In most U.S. jurisdictions, clinicians providing informal “curbside” consults are protected from medical malpractice liability due to the absence of a doctor-patient relationship. A recent Minnesota Supreme Court case, Warren v. Dinter, offers the opportunity to reassess whether the majority rule is truly serving the best interests of patients.

The cost of health care, its growing share of the gross domestic product, and dire predictions about the future are a major political and economic issue in the U.S. The American legal system is commonly viewed as a significant part of the problem, particularly by those who believe that medical providers engage in defensive medicine in an effort to avoid malpractice litigation. Yet scholars and commentators in the U.S. have shown relatively little interest in how other nations manage legal conflict (...) over health care and whether they might learn something from abroad about the relationship between malpractice litigation and the health care system more generally.To that end, this article analyzes the Japanese health care experience, specifically the management of what are variously called adverse outcomes, medical accidents, and medical malpractice. How frequently do Japanese patients sue their doctors? Are medical malpractice litigation rates in Japan rising? If so, what is being done to control the increase and its impact on medical care? How well is Japan doing when it comes to balancing the needs of patients who believe they are victims of medical negligence with those of providers who think they are being unfairly accused? These are the questions, about Japan, that need to be asked by those interested in the nexus of law and health care in the U.S. (shrink)

By endorsing the use of a vaccine that makes the experience of puffing on a cigarette deeply distasteful, Lieber and Millum have taken the first few tentative steps into a future filled with medical interventions that manipulate individual preferences. It is tempting to embrace the careful arguments of “Preventing Sin” and celebrate the possibility that the profound individual and social costs of smoking will finally be tamed. Yet there is something unsettling about the possibility that parental discretion may be on (...) the cusp of a radical expansion, one that involves a new and unexplored approach to behavior modification. (shrink)

An American in Tokyo finds that the Japanese cultural values of consensus and deference to authority characterize their approach to ethical issues in health care.

Scholars in the U.S. have shown relatively little interest in the management of legal conflict over health care in other nations. This article examines the Japanese health care system, particularly litigation over medical malpractice, and asks what American scholars and policy makers can learn from the Japanese experience.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Strangers in the Land: Blacks, Jews, Post-Holocaust AmericaKeith P. Feldman (bio)Eric J. Sundquist. Strangers in the Land: Blacks, Jews, Post-Holocaust America. Cambridge, MA: Harvard UP, 2005. 662 pp.Strangers in the Land: Blacks, Jews, Post-Holocaust America provides a wide-ranging, rich, and nuanced cultural history of what Eric J. Sundquist terms the "black-Jewish question" (2). In doing so, the book serves as both culmination and corrective to (...) an already-expansive scholarly literature on blacks and Jews generated since the late 1960s. Much of this scholarship has operated within a U.S.-centered paradigm to chart interethnic relations, laboring as it does to unpack, complicate, theorize, and otherwise come to understand the changing texture of black-Jewish relations and, in Sundquist's wods, its "intermixture of empathy, anxiety, and Hostility' (3)." Strangers in the Land stretches this paradigm to its limit, even as the diasporic imaginaries treated therein persistently escape a U.S. national imaginary and signal other possibilities for conceptualizing this tense and tender history.In its five hundred–plus pages of text, one hundred–plus pages of endnotes, and countless detailed footnotes (that are themselves illustrative and evocative), Sundquist has assembled a voluminous archive of textual material to show how works of the imagination by blacks and Jews have been "produced in a dynamic, multilayered historical matrix" that reveals the paradoxes of American liberalism (9). From the well-known and well-trodden (novels by Bellow, Roth, Malamud, and Morrison all play key roles) to the newly discovered and underappreciated (John A. Williams's Sons of Darkness, Sons of Light; Paule Marshall's The Chosen Place, the Timeless People; Gloria Naylor's Bailey's Café; William Melvin Kelley's A Different Drummer; Jon Michael Spencer's Tribes of Benjamin; Lore Segal's Her First American), Sundquist's careful historicism reveals how works of the imagination can serve as both microscopic and telescopic lenses through which to examine the vicissitudes of what he calls black and Jewish "interdependent self-conceptions" in the United States (5).Along with addressing a thick textual archive with subtlety and patience, Sundquist's major analytical innovation is that, unlike many of his predecessors, which frequently [End Page 63] positioned their analyses within the scarred domestic terrain of post–civil rights polarization, Sundquist's voracious curiosity dwells in the archive's heterogeneous details, allowing him to linger in examples that routinely exceed the simple polarization of blacks and Jews. The complex racial geography of New York boroughs and greater Chicagoland, for instance, is overlaid by Auschwitz and Egypt and Jerusalem, Ghana and Kenya and the Caribbean. In these settings, Sundquist spends time with figures only glimpsed in passing in other works: Arab Jews, Afro-Zionists, and anti-Zionists; Jews and Black Jews; Black Panthers, Israeli Black Panthers, Holocaust survivors, Holocaust deniers, Black Power advocates, and their Jewish Power doppelgangers. In a lengthy meditation on Harper Lee's To Kill a Mockingbird, Sundquist charts the novel's refractions of the problem of American racial equality in the wake of the Holocaust. Similarly, the careful readings of novels by Naylor, Williams, Spencer, and Kelley exemplify the rich results of Sundquist's method.This deeply historicist and intertextual project echoes Sundquist's 1993 epic work To Wake the Nations: Race in the Making of American Literature, which strenuously and quite effectively demonstrated how African American literature is constitutive of American literature, and not merely a minor subset of it. If this earlier work revealed the continued paradox of racial slavery in American conceptions of democracy, Strangers in the Land serves as something of a sequel. The book places another massive racial project, the systematic genocide of Europe's Jews, at the heart of twentieth-century American life. "The Holocaust," writes Sundquist, "became the benchmark against which at least one other case, African American slavery and its aftermath, has been judged" (6). By placing Jewish genocide at the center of his analysis, Sundquist importantly reminds us of the conclusion reached almost simultaneously by both Hannah Arendt and Aimé Césaire, that the Nazi racial project had its ideological origins in nineteenth-century European imperialism, and that this legacy bears indelibly on the present... (shrink)

