This paper analyzes court rulings on tissue samples as property and critiques objections that have been raised to the recognition of DNA samples as personal property. The cases are: Moore v. Regents of the University of California (1988, 1990), Greenberg v. Miami Children’s Research Institute (2003), and Washington University v.Catalona (2007). The paper argues that it is possible for the law to support both individual privacy and property rights in DNA, recognizing nevertheless that some unresolved questions remain, including what exercising (...) those rights means on a practical level. Finally, it offers suggestions for changes in law based on those considerations. (shrink)

Only 27 percent of Americans in a 1995 Harris poll said they had read or heard “quite a lot” about genetic tests. Nonetheless, 68 percent said they would be either “very likely” or “somewhat likely” to undergo genetic testing even for diseases “for which there is presently no cure or treatment.” Perhaps most astonishing, 56 percent found it either “very” or “somewhat acceptable” to develop a government computerized DNA bank with samples taken from all newborns, and their names attached to (...) the samples. This does not necessarily mean the public is unconcerned about genetic privacy. More likely it means that the public is still uninformed about the risks associated with genetic testing, and has not thought at all about the risks involved in storing identifiable DNA samples.A central question presented by genetic screening and testing is whether the genetic information so obtained is different in kind from other medical information, and, if so, whether this means that it should receive special legal protection. (shrink)

Only 27 percent of Americans in a 1995 Harris poll said they had read or heard “quite a lot” about genetic tests. Nonetheless, 68 percent said they would be either “very likely” or “somewhat likely” to undergo genetic testing even for diseases “for which there is presently no cure or treatment.” Perhaps most astonishing, 56 percent found it either “very” or “somewhat acceptable” to develop a government computerized DNA bank with samples taken from all newborns, and their names attached to (...) the samples. This does not necessarily mean the public is unconcerned about genetic privacy. More likely it means that the public is still uninformed about the risks associated with genetic testing, and has not thought at all about the risks involved in storing identifiable DNA samples.A central question presented by genetic screening and testing is whether the genetic information so obtained is different in kind from other medical information, and, if so, whether this means that it should receive special legal protection. (shrink)

Is evidential support transitive? The answer is negative when evidential support is understood as confirmation so that X evidentially supports Y if and only if p(Y | X) > p(Y). I call evidential support so understood “support” (for short) and set out three alternative ways of understanding evidential support: support-t (support plus a sufficiently high probability), support-t* (support plus a substantial degree of support), and support-tt* (support plus both a sufficiently high probability and a substantial degree of support). I also (...) set out two screening-off conditions (under which support is transitive): SOC1 and SOC2. It has already been shown that support-t is non-transitive in the general case (where it is not required that SOC1 holds and it is not required that SOC2 holds), in the special case where SOC1 holds, and in the special case where SOC2 holds. I introduce two rather weak adequacy conditions on support measures and argue that on any support measure meeting those conditions it follows that neither support-t* nor support-tt* is transitive in the general case, in the special case where SOC1 holds, or in the special case where SOC2 holds. I then relate some of the results to Douven’s evidential support theory of conditionals along with a few rival theories. (shrink)

Abstract:During recent years, the principle and practice of employment-at-will have been under attack. While progress has been made in eroding the practice, the principle still governs the philosophical assumptions underlying employment practices in the United States, and, indeed, EAW has been promulgated as one of the ways to address economic ills in other countries. This paper will briefly review the major critiques of EAW. Given the failure of these arguments to erode the underpinnings of EAW, we shall suggest new avenues (...) for approaching employment issues to achieve the desirable goal of employee dignity and respect. (shrink)

This article presents a response to Richard Rorty's paper "Is Philosophy Relevant to Business Ethics?" The author questions Rorty's views on the depreciation of the role of philosophy in applied ethics, and outlines four reasons why philosophy retains its relevance. The author addresses the role of moral reasoning in the development of the moral imagination. The author also concludes that humans have the means necessary to make moral progress and are capable of moral reasoning, and need only to develop a (...) strong moral imagination. (shrink)

I argue elsewhere (Roche 2014) that evidence of evidence is evidence under screening-off. Tal and Comesaña (2017) argue that my appeal to screening-off is subject to two objections. They then propose an evidence of evidence thesis involving the notion of a defeater. There is much to learn from their very careful discussion. I argue, though, that their objections fail and that their evidence of evidence thesis is open to counterexample.

We argued that explanatoriness is evidentially irrelevant in the following sense: Let H be a hypothesis, O an observation, and E the proposition that H would explain O if H and O were true. Then our claim is that Pr = Pr. We defended this screening-off thesis by discussing an example concerning smoking and cancer. Climenhaga argues that SOT is mistaken because it delivers the wrong verdict about a slightly different smoking-and-cancer case. He also considers a variant of SOT, called (...) “SOT*”, and contends that it too gives the wrong result. We here reply to Climenhaga’s arguments and suggest that SOT provides a criticism of the widely held theory of inference called “inference to the best explanation”. (shrink)

This book, first published in 1974, studies the similarities between Rousseau's thought and that of the Stoics, examining Rousseau's ideas on man, society, the state and government. It makes close reference to Rousseau's writings, and to the works of Seneca and other Stoics, presenting an opportunity to really come to grips with a complex and often contradictory mind.

