As improvements in neuroscience have enabled a better understanding of disorders of consciousness as well as methods to treat them, a hurdle that has become all too prevalent is the denial of coverage for treatment and rehabilitation services. In 2011, a settlement emerged from a Vermont District Court case, Jimmo v. Sebelius, which was brought to stop the use of an “improvement standard” that required tangible progress over an identifiable period of time for Medicare coverage of services. While the use (...) of this standard can have deleterious effects on those with many chronic conditions, it is especially burdensome for those in the minimally conscious state, where improvements are unpredictable and often not manifested through repeatable overt behaviors. Though the focus of this paper is on the challenges of brain injury and the minimally conscious state, which an estimated 100,000 to 200,000 individuals suffer from in the United States, the post-Jimmo arguments presented can and should have a broad impact as envisioned by the plaintiffs who brought the case on behalf of multiple advocacy groups representing patients with a range of chronic care conditions. (shrink)

The American Constitution held out the hope that ordinary people were capable of deciding their own fates, and in doing so it immeasurably elevated the dignity of common people. The organization and interplay of the parts that comprise the whole American government exist to provide people the opportunity to govern themselves and, at the same time, reveal the limits of democratic self-rule. The forgetting of these limits is not only destructive to the constitution but the nation as a whole.

It is a cliché to say that the poor countries are becoming poorer and poorer while the rich ones become richer and richer. Previous experience shows that it is an illusion to count on mankind's sense of solidarity to resolve this dilemma. And yet we are dealing with a problem that is real, vast, and urgent. The developed world uses its knowledge and technological opportunities to sustain and increase its wealth, and in the race for scientific and technical advances the (...) “Third World” faces the serious risk of never being able to catch up. Seen in this light, it is understandable that some people have allowed themselves to be seduced by the notion that in order to achieve a better equilibrium in the world all that is required is to return to a “more natural” life in which science and technology no longer play a dominant role. It seems to us, however, that this vision is unrealistic because it does not take account of the fact that human nature pushes us toward competition and that the kind of solidarity that would compensate for, and mitigate, this competitiveness works successfully only on a small scale (e.g., within the family or clan) or in very special circumstances (e.g., wars, natural catastrophes). (shrink)

Each contributor to this book has used personal experience as the basis from which to frame his individual sociological perspectives. Because they have personalized their work, their accounts are real, and recognizable as having come from 'real' persons, about 'real' experiences. There are no objectively-distanced disembodied third person entities in these accounts. These writers are actual people whose stories will make you laugh, cry, think, and want to know more.

Many theories of complex cognitive-motor skill learning are built on the notion that basic cognitive processes group actions into easy-to-perform sequences. The present work examines predictions derived from laboratory-based studies of motor chunking and motor preparation using data collected from the real-time strategy video game StarCraft 2. We examined 996,163 action sequences in the telemetry data of 3,317 players across seven levels of skill. As predicted, the latency to the first action is delayed relative to the other actions in the (...) group. Other predictions, inspired by the memory drum theory of Henry and Rogers, received only weak support. (shrink)

