The Indiana Court of Appeals, in JKB, Sr. v. Armour Pharmaceutical Co. ), held that the state's Blood Shield Act does not protect pharmaceutical companies that produce blood-derived products from product liability suits based on injuries attributable to tainted blood supplies. Blood shield statutes help to guarantee adequate blood supplies by limiting the liability of blood banks. This holding limits the defenses available to pharmaceutical companies sued under product liability theory.The defendant, Armour Pharmaceutical, produces and sells clotting factor agents, which (...) are derived through plasmapheresis. Plasmapheresis is a costly and complex donation process through which the plasma and red blood cells of a donor's blood are separated. After separation, the process returns the red blood cells to the donor but retains the plasma. (shrink)

A clearly written book by an accomplished teacher. Though obviously published as a textbook, it contains a kind of learning which can only be possessed by a mature philosopher, and perhaps appreciated in full only by a peer. The book is an introduction to philosophy, philosophy broadly and classically conceived, encompassing metaphysics, a theory of knowledge, and philosophical reflections on science, man, nature, and art. The ten chapters devoted to knowledge present to the beginner, simply and lucidly, a review of (...) some of the best work published in the fields of epistemology and the philosophy of science in recent decades. Abel’s approach is both systematic and historical. He allows philosophers to speak to each other across the ages where they have addressed common problems, but the focus is on the problems. His own viewpoint has obviously been shaped by the naturalism of Dewey and Woodbridge, but the book has the merit of being temperate and fair to other fundamentally different metaphysical positions. Throughout his presentation, the philosophical enterprise is seen, not as a critical one of tearing down, but as a collaborative effort in which the best minds of the past, through their various insights, have contributed to the solution of ancient problems relating to man and knowledge. In effect, the book is a refreshing synthesis, and is apt to be far more valuable as a teaching instrument than the usual heterogeneous anthology published for the same purpose.—J.P.D. (shrink)

This pamphlet contains essays by Will Herberg, C. Herman Pritchett, David Fellman, Valerie Earle and Sidney Hook on the principle of academic freedom, its implications, and its recognition by the courts. Will Herberg in the opening essay argues that the greatest threat to academic freedom is the politicization of the university, the pressure to convert the university into an agency of social and political action. Unless the university is thoroughly depoliticized and rededicated exclusively to the cause of learning and scholarship, (...) warns Herberg, it will be destroyed. C. H. Pritchett provides a useful summary of nearly all the Supreme Court's decisions bearing in some way on the academic freedom of teachers. Sidney Hook maintains that the Supreme Court has failed to make certain basic distinctions in its opinions, i.e., between the obligations of public employees and employees in private institutions; between those in professions of public trust and those who are not; and between membership in highly disciplined organizations with purposes antithetical to democratic values and membership in others which are broad in purpose and loosely bound together. From an analysis of the opinions of the Supreme Court and the nature and defense of academic freedom, Hook concludes that the court is a very uncertain protector and guide. In matters of professional ethics, it is the faculties themselves which must uphold and enforce standards of professional integrity. Their failure to do so has led to unnecessary and unwise legislative intervention. Recent events on many college and university campuses, and in particular the increasing resort to civil courts to adjudicate what are basically professional disputes, have emphasized the need for the type of discussion contained in this brief volume.--J. P. D. (shrink)

Four previously unpublished chapters by Jacob Viner. The first two deal with the economic doctrines of the Christian Fathers and the Scholastics; the last two are each concerned with a particular aspect of the relationship between religious thought, economic ethics, and society. Initially conceived as part of a larger study on "Religion and Society," this volume holds some interest for the philosopher of religion because it examines the treatment by Christian theologians, both Protestant and Catholic, of topics such as private (...) property, riches and poverty, commerce, just price and economic motivation. Viner explores the roles of early Protestant theology in the rise of capitalism, with special reference to the Weber-Tawney thesis which attributes significant responsibility to Calvinist doctrine for the growth and the character of modern capitalism. The chapters on Patristic and Scholastic economic thought are particularly strong. There is a detailed examination of the economic views of Thomas Aquinas, though the author is aware that Aquinas’s influence was not a dominant one before the sixteenth century. In the final chapter Viner amasses considerable historical evidence to construct a case against Weber and his followers. In the first three chapters, Viner appears to have been partly inspired by a desire to correct the false impressions of some earlier and less friendly commentators on Catholic economic thought. Throughout, documentation is extensive. There is a rich bibliography.—J.P.D. (shrink)