Here I consider the two most venerated arguments about the existence of God: the Ontological Argument and the Argument from Evil. The Ontological Argument purports to show that God’s nature guarantees that God exists. The Argument from Evil purports to show that God’s nature, combined with some plausible facts about the way the world is, guarantees (or is very compelling grounds for thinking) that God does not exist. Obviously, both arguments cannot be sound. But I argue here that they are (...) both unsound for the very same reason. (shrink)

This Element introduces the philosophical literature on models, with an emphasis on normative considerations relevant to models for decision-making. Chapter 1 gives an overview of core questions in the philosophy of modeling. Chapter 2 examines the concept of model adequacy for purpose, using three examples of models from the atmospheric sciences to describe how this sort of adequacy is determined in practice. Chapter 3 explores the significance of using models that are not adequate for purpose, including the purpose of informing (...) public decisions. Chapter 4 provides a basic framework for values in modelling, using a case study to highlight the ethical challenges in building models for decision making. It concludes by establishing the need for strategies to manage value judgments in modelling, including the potential for public participation in the process. (shrink)

There are many alleged problems with trusting another person’s moral testimony, perhaps the most prominent of which is that it fails to deliver moral understanding. Without moral understanding, one cannot do the right thing for the right reason, and so acting on trusted moral testimony lacks moral worth. This chapter, however, argues that moral advice differs from moral testimony, differs from it in a way that enables a defender of moral advice to parry this worry about moral worth. The basic (...) idea is that an advisor and an advisee can together constitute a joint agent, and that this joint agent’s action can indeed have moral worth. So while the advisee himself might not do the right thing for the right reason (this because all alone he lacks the right reason), and while the advisor herself might not do the right thing for the right reason (this because all alone she does not do the right thing), they together do the right for the right reason. (shrink)

We review and present a new meta‐analysis of research suggesting that ethicists in the United States appear to behave no morally better overall than do non‐ethicist professors. Measures include: returning library books, peer evaluation of overall moral behavior, voting participation, courteous and discourteous behavior at conferences, replying to student emails, paying conference registration fees and disciplinary society dues, staying in touch with one's mother, charitable giving, organ and blood donation, vegetarianism, and honesty in responding to survey questions. One multi‐measure study (...) found ethicists tending to embrace more stringent moral views, especially about meat eating and charitable donation. The same multi‐measure study found ethicists and other professors to show similarly small‐to‐medium correlations between their expressed normative attitudes and their self‐reported or directly measured behavior. (shrink)