According to Michael Friedman’s theory of explanation, a law X explains laws Y1, Y2, …, Yn precisely when X unifies the Y’s, where unification is understood in terms of reducing the number of independently acceptable laws. Philip Kitcher criticized Friedman’s theory but did not analyze the concept of independent acceptability. Here we show that Kitcher’s objection can be met by modifying an element in Friedman’s account. In addition, we argue that there are serious objections to the use that Friedman makes (...) of the concept of independent acceptability. (shrink)

Dretske’s theory of self-knowledge is interesting but peculiar and can seem implausible. He denies that we can know by introspection that we have thoughts, feelings, and experiences. But he allows that we can know by introspection what we think, feel, and experience. We consider two puzzles. The first puzzle, PUZZLE 1, is interpretive. Is there a way of understanding Dretske’s theory on which the knowledge affirmed by its positive side is different than the knowledge denied by its negative side? The (...) second puzzle, PUZZLE 2, is substantive. Each of the following theses has some prima facie plausibility: there is introspective knowledge of thoughts, knowledge requires evidence, and there are no experiences of thoughts. It is unclear, though, that these claims form a consistent set. These puzzles are not unrelated. Dretske’s theory of self-knowledge is a potential solution to PUZZLE 2 in that Dretske’s theory is meant to show how,, and can all be true. We provide a solution to PUZZLE 1 by appeal to Dretske’s early work in the philosophy of language on contrastive focus. We then distinguish between “Closure” and “Transmissibility”, and raise and answer a worry to the effect that Dretske’s theory of self-knowledge runs counter to Transmissibility. These results help to secure Dretske’s theory as a viable solution to PUZZLE 2. (shrink)

The man and his times -- Early epistemology -- The new scientific mind -- Fragmentation and the temptation of ontology -- Fire, water, and the material imagination -- Air, earth, and the dynamic imagination -- A phenomenology of the creative imagination.

The ways in which knowledge relates to power have been much discussed in radical education theory. New emphasis on the role of gender and the growing debate about subjectivity have deepened the discussion, while making it more complex. In Getting Smart , Patti Lather makes use of her unique integration of feminism and postmodernism into critical education theory to address some of the most vital questions facing education researchers and teachers.

This analysis tests the influence of personal, job, and family status characteristics on maternal employment. We use the Merged Child/mother File from the National Longitudinal Survey of Youth to examine employment patterns of mothers who gave birth between 1979 and 1986. Logistic regression is used to estimate the probabilities; proportional hazards techniques are used to estimate rates of leaving and return to employment after childbirth. We find that family status factors and the proportion of the family income the mother earns (...) are consistently important in predicting maternal employment. Human capital factors are more significant in predicting employment exits and the rate of exit than the rate of return or employment status one year after a birth. (shrink)

Introduction to the Institutional Logics Perspective -- Precursors to the Institutional Logics Perspective -- Defining the Inter-institutional System -- The Emergence, Stability and Change of the Inter-institutional System -- Micro-Foundations of Institutional Logics -- The Dynamics of Organizational Practices and Identities -- The Emergence and Evolution of Field-Level Logics -- Implications for Future Research.

In Frege's Conception of Logic Patricia A. Blanchette explores the relationship between Gottlob Frege's understanding of conceptual analysis and his understanding of logic.

It is shown that a locally finite polyadic algebra on an infinite set V of variables is a Boolean-algebra object, endowed with some internal supremum morphism, in the category of locally finite transformation sets on V. Then, this new categorical definition of polyadic algebras is used to simplify the theory of these algebras. Two examples are given: the construction of dilatations and the definition of terms and constants.

Some authors have studied in an ad hoc fashion the inclusive logics, that is the logics which admit or include objects or sets without element. These logics have been recently brought into the limelight because of the use of arbitrary topoi for interpreting languages. (In topoi there are usually many objects without element.)The aim of the paper is to present, for some inclusive logics, an axiomatization as natural and as simple as possible. Because of the intended applications to category theory, (...) the logics studied are many-sorted and intuitionistic. (shrink)

Les savants de langue syriaque - une branche de l'arameen - ont joue un role aujourd'hui reconnu dans la transmission du patrimoine philosophique et scientifique grec aux auteurs de langue arabe, et cela grace aux nombreuses traductions qu ...

I develop a probabilistic account of coherence, and argue that at least in certain respects it is preferable to (at least some of) the main extant probabilistic accounts of coherence: (i) Igor Douven and Wouter Meijs’s account, (ii) Branden Fitelson’s account, (iii) Erik Olsson’s account, and (iv) Tomoji Shogenji’s account. Further, I relate the account to an important, but little discussed, problem for standard varieties of coherentism, viz., the “Problem of Justified Inconsistent Beliefs.”.