This bibliographical study involved first the exploitation of four data-banks: Medline, CNRS, Bioethics and AIDS, with the following key words (in conjunction with AIDS): ethics, human rights, confidentiality, legislation, jurisprudence. A total of 412 references were listed between 1983 and the end of 1987. Examination of the quantitative increase of articles over these years shows that, while references to AIDS and/or HIV infection--referred to as 'AIDS' for brevity--increased by about one third per year, the number of papers treating ethical problems (...) linked to AIDS doubled each year. This increase makes it clear that these problems are important and pressing, that they are evolving rapidly and can be given no easy solution. After reading and analysis of accessible articles in readily comprehensible languages, the different themes can be classified in two categories: 1: Measures intended to protect society (starting with the most coercive); quarantine and isolation; discriminatory measures concerning specific groups; non-respect of the confidential nature of medical information; application of the penal code; screening; obligatory declaration and registration; testing of blood given by donors; vaccination and medical innovations, therapeutic assays; information, education. 2. Measures intended to protect the individual: fundamental rights of the patient: his/her right to confidentiality, to information and to treatment; civil rights: civil liberty, right to education, right to work, etc...; rights of the healthy individual: right of those in contact with the patients, safety of hospital staff, of those receiving blood-transfusions, etc... The legislation adopted in the various countries and the main opinions to be found in these articles are listed and analysed, and for each particular theme it is possible to refer to a list of the 232 most important articles. While the debate seems to concentrate on the conflict between the right of society to protect itself against the spread of infection and the 'civil' rights of the infected minorities, our conclusion tends to reduce this antagonism, showing that, particularly as far as the confidential nature of medical information is concerned, measures intended to protect the individual also protect society. (shrink)

One does not need to read many pages of this very rich book to realize that it is the fruit of a lifetime of study and that it is both speculatively wise and prudent. Though it may not receive the same degree of attention as other well publicized studies it clearly ranks with studies such as Hart's The Concept of Law and Erlich's The Sociology of Law. The author intends to develop a systematic theory of positive law, with close attention (...) to the circumstances that bring law into being, the purposes that law is designed to serve, and the structure of the legal system itself. He also proposes to apply this theory to an examination of the problems that law faces and the conditions that it must satisfy if it is to be an effective force in society. Nineteen chapters follow. Jenkins is aware that the study of law is but part of the larger study of society from which law receives its tasks and form. To determine the origin, end and functions of law is to search for those objective principles that define the conditions of man's well-being. While the first part of the book is concerned with the formulation of a general theory of law, the second explores the role of law in the social order and the conditions of legal effectiveness. Jenkins provides dramatic evidence that in our day, particularly in the United States, law is being employed for purposes that are unprecedented. "The legal apparatus," he writes, "is being asked to intervene in areas of social and personal life that have hitherto been handled by other agencies in other ways." It is the author's judgment that these nontraditional uses of law have for the most part been disappointing in their results. "We abuse the legal apparatus," writes Jenkins "because we have inadequate notions both of what the law is and how it works." Jenkins is convinced that law supplies the compelling social need for a force that is at once sovereign and principled. As sovereign it is entitled to habitual obedience and to the use of force when necessary. As sovereign, subject to no external control, it must be principled. It must govern itself by self-imposed provisions and mechanisms that determine the use of this power and prevent it from becoming autocratic and arbitrary. (shrink)

The achievements of the textile industry in Roman Britain are often underestimated as a result of the meagreness of our available evidence. The Edict on maximum prices issued by Diocletian in A.D. 301 shows that British capes commanded high prices on the markets of the Empire, and that in the late third century A.D. British rugs were the best in the world. In view of the competition from the traditional centres of rug manufacture in the East, this is an astonishing (...) achievement. (shrink)