In challenging Marxist theorists to confront the radical rebirth at the core of the fascist revolution, Roger Griffin has carried fascist studies to a new and valuable plateau. Likewise, David D. Roberts’s elaboration of Griffin’s model offers a provocative and fruitful avenue to rethink fascist political culture. This article seeks to advance the dialogue to the next level by considering what an international approach can add to these primarily nationalist interpretations of generic fascism. Drawing on examples from the history (...) of the United States, I argue that fascism is a fundamentally cosmopolitan process and that it needs to be placed on a broader continuum with the histories of slavery, racism and nationalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 23 (2003) 159-161 [Access article in PDF] Benedict's Dharma: Buddhist Reflections on the Rule of Saint Benedict. By Norman Fischer, et al. Edited by Patrick Hart, with an afterword by David Steindl-Rast and a translation of the Rule by Patrick Berry. New York: Riverhead Books, 2001. xvi + 222 pp. When Buddhist and Christian monastics meet, they recognize each other as brothers and sisters engaged in a (...) similar quest, despite their doctrinal differences. The nature of this quest is explored in Benedict's Dharma, in which four Buddhists (Norman Fischer, Joseph Goldstein, Judith Simmer-Brown, and Yifa, representing the Zen, Theravadin, Tibetan, and Chinese Buddhist traditions) ruminate on their fraternal and sororal feelings.Venerable Yifa, a nun of the prominent Taiwanese monastery Fo Guang Shan, is the only one of the four in monastic vows, and the reader may wonder what the three non-monastics could offer to a discussion on the monastic life. This is not a new problem. Patrick Henry and Donald Swearer's groundbreaking study, For the Sake of the World: The Spirit of Buddhist and Christian Monasticism (1989), spends a great deal of time on Zen monks, even though there are no Zen monks, theVinaya is kept by the Zen nuns or by the monastics of the parent and sibling lineages of Chan, Son, and Thien. (See my review article, "Why Are There Monks and Nuns?" in Buddhist-Christian Studies 12.) The monastic, it seems, is not confined to the habit.Brother David Steindl-Rast, a monk of Mount Saviour Monastery, grapples with this problem in his afterword, "Conclusions about a Beginning." It was at Mount Saviour that the phrase "the monastic dimension" was coined, to refer to those of monastic bent who for one reason or another did not or could not live in the cloister. One of Brother David's books was to be called, he told me, The Monk in Us, "us" meaning laypeople, but the title had an odd sound and was dropped. So, what is the monastic dimension? Brother David suggests that it is mindfulness, and he comes close to saying that wherever there is mindfulness, there is monasticism. "If mindfulness is all that matters, the monastery is merely a most convenient environment for this kind of life, but it can be lived anywhere, by anyone" (126). He goes on to discuss the phenomenon of monasteries shrinking in size at the same time as the number of long- and short-term visitors to monasteries grows, and proposes that we are moving toward a new understanding of the terms "contemplative," "monastic," and "lay."This insight may point to the most important contribution of this book. It is not about monasticism per se, and it is not a comparative study of the Rule and the Vinaya, with practical suggestions for their mutual reform; rather, it is a meditation on how anyone, monastic or lay, might live the contemplative or mindful life. Throughout the history of the Church and the sangha, laypeople have been in the majority, but attention has been focused on the priests and monastics. Pope Pius X [End Page 159] put it bluntly: the laypeople are the sheep who are to be led, and the clergy are the shepherds who lead. The Church, he added, is not a democracy. I do not know of a Buddhist who has been quite this straightforward, but many have come close, and the history of Buddhism is not that of a democracy. Occasionally, lay movements in both traditions have arisen, basing themselves on the doctrine of the priesthood of all believers or on the teaching of universal Buddha-nature, but they have quickly been co-opted by leaders who proclaimed themselves to be more equal than their fellows. The tragedy for both Buddhism and Christianity is that the contemplative or mindful life has become restricted to a group of professionals, with the attendant belief that such a life is unattainable by most Buddhists and Christians. Now that the dharma has come to the land of the red-faced people, where democracy is... (shrink)

I am grateful for the extraordinarily kind comments that Professors Nancy Snow and Joseph Wagner have made about my essay. I find their criticisms useful as they point to some important weaknesses in that essay. Fortunately, I believe that these weaknesses lie mainly in the exposition of my argument and not in its substance. As anyone who has read even a few works in the vast secondary literature on utopianism will attest, “utopia” is an extremely difficult word to define. It (...) seems that, despite my best efforts, this difficulty has caused problems in my essay, too, as I believe that the objections raised by Snow and Wagner are based on my failure to be clear about my views on the nature of “utopia” and “utopianism.” In these comments, I will try to clarify what I mean by each term. Then, I will argue that, given my definitions, my arguments are untouched by my colleagues’ objections. (shrink)

The papers presented here derive from the 4th International Confe:--ence on History and Philosophy of Science held in Blacksburg, Virginia, U. S. A., November 2-6, 1982. The Conference was sponsored by the I nternational Union of History and Philosophy of Science and Virginia Polytechnic Institute and State University (Virginia Tech). Particular thanks go to L. Jonathan Cohen, Secretary of the Union, as well as to Dean Henry Bauer of the College of Arts & Sciences, Wilfred Jewkes and the Center for (...) Programs in the Humanities, Arthur Donovan and the Center for the Study of Science in Society and the Department of Philoso­ phy and Religion at Virginia Tech. Not only did they come through with the necessat"y funds, but they were all always ready with a helping hand when things got confusing. Two additional groups of individuals require a special note of thanks. First, considerable appreciation is due the mem­ bers of the Joint Commission of the I nternational Union of History and Philosophy of Science: Maurice Crosland, Risto Hilpinen and Vladimir Kirsanov. They were more than gen­ erous in thei r advice and co-operation. The Local Organizing Committee (Kenneth Alpern, Roger Ariew, Arthur Donovan, Larry Laudan, Ann La Berge, Duncan Porter, Eleonore Stump and Dennis Welch) not only demon­ strated efficiency and insured a pleasant stay for' all participants, but also went out of their way on numerous occasions to make everyone feel at home. (shrink)

