (non-)invariance and of (ir)reversibility. Next I review versions of the second law in the work of Carnot, Clausius, Kelvin, Planck, Gibbs, Caratheodory and Lieb and Yngvason, and investigate their connection with these aspects of the arrow of time. It (...) is shown that this connection varies a great deal along with these formulations of the second law. According to the famous formulation by Planck, the second law expresses the irreversibility of natural processes. But in many other formulations irreversibility or even time-reversal non-invariance plays no role. I therefore argue for the view that the second law has nothing to do with the arrow of time. (shrink)

We identify two aspects of the problem of maintaining perceptual stability despite an observer's eye movements. The first, visual direction constancy, is the (egocentric) stability of apparent positions of objects in the visual world relative to the perceiver. The second, visual position constancy, is the (exocentric) stability of positions of objects relative to each other. We analyze the constancy of visual direction despite saccadic eye movements.Three information sources have been proposed to enable the visual system to achieve stability: the structure (...) of the visual field, proprioceptive inflow, and a copy of neural efference or outflow to the extraocular muscles. None of these sources by itself provides adequate information to achieve visual direction constancy; present evidence indicates that all three are used.Our final question concerns how information processing operations result in a stable world. The three traditionally suggested means have been elimination, translation, or evaluation. All are rejected. From a review of the physiological and psychological evidence we conclude that no subtraction, compensation, or evaluation need take place. The problem for which these solutions were developed turns out to be a false one. We propose a “calibration” solution: correct spatiotopic positions are calculated anew for each fixation. Inflow, outflow, and retinal sources are used in this calculation: saccadic suppression of displacement bridges the errors between these sources and the actual extent of movement. (shrink)

The target article by Locke & Bogin (L&B) focuses on the evolution of language as a communicative tool. They neglect, however, that from infancy onwards humans have the ability to go beyond successful behaviour and to reflect upon language (and other domains of knowledge) as a problem space in its own right. This ability is not found in other species and may well be what makes humans unique.

In the scholium to proposition 49 of Part 2 of the Ethics, Spinoza addresses a number of prejudices that tend to obscure the essentially judgmental nature of ideas. One warning is issued against those who do not distinguish accurately between ideas and images, and, for this exact reason, fail to see that every idea, insofar as it is an idea, always involves an affirmation that something is the case. This paper shows that in order to properly understand Spinoza's remarks in (...) this passage, we must redirect attention to Descartes’ Meditations on First Philosophy, and more particularly to the objections raised against them by Hobbes. Specifically, I argue for the identification of Hobbes and other likeminded “imagists” as Spinoza's main targets, and not, as is often assumed, Descartes himself or Cartesians in general. My identification not only resolves interpretative confusion surrounding this passage, but it also confirms Spinoza's commitment to a key rationalist assumption: the existence of a mind that can grasp or exhibit natures by clear and distinct perceptions. While both adequate and inadequate ideas are necessitated beliefs or judgments in which we assent to something, virtue consists in being propelled by the intellect. (shrink)

The Grand Illusion, the experience of a rich phenomenal visual world supported by a poor internal representation of that world, is echoed by petit illusions of the same sort. We can be aware of several aspects of an object or pattern, even when they are inconsistent with one another, because different neurological mechanisms code the various aspects separately. They are bound not by an internal linkage, but by the structure of the world itself. Illusions exploit this principle by introducing inconsistencies (...) into normally consistent patterns of stimulation. (shrink)

We provide empirical examples to conceptually clarify some items on Firestone & Scholl’s (F&S’s) checklist, and to explain perceptual effects from an attentional and memory perspective. We also note that action and embodied cognition studies seem to be most susceptible to misattributing attentional and memory effects as perceptual, and identify four characteristics unique to action studies and possibly responsible for misattributions.

Roughly speaking, classical statistical physics is the branch of theoretical physics that aims to account for the thermal behaviour of macroscopic bodies in terms of a classical mechanical model of their microscopic constituents, with the help of probabilistic assumptions. In the last century and a half, a fair number of approaches have been developed to meet this aim. This study of their foundations assesses their coherence and analyzes the motivations for their basic assumptions, and the interpretations of their central concepts. (...) The most outstanding foundational problems are the explanation of time-asymmetry in thermal behaviour, the relative autonomy of thermal phenomena from their microscopic underpinning, and the meaning of probability. A more or less historic survey is given of the work of Maxwell, Boltzmann and Gibbs in statistical physics, and the problems and objections to which their work gave rise. Next, we review some modern approaches to (i) equilibrium statistical mechanics, such as ergodic theory and the theory of the thermodynamic limit; and to (ii) non-equilibrium statistical mechanics as provided by Lanford's work on the Boltzmann equation, the so-called Bogolyubov-Born-Green-Kirkwood-Yvon approach, and stochastic approaches such as `coarse-graining' and the `open systems' approach. In all cases, we focus on the subtle interplay between probabilistic assumptions, dynamical assumptions, initial conditions and other ingredients used in these approaches. (shrink)