This paper examines the relationship between organizational ethical culture in two large international CPA firms, auditors'' personal values and the ethical orientation that those values dictate, and judgments in ethical dilemmas typical of those that accountants face. Using an experimental task consisting of multiple judgments designed to vary in "moral intensity" (Jones, 1991), and unique as well as tried-and-true approaches to variable measurements, this study examined the judgments of more than three hundred participants in our study. ANCOVA and path analysis (...) results indicate that: (1) Ethical judgments in situations of high moral intensity are affected by personal values and by environmental variables, such as the professional code of conduct (direct and indirect effects) and previous ethics instruction (direct effect only). (2) Corporate ethical culture, and a relatively strong firm rules-orientation, affect auditors'' idealism but not relativism, and therefore indirectly affect ethical judgments. Jones'' (1991) moral intensity argument is supported: differences in the characteristics of specific judgment tasks apparently result in different decision processes. (shrink)

Habit and Embodiment in Merleau-PontyIntroductionMerleau-Ponty (French phenomenological philosopher, born in 1908 and deceased in 1961) refers to habit in various passages of his Phenomenology of Perception as a relevant issue in his philosophical and phenomenological position. Through his exploration of this issue he explains both the pre-reflexive character that our original linkage with the world has, as well as the kind of “understanding” that our body develops with regard to the world. These two characteristics of human existence bear a close (...) relation with the vision of an embodied mind sustained by Gallagher and Zahavi in their work The Phenomenological Mind: An Introduction to Philosophy of Mind and Cognitive Science. Merleau-Ponty uses concepts like those of the lived or own body and of lived space in order to emphasize, from a first-person perspective, the co-penetration that exists between subject and world.Gallagher and Zahavi have regained the experience of phenomenology, especially that of Merleau-Ponty and Sartre, to contribute to the development of the cognitive sciences. Via the phenomenological approach to the reality of habit, a new understanding of the body becomes possible for us, such that it becomes characterized “as subject, as experiencer, as agent”, and at the same time we can understand “the way the body structures our experience” (Gallagher and Zahavi, 2008). Additionally, the idea of a pre-reflexive understanding is conceived of by these authors... (shrink)

In Emotions and Reasons, Patricia Greenspan offers an evaluative theory of emotion that assigns emotion a role of its own in the justification of action. She analyzes emotions as states of object-directed affect with evaluative propositional content possibly falling short of belief and held in mind by generalized comfort or discomfort.

The aim of the present study was to further examine the impact over time of single‐sex and coeducational school environments on girls’ motivation in language arts and mathematics. Two cohorts comprising 340 girls from eight coeducational and two single‐sex schools were followed during a period of three academic years in a longitudinal research scheme. Data were collected with a self‐reported questionnaire including several scales: parental and teachers’ support, competence beliefs, utility‐value and achievement goals. In general, mixed‐design repeated measures analyses of (...) variance indicated no effect of the environment or of the interaction between environment and time of measurement. Significant time effects on several variables indicated a general decline of achievement motivation over time. Consequently, the multiplication of non‐mixed high schools, as proposed by some, would constitute an expensive and inefficient social policy, as far as girls’ motivation is concerned. (shrink)

Bayesian confirmation theory is rife with confirmation measures. Zalabardo focuses on the probability difference measure, the probability ratio measure, the likelihood difference measure, and the likelihood ratio measure. He argues that the likelihood ratio measure is adequate, but each of the other three measures is not. He argues for this by setting out three adequacy conditions on confirmation measures and arguing in effect that all of them are met by the likelihood ratio measure but not by any of the other (...) three measures. Glass and McCartney, hereafter “G&M,” accept the conclusion of Zalabardo’s argument along with each of the premises in it. They nonetheless try to improve on Zalabardo’s argument by replacing his third adequacy condition with a weaker condition. They do this because of a worry to the effect that Zalabardo’s third adequacy condition runs counter to the idea behind his first adequacy condition. G&M have in mind confirmation in the sense of increase in probability: the degree to which E confirms H is a matter of the degree to which E increases H’s probability. I call this sense of confirmation “IP.” I set out four ways of precisifying IP. I call them “IP1,” “IP2,” “IP3,” and “IP4.” Each of them is based on the assumption that the degree to which E increases H’s probability is a matter of the distance between p and a certain other probability involving H. I then evaluate G&M’s argument in light of them. (shrink)

Husserl’s writings on sociality have received increasing attention in recent years. Despite this growing interest, Husserl’s reflections on the specific role of communication remain underexplored. In this paper, we aim to fill this gap by reconstructing the various ways in which Husserl draws systematic connections between communication and communalization. As will become clear, Husserl’s analysis converges with much more recent ideas defended by Margaret Gilbert and Naomi Eilan.