In his new book, Confucian Perfectionism: A Political Philosophy for Modern Times, Joseph Chan observes that Confucianism from its inception has suffered from a gap between its lofty aspirations and its historical reality—that is, there has been a severe discrepancy between its strong and resilient regulative ideals and a persistent pattern of traditionally weak social and governmental institutions and their practices. To overcome this historical disparity, Chan argues that contemporary Confucians should draw upon Western liberal institutions to the extent that (...) they can provide effective measures of governance. At the same time, these modern democratic resources should be modified in such a way... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes and Discussions :REFLECTIONS ON THE HISTORY OF SCIENCE Every discipline worthy of a name deserves to be criticized periodically, asked to explain its objects and assess its march. The history of science is no exception. Indeed, criticism at this juncture should be all the more welcomed since the subjcct has now won its place in the curriculum of Anglo-Saxon educational institutions, particularly in the United States where Ph.D. (...) program offerings are multiplying almost faster than students. 1 The pioneering days of the 1930's and 1940's are past--if not totally forgotten--and men of the "second generation" like myself who received their training in the 1950's will gain much from having their methodological presuppositions questioned. Curiously enough, there has been little discussion of this kind in print for the last decade, with the exception of articles published in Poland and Russia, where the discipline is passing through its own pioneering crisis.2 In the West, the older debates stirred up largely by British Marxists are nowadays generally disregarded and have had surprisingly little productive effect upon the field. Within the last few years, the most effective methodological discussions have stemmed from Karl Popper and his generally brilliant lot of disciples. Dr. Joseph Ag~ssi, now Associate Professor of Philosophy at the University of Illinois and a member of this group, recently wrote a deliberately provocative essay entitled "Towards an historiography of science." a Agassi begins it with the arresting statement that the study of the history of science is "in a lamentable state" and ends with the implicit suggestion that an examination of the historiography of science is one of the most revealing ways to discover the discipline's failings. For Agassi, it is clear that the root of the historian's problems has been a false set of philosophical premises about the nature of science, and of its history as well. He finds that the discipline has suffered from two diseases named "inductive philosophy " and "conventionalist philosophy," for which there is a major new panacea, Popper's "critical philosophy of science." This refreshingly straightforward argument provides the essay with a ready-made structure, at the same time as it infuses it throughout with a polemical tone. Because of this tone and because of the importance of Agassi's message, he deserves to be answered. On one subject, I cannot agree more with Agassi--the need for a critical examination of the hisComell, Harvard, and the University of Wisconsin have a long-standing tradition of graduate study in the history of science. In the last few years, they have been joined by: the Case IImtitute of Technology; Indiana; Johns Hopkins; M.I.T.; Princeton ; the Universities of California (Berkeley and U.C.L.A.), Kansas, Oklahoma, Pennsylvania, and Washington; and Yale. Profeasor Duane Roller of Oklahoma has prepared a report on the present state of teaching of the history of science in the United States. 2Abstracts of the discussions can be found in the Bulletin signalgtique : Philosophie. Sciences humaines of the French Centre National de la Recherche Scientifique. See especially Kwartalnik Historii Nauki i Techniki u (1962), special issue; and Organon (1964), no. 1. 8History and Theory. Studies in the philosophy o] history, Beiheft 2 (The Hague: Mouton & Co., 1963),117pp. [235] 236 HISTORY OF PHILOSOPHY toriography of science. On the other hand, his interpretation of the way history of science has and is being written seems more like a misinformed caricature than a sincere effort to understand the past in all its complexity. But let us first examine his discussion of "inductivism," "conventionalism," and "Popperianism." Inductivists or Baconians---he uses the terms interchangeably--write history the way they insist science itself has developed. Just as they assume scientific theories to have emerged from the collection of evidence, they expect that the piling up of historical facts strung along a time-axis adds up to history. As Agassi sagely observes, historians of science, like other induetivists, delude themselves into the belief that such an approach guards them from subjectivity and prejudice. To be sure, philosophers since Kant have known that such naive empiricism is in fact fundamentally misleading, for even the most ardent Baconian has... (shrink)