Psychology can be based on plans, internally held images of achievement that organize the stimulus-response links of traditional psychology. The hierarchical structure of plans must be produced, held, assigned priorities, and monitored. Consciousness is the operation of the plan-executing mechanism, enabling behavior to be driven by plans rather than immediate environmental contingencies. The mechanism unpacks a single internally held idea into a series of actions. New in this paper is the proposal that language uses this mechanism for communication, unpacking an (...) idea into a series of articulatory acts. Language comprehension uses the plan-monitoring mechanism to pack a series of linguistic events into an idea. Recursive processing results from monitoring one's own speech. Neurophysiologically, the planning mechanism is identified with higher-order motor control. (shrink)

This paper shows that the semantics of shenme ‘what’ in Chinese bare conditionals may exhibit a phenomenon of double quantification. I argue that such double quantification can be nicely accounted for if one adopts Carlson's (1977a, b) semantics of bare plurals and verb meanings as well as the following two assumptions: (i) shenme ‘what’ can be a proform of bare NPs and hence has the same kind of denotation as bare NPs, and (ii) Chinese bare NPs are names of kinds (...) of things. This analysis of Chinese bare conditionals lends support to Carlson's approach to bare plurals despite Wilkinson's (1991) criticisms. I also show that an extension of Heim's (1987) analysis of what as ‘something of kind x’ to Chinese shenme ‘what’ encounters problems when shenme ‘what’ is a shared constituent of a predicate which applies to kinds and another predicate which applies to objects. (shrink)

This paper shows that the semantics of shenme ‘what’ in Chinese bare conditionals may exhibit a phenomenon of double quantification. I argue that such double quantification can be nicely accounted for if one adopts Carlson's (1977a, b) semantics of bare plurals and verb meanings as well as the following two assumptions: (i) shenme ‘what’ can be a proform of bare NPs and hence has the same kind of denotation as bare NPs, and (ii) Chinese bare NPs are names of kinds (...) of things. This analysis of Chinese bare conditionals lends support to Carlson's approach to bare plurals despite Wilkinson's (1991) criticisms. I also show that an extension of Heim's (1987) analysis of what as ‘something of kind x’ to Chinese shenme ‘what’ encounters problems when shenme ‘what’ is a shared constituent of a predicate which applies to kinds and another predicate which applies to objects. (shrink)

This paper is a critical examination of Wittgenstein's view of the limits of intelligibility. In it I criticize standard analytic readings of Wittgenstein as an advocate of transcendental or behaviourist theses in epistemology; and I propose an alternative interpretation of Wittgenstein's view as a social contextualism that transcends the false dichotomy between Kantianism and psychologism. I argue that this social contextualism is strikingly similar to the social account of epistemic practices developed by Pierre Bourdieu. Through a comparison between Wittgenstein's and (...) Bourdieu's view and an analysis of the notion of habitus, I try to show how social contextualism can account for the distinction between sense and nonsense without falling into transcendental constructivism or social behaviourism. (shrink)

A substantial body of theoretical literature testifies to the evolutionary functions of emotions. Relatively little has been written about their developmental functions. This article discusses the developmental functions of emotions from the perspective of differential emotions theory (DET; Izard, 1977, 1991). According to DET, although all the emotions retain their adaptive and motivational functions across the lifespan, different sets of emotions may become relatively more prominent in the different stages of life as they serve stage-related developmental processes. In the first (...) section, we present a brief overview of relevant aspects of the theory. In the second section, we discuss how emotions play a central role in helping the individual achieve developmental milestones and tasks during four major periods of life: Infancy, toddler through preschool years, middle to late childhood, and adolescence. The underlying thesis of this article is that emotions play a central role in stimulating social cognitive attainments at each stage of development. (shrink)

I consider the problem of extending Reichenbach's principle of the common cause to more than two events, vis-a-vis an example posed by Bernstein. It is argued that the only reasonable extension of Reichenbach's principle stands in conflict with a recent proposal due to Horwich. I also discuss prospects of the principle of the common cause in the light of these and other difficulties known in the literature and argue that a more viable version of the principle is the one provided (...) by Penrose and Percival (1962). (shrink)

The principle of maximum entropy is a general method to assign values to probability distributions on the basis of partial information. This principle, introduced by Jaynes in 1957, forms an extension of the classical principle of insufficient reason. It has been further generalized, both in mathematical formulation and in intended scope, into the principle of maximum relative entropy or of minimum information. It has been claimed that these principles are singled out as unique methods of statistical inference that agree with (...) certain compelling consistency requirements. This paper reviews these consistency arguments and the surrounding controversy. It is shown that the uniqueness proofs are flawed, or rest on unreasonably strong assumptions. A more general class of inference rules, maximizing the so-called Re[acute ]nyi entropies, is exhibited which also fulfill the reasonable part of the consistency assumptions. (shrink)