For live-related kidney donation, the current UK guidance specifies that the donor has a right to know the recipient’s HIV status. This guidance may prevent some potential recipients from asking friends or family to donate, as they do not wish them to know they are HIV positive. Currently, it is felt necessary that the donor should know the HIV status of the recipient in order to give fully informed consent to the operation. However, the specific medical details are not required (...) in order to allow for donor informed consent. This consent requires knowledge of the general expectation for survival of a graft and the specific expectation for survival of this graft in the recipient; it does not require specific knowledge of the recipient’s medical condition. (shrink)

1. The Commentariolum Petitionis is not in the Codex Mediceus of Cicero's correspondence with his brother Quintus, but it appears at the end of the letters to Quintus in the other manuscripts. It starts in the normal manner of a letter and is, or purports to be, a collection of tips on canvassing set in the particular context of M. Cicero's consular candidature in 64: a composition of his brother Quintus. It is printed as no. 12 in Tyrrell and Purser's (...) collection of Cicero's Letters. (shrink)

Of the early Roman historians who wrote in Greek, A. Postumius Albinus was not necessarily alone in realizing that his Greek was not the best Greek; while, on the other hand, Cato and those who followed the new fashion of writing in Latin would have resented, we may assume, could they have foreknown, the statement of Q,. Catulus in Cicero's De Oratore that they had no literary or rather ‘oratorical’ merit; though Cato might have approved Catulus' caustic comment on Roman (...) historical writing, ‘Satis est non esse mendacem’. That an historian should not, consciously and deliberately, lie all second-century historians would no doubt have agreed; and they would have endorsed Polybius' condemnation of masquerading as history in a story whose falseness was self-evident, because it assumed, on the part of the young sons of senators at Rome, a gravitas such as no young boy could possibly possess. (shrink)

We isolate two abstract determinacy theorems for games of length $\omega_1$ from work of Neeman and use them to conclude, from large-cardinal assumptions and an iterability hypothesis in the region of measurable Woodin cardinals thatif the Continuum Hypothesis holds, then all games of length $\omega_1$ which are provably $\Delta_1$ -definable from a universally Baire parameter are determined;all games of length $\omega_1$ with payoff constructible relative to the play are determined; andif the Continuum Hypothesis holds, then there is a model of (...) ${\mathsf{ZFC}}$ containing all reals in which all games of length $\omega_1$ definable from real and ordinal parameters are determined. (shrink)

It is shown that the determinacy of $G_{\delta \sigma }$ games of length $\omega ^2$ is equivalent to the existence of a transitive model of ${\mathsf {KP}} + {\mathsf {AD}} + \Pi _1\textrm {-MI}_{\mathbb {R}}$ containing $\mathbb {R}$. Here, $\Pi _1\textrm {-MI}_{\mathbb {R}}$ is the axiom asserting that every monotone $\Pi _1$ operator on the real numbers has an inductive fixpoint.

‘Auctoritas’ was naturally one of Cicero's favourite concepts. In the ideal republic power lay with the people, auctoritas with the Senate . Alternatively, in a balanced state, potestas would lie with the magistrates, libertas with the people, but still auctoritas would be the property of the Senate, ‘in principum consitio’ [De rep. 2. 57).

Compelled by recent public and politicized cases in which withdrawal of nutrition and hydration were at issue, this essay examines recent Church statements and argues that the distinction between private and public forms of human life is being lost. Effacing the distinction between the sphere of the home (oikos), where the maintenance of life (zoē) occurs, and the city (polis), where political and public life (bios) occurs, may have unforeseen and unwanted consequences. Through their well-intentioned efforts to preserve the sanctity (...) of life, certain bishops and the Congregation for the Doctrine of the Faith have unfortunately brought political considerations into the home, taking decision-making authority away from those most intimately related to the patient. Thus, the question of removing nutrition and hydration in the case of patients such as Schiavo and Englaro becomes politicized and abstract, in contrast with the Church's previous positions on the importance of proportionate means in the maintenance of life, local decision making, and its recognition of life as a penultimate end. (shrink)

We consider the following question of Kunen: Does Con imply Con? We use core model theory to investigate consequences of the existence of such a j : M $\rightarrow$ V. We prove, amongst other things, the existence of such an embedding implies that the core model K is a model of "there exists a proper class of almost Ramsey cardinals". Conversely, if On is Ramsey, then such a j, M are definable. We construe this as a negative answer to the (...) question above. We consider further the consequences of strengthening the closure assumption on j to having various classes of fixed points. (shrink)