Abstract.Legal philosophy must consider the way in which laws function as reasons for action. “Simple positivism” considers laws as merely reasons in the balance of reasons. Joseph Raz, as a representative of “sophisticated positivism,” argues that laws are exclusionary reasons for action, not merely reasons in the balance of reasons. This paper discusses Raz's arguments for his view. The Functional Argument provides no more reason for positivism than against it. The Phenomenological Argument is best supported by an account of how (...) character traits function in explaining behaviour. But then the distinction between exclusionary reasons and expressive reasons is obliterated. Legal positivism cannot absorb laws as expressive reasons for action. Raz's positivism implies the correctness of an anti‐positivistic legal theory. (shrink)

The paper describes at length and then discusses critically Frederick Schauer's analysis of rules in his recent book Playing By the RuZes. For most of the book Schauer discusses rules in general, and only at the end talks about legal rules in particular. The chief message of Schauer's analysis is that rules permit, and even constitute, a particular kind of decision‐making, one that quite deliberately insulates the decision‐taker from considerations of what would be in the circumstances the best justified decision (...) to take. Rules are thus for Schauer devices for the allocation of decision‐making power: The effect of A delegating to B the power to decide by a set of rules devised by A is that A retains much control over B 's decision‐making. Schauer canvasses the claims of what he calls “presumptive positivism” to be a theory of law which embodies such a view of legal rules. In his criticism, the author compares Schauer's view with Joseph Raz's notion of legal rules as exclusionary reasons. The author then compares “presumptive positivism” with some other recent versions of positivism and the idea of rules as devices for the allocation of power with theories of law in the Critical Legal Studies movement. (shrink)