There has recently been a revival of interest in ‘naturalizing’ ethics. A naturalization seeks to vindicate ethical realism — the idea that ethical judgments can be true reflections of a moral reality — without violating the naturalist constraint that science sets the limits of ontology. The recent revival has been prompted by examples of successful scientific reduction (e.g. temperature, water), and by the emergence of new, nonreductive naturalist strategies (e.g. for biological and mental properties). In this paper, I argue against (...) such naturalist approaches to ethics. My argument builds on the traditional one offered by G.E. Moore, namely that a naturalization would fail to respect an existing difference between the meanings of moral and naturalistic terms. I defend this line of argument against the common claim that it cannot block ‘synthetic’ property identities, ones grounded not in meaning equivalences but in empirical discoveries (as in the cases of temperature and water). I then go on to show that the Moorean argument can make trouble even for recent revisionist and nonreductive naturalist approaches. (shrink)

Introduction -- Sanctioning models : theories and their scope -- Methodology for a virtual world -- A tale of two methods -- When theories shake hands -- Models of climate : values and uncertainties -- Reliability without truth -- Conclusion.

Are philosophical arguments as effective as narratives in influencing charitable giving and attitudes toward it? In four experiments, we exposed online research participants to either philosophical arguments in favor of charitable giving, a narrative about a child whose life was improved by charitable donations, both the narrative and the argument, or a control text (a passage from a middle school physics text or a description of charitable organizations). Participants then expressed their attitudes toward charitable giving and were either asked how (...) much they would hypothetically donate if given $10 (Experiment 1) or told they had a 10% chance of winning $10 and given the opportunity to donate from their potential winnings (Experiments 2–4). Across the four experiments, participants in all of the narrative conditions and in some of the argument conditions tended to express more positive attitudes toward charitable giving and donated about $1 more on average than did participants in the control conditions. These effects appear to have been mediated by the “narrative transportation” scale, which suggests that appeals to donate can be effective if they engage participants’ emotions, imagery, and interest. (shrink)

Polus admires orators for the tyrannical power they have. However, Socrates argues that orators and tyrants lack power worth having: the ability to satisfy one's wishes or wants (boulēseis). He distinguishes wanting from thinking best, and grants that orators and tyrants do what they think best while denying that they do what they want. His account is often thought to involve two conflicting requirements: wants must be attributable to the wanter from their own perspective (to count as their desires), but (...) wants must also be directed at objects that are genuinely good (in order for failure to satisfy them to matter). We offer an account of wanting as reflective, coherent desire, which allows Socrates to satisfy both desiderata. We then explain why he thinks that orators and tyrants want to act justly, though they do greater injustices than anyone else and so frustrate their own wants more than anyone else. (shrink)

Eric Martin and Daniel N. Osherson present a theory of inductive logic built on model theory. Their aim is to extend the mathematics of Formal Learning Theory to a more general setting and to provide a more accurate image of empirical inquiry. The formal results of their study illuminate aspects of scientific inquiry that are not covered by the commonly applied Bayesian approach.

This article examines Harold Ramis’s 2005 noir comedy _The Ice Harvest_ as the critically dystopian counter-panel to his beloved 1993 film _Groundhog Day_, a film frequently discussed within the paradigm of utopia. While starkly different in genre, tone, and reception, the two films comprise a dialectical dyad that registers the historical transition from the utopian cultural effervescence of the early 1990s to the tragic foreclosure of imaginative horizons and the dystopian transformation of economic, political, and social landscapes in the new (...) millennium. In _The Ice Harvest_, the author argues, this is achieved through a strategic reactivation of film noir as a variant of the critical dystopia. (shrink)

There is much to admire in this book. It is written in a pleasingly straightforward style, and offers insight on a wide range of important issues.

In what sense, and to what extent, do rules of inference determine the meaning of logical constants? Motivated by the principle of charity, a natural constraint on the interpretation of logical constants is to make the rules of inference come out sound. But, as Carnap observed, although this constraint does rule out some non-standard interpretations, it does not rule them all out. This is known as Carnap’s problem. I suggest that a charitable interpretation of the logical constants should, as far (...) as possible, make the rules of inference both sound and complete, and I show how this idea can be brought to bear on a successful solution to Carnap’s problem in the case of classical propositional logic, as well as classical first-order logic. In fact, the solution generalizes to any logic whose rules of inference are sound and complete with respect to a bivalent semantics that is classical with respect to negation. (shrink)

During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper argues that the moralized account (...) of international law we might have expected is conspicuously missing from this posthumous article; with Dworkin advancing an argument based on a form of political realism instead. (shrink)