ABSTRACT‘Not in Heaven’: Coherence and Complexity in Biblical Narrative. Edited by J. P. Rosenblatt and J. C. Sitterson Jr.Towards a Grammar of Biblical Poetics: Tales of the Prophets. By Herbert Chanan Brichto.The Historical Jesus: The Life of a Mediterranean Jewish Peasant. By John Dominic Crossan.Jesus and the Oral Gospel Tradition. Edited by Henry Wansbrough.The Rhetoric of Righteousness in Romans 3.21‐26. By Douglas A. Campbell.Paul and the Rhetoric of Reconciliation: An Exegetical Investigation of rhe Language and Composition of I Corinthians. By (...) Margaret M. Mitchell.Divine Disclosure: An Introduction to Jewish Apocalyptic. By D. S. Russell.Judaism. By Hans Küng.Jewish History and Thought: An Introduction. By Menahem Mansoor.Studies in the Jewish Background to Christianity. By Daniel R. Schwartz.Der verborgene und offenbare Gott: Hauptthemen der ffühen jüdischen Mystik. By Peter Schäfer.The Foundations of Mysticism: Origins to the Fifth Century. By Bernard McGinn.The Eucharistic Prayer of Addai and Mari. By A. Gelston.Thomas Becket in the Medieval Latin Preaching Tradition: An Inventory of Sermons about St Thomas Becket c.1170‐c.1400. By Phyllis B. Roberts.Einsiclit und Bekehrung: Ausgangspunkt der Fundamental theologie bei Bernard Lunergan. By Grzegorz Dobroczynski.The Liberation of Consciousness: Bemurd Lonergan's Theological Foundations in Dialogue with the Theological Aesthetics of Hans Urs von Balthasar. By Hilary A. Mooney.Systematic Theology, Volume I. By Wolfhart Pannenberg.Revelation: From Metaphor to Analogy. By Richard Swinburne.Sociology and Liturgy: Re‐presentations of the Holy. By Kieran Flanagan.Communication Theory for Christian Witness. By Charles H. Kraft.Contemporary Literary Theory: A Christian Appraisal. Edited by Clarence Walhout and Leland Ryken.Eucharistic Poetry: The Search for Presence in the Writings of John Donne, Gerard Manley Hopkins, Dylan Thomas and Geoffrey Hill. By Eleanor J. McNees.La Vie religieuse: Un chemin d'humanitk. By Paul Lebeau.Venantius Fortunatus: A Latin Poet in Merovingian Gaul. By Judith George.The Rise of Magic in Early Medieval Europe. By Valerie I. J. Flint.The Later Crusades: From Lyons to Alcazar, 1274‐1580. By Norman Housley.Beneath the Cross: Catholics and Huguenots in Sixteenth‐Century Paris. By Barbara B. Diefendorf.Gentlemen and Jesuits: Quests for Glory and Adventure in the Early Days of New France. By Elizabeth Jones.Education in New France. By Roger Magnuson.Early American Methodism. By Russell E. Richey.Cheap Bibles: Nineteenth‐Century Publishing and the British and Foreign Bible Society. By Leslie Howsam.Hopkins: A Literary Biography. By Norman White.The Old Palace: A History of the Oxford University Catholic Chaplaincy. By Walter Drumm.Peace Movements: International Protest and World Politics since 1945. By April Carter.The Christian Church in the Cold War. By Owen Chadwick.Spirit of Africa: The Healing Ministry of Archbishop Milingo of Zambia. By Gerrie Ter Haar.Aristotle's ‘Physics’: A Collection of Essays. Edited by Lindsay Judson.Oxford Studies in Ancient Philosophy: Supplementary Volume, 1991. Edited by Henry Blumenthal and Howard Robinson.Substance and Predication in Aristotle. By Frank A. Lewis.The Perfection of the Universe according to Aquinas: A Theological Cosmology. By Oliva Blanchette.The Thought of Thomas Aquinas. By Brian Davies.Kant's Philosophy of Religion Reconsidered. Edited by Philip J. Rossi and Michael Wreen.Marx's Theory of History: The Contemporary Debate. Edited by Paul Wetherly.The Cambridge Companion to Marx. Edited by R. Terrell Carver.Essentialism: A Wittgensteinian Critique. By Garth L. Hallett.The Realistic Spirit: Wittgenstein, Philosophy and the Mind. By Cora Diamond.From Existence to God: A Contemporary Philosophical Argument. By Barry Miller.Will and World: A Study in Metaphysics. By N. M. L. Nathan.Being A Philosopher: The History of a Practice. By David Hamlyn. (shrink)

Machine generated contents note: 1. -- War on war, by Lewis Thomas -- 2. -- Silent genocide, by Abdus Salam -- 3. -- Error: a stage of knowledge, by Paulo Freire -- 4. -- Doing without a revolution?, by Tahar Ben Jelloun -- 5. -- Stop torture, by Manfred Nowak -- 6. -- Truth, force and law, by Rabindranath Tagore -- 7. -- Violence is an insult to the human being, by Federico Mayor -- 8. -- Totalitarianism banishes politics, by (...) Vaclav Havel -- 9. -- No one will stop us. , by Desmond Tutu -- 10. -- Colonialism and the youth bomb, by Joseph Ki-Zerbo -- 11. -- The shedding of blood -- 12. -- Letter from Nagasaki, by Takashi Nagai -- 13. -- Down with exclusion!, by Herbert de Souza -- 14. -- The nower to sav 'no'. bv loan Martin-Brown -- 15. -- Inquiry into a taboo, by Ouassila Si Saber -- 16. -- The illusions of rationalism, by Ernesto Sabato -- 17. -- The 'poisonous weed', by Ba Jin -- 18. -- Humanity, an ongoing creation, by Ali Ahmad Said Esber (Adonis) -- 19. -- Image, writing and the vandal, by Alberto Moravia -- 20. -- The charms of calumny, by Andres Bello -- 21. -- On the threshold of eternity, by the Abbe Pierre -- 22. -- The control of force, by Karl Jaspers -- 23. -- The nature of force, by Simone Weil -- 24. -- The debt of justice, by Martin Luther King -- 25. -- Democracy and barbarism, by Sergei S. Averintsev -- 26. -- If all the animals should disappear, by Richard Fitter -- 27. -- Irony and compassion, by Octavio Paz -- 28. -- Against all hatred, by Aime Cesaire -- 29. -- Creating differences, by Daniel J. Boorstin -- 30. -- I dislike the word 'tolerance', by Mahatma Gandhi. (shrink)