In the philosophy of climate science, debate surrounding the issue of variety of evidence has mostly taken the form of attempting to connect these issues in climate science and climate modeling with philosophical accounts of what has come to be known as “robustness analysis.” I argue that an “explanatory” conception of robustness is the best candidate for understanding variety of evidence in climate science. I apply the analysis to both examples of model agreement, as well at to the convergence of (...) evidence from both model and non-model sources. (shrink)

Using an example of a computer simulation of the convective structure of a red giant star, this paper argues that simulation is a rich inferential process, and not simply a “number crunching” technique. The scientific practice of simulation, moreover, poses some interesting and challenging epistemological and methodological issues for the philosophy of science. I will also argue that these challenges would be best addressed by a philosophy of science that places less emphasis on the representational capacity of theories and more (...) emphasis on the role of theory in guiding the construction of models. (shrink)

The naturalistically inclined philosopher of mind faces two related challenges: (1) show how mental content could be part of the natural world, and (2) show how content can be one of the factors responsible for producing (causing) behaviour, that is, show that content is not epiphenomenal. One might pursue the first goal with the intent of showing that mental content is epiphenomenal, but it is more likely that the philosopher concerned with showing how content can be naturalized also expects content (...) to be causally efficacious. Indeed, why pursue the first challenge while holding that content is epiphenomenal? Thus these two challenges overlap: show how content can be naturalized without making content epiphenomenal. (shrink)

In computer simulations of physical systems, the construction of models is guided, but not determined, by theory. At the same time simulations models are often constructed precisely because data are sparse. They are meant to replace experiments and observations as sources of data about the world; hence they cannot be evaluated simply by being compared to the world. So what can be the source of credibility for simulation models? I argue that the credibility of a simulation model comes not only (...) from the credentials supplied to it by the governing theory, but also from the antecedently established credentials of the model building techniques employed by the simulationists. In other words, there are certain sorts of model building techniques which are taken, in and of themselves, to be reliable. Some of these model building techniques, moreover, incorporate what are sometimes called “falsifications.” These are contrary-to-fact principles that are included in a simulation model and whose inclusion is taken to increase the reliability of the results. The example of a falsification that I consider, called artificial viscosity, is in widespread use in computational fluid dynamics. Artificial viscosity, I argue, is a principle that is successfully and reliably used across a wide domain of fluid dynamical applications, but it does not offer even an approximately “realistic” or true account of fluids. Artificial viscosity, therefore, is a counter-example to the principle that success implies truth – a principle at the foundation of scientific realism. It is an example of reliability without truth. (shrink)

This paper argues that under some conditions, when one person acts on the direction of another person, the two of them thereby act together, and that this explains why both the director and the directee can be responsible for what is done. In other words, a director and a directee can be a joint agent, one whose members are responsible for what they together do. This is most clearly so when the directive is a command. But it is also sometimes (...) so when the directive is a bit of advice. (shrink)

This book analyzes crucial episodes in the history of American higher education in order to discover the best way to rescue the humanities. It urges apologists to stop focusing on the humanistic disciplines as inculcators of poorly defined skills and envisions a globalized approach to education based on humanistic masterworks.

We use Nietzsche’s On the Genealogy of Morality as a touchstone for comprehending Trump’s appeal and victory. Following Nietzsche’s concerns, the most noteworthy puzzle is that of Trump’s peculiar popularity, especially given his impolitic statements and policy proposals that often appear in tension with the interests of his voter base. While Nietzsche’s discussions of power and resentment would seem obvious starting points to examine the success of Trump and Trumpism, we contend that these provide largely superficial and, at best, incomplete (...) explanations. Instead, informed by Nietzsche’s moral psychology, we analyze Trump’s strategy in the context of the instinctual need for self-preservation. Trump’s amplification of this need through his rhetoric and cultivation of negative emotions, including resentment, has led to a revaluation that diminishes humanity. We conclude by drawing out the implications of Nietzsche’s view, revealing a forceful Nietzschean critique of Trump’s methods and values. (shrink)

In a large and impressive body of published work, Quayshawn Spencer has meticulously articulated and defended a metaphysical project aimed at resuscitating a biological conception of race—one free from many of the pitfalls of biological essentialism. If successful, such a project would be highly rewarding, since it would provide a compelling response to philosophers who have denied the genuine existence of race while avoiding the very dangers that they sought to avoid. The aim of this paper is to subject those (...) moves to careful scrutiny and thereby appraise the prospects for a new biologism about race. (shrink)