Public health emergencies have occurred throughout history, encompassing such events as plagues and famines arising from natural causes, disease pandemics interrelated with wars, and industrial accidents such as the 1986 Chernobyl disaster, among others. Law and legal tools have played an important role in addressing such emergencies. Three prime U.S. examples are Congressional authorization of quarantine as early as 1796, legally mandated smallpox vaccination upheld in a landmark 1905 U.S. Supreme Court ruling, and the President's 2003 executive order adding SARS (...) to the federal government's list of “quarantinable communicable diseases.”The public health emergencies of the present — both actual and potential — pose equally serious threats but do so in the context of greatly magnified expectations that stem directly from the attacks of September 11, 2001, and the immediately following anthrax attacks. (shrink)

Public health emergencies have occurred throughout history, encompassing such events as plagues and famines arising from natural causes, disease pandemics interrelated with wars, and industrial accidents such as the 1986 Chernobyl disaster, among others. Law and legal tools have played an important role in addressing such emergencies. Three prime U.S. examples are Congressional authorization of quarantine as early as 1796, legally mandated smallpox vaccination upheld in a landmark 1905 U.S. Supreme Court ruling, and the President's 2003 executive order adding SARS (...) to the federal government's list of “quarantinable communicable diseases.”The public health emergencies of the present — both actual and potential — pose equally serious threats but do so in the context of greatly magnified expectations that stem directly from the attacks of September 11, 2001, and the immediately following anthrax attacks. (shrink)

Medical practice should evolve alongside medical ethics. As our understanding of the ethical implications of physician-patient interactions becomes more nuanced, physicians should integrate those lessons into practice. As early as the 1930s, epidemiological studies began to identify that the rates of medical procedures varied significantly along geographic and socioeconomic lines. Dr. J. Alison Glover recognized that tonsillectomy rates in school children in certain school districts in England and Wales were in some cases eight times the rates of children in other (...) districts, with the only significant predictive factors being the current chief medical officer in the area and the socioeconomic well-being of the child's parents. Unfortunately, Dr. Glover's work revealed that the increase in tonsillectomies did not improve the health of adolescent patients and appeared to be performed “as a routine prophylactic ritual for no particular reason and with no particular result.”. (shrink)

Clinical evidence suggests that many patients undergo surgery that they would decline if fully informed. Failure to communicate the relevant risks, benefits, and alternatives of a procedure violates medical ethics and wastes medical resources. Integrating shared decision-making, a method of communication between provider and patient, into medical decisions can satisfy physicians' ethical obligations and reduce unwanted procedures. This article proposes a three-step process for implementing a nationwide practice of shared decision-making: create model integration programs; provide legal incentives to ease the (...) transition; and incorporate shared decision-making into medical necessity determinations. (shrink)

The objective of this study is to evaluate if use of a patient decision aid, when choosing between a repeat cesarean or a trial of labor after a cesarean, reduces medical liability exposure. The authors conclude that use of a PDA conferred liability protection when potential jurors were presented with a hypothetical malpractice claim against an obstetrician following a TOLAC.

We conducted focus groups with 47 potential jurors who were presented with diferent scenarios in a hypothetical malpractice case involving failure to order a PSA test. Better documentation that a patient made an informed decision to decline a PSA test appeared to provide more medical-legal protection for physicians, especially with the use of a decision aid.

Screening for prostate cancer with the prostate-specific antigen blood test is controversial, as evidence to date has not demonstrated such screening does more good than harm. While the potential benefit of PSA screening on reducing prostate cancer mortality has not been documented in randomized trials, many risks of PSA screening have been well documented. These risks include a substantially higher risk of a prostate cancer diagnosis over a screenee’s lifetime, false-positive and false-negative test results, possible complications from biopsies done in (...) response to suspicious test results, and substantial risks of side effects from subsequent prostate cancer treatments. Nevertheless, PSA screening is widespread in the United States, and many physicians in a national survey reported supporting routine PSA screening as well as getting PSA tests themselves, despite the lack of evidence. (shrink)

Current methods of obtaining an informed consent leave much to be desired. Patients rarely read consent forms or understand all of the risks, benefits, or alternatives associated with their treatment. Evaluating the advantages and disadvantages of treatment options often presents a more significant challenge for patients with lower levels of health literacy. This article reviews the evidence of shortcomings in our informed consent system and then explores the potential for a new approach to engage patients at all levels of health (...) literacy in their treatment decisions. Specifically, the article will examine the potential of shared decision-making to bridge gaps in knowledge, increase patient adherence to treatment, and improve health outcomes in low health literacy patient populations. Leveling barriers to treatment information for disadvantaged populations should be a public health imperative, especially if it can be shown to improve health outcomes and reduce health disparities. (shrink)

Current methods of obtaining an informed consent leave much to be desired. Patients rarely read consent forms or understand all of the risks, benefits, or alternatives associated with their treatment. Evaluating the advantages and disadvantages of treatment options often presents a more significant challenge for patients with lower levels of health literacy. This article reviews the evidence of shortcomings in our informed consent system and then explores the potential for a new approach to engage patients at all levels of health (...) literacy in their treatment decisions. Specifically, the article will examine the potential of shared decision-making to bridge gaps in knowledge, increase patient adherence to treatment, and improve health outcomes in low health literacy patient populations. Leveling barriers to treatment information for disadvantaged populations should be a public health imperative, especially if it can be shown to improve health outcomes and reduce health disparities. (shrink)

The Proceedings of the National Summit on Legal Preparedness for Obesity Prevention and Control is based on a two-part conceptual framework composed of public health and legal perspectives. The public health perspective comprises the six target areas and intervention settings that are the focus of the obesity prevention and control efforts of the Centers for Disease Control and Prevention.This paper presents the legal perspective. Legal preparedness in public health is the underpinning of the framework for the four “assessment” papers and (...) the four “action” papers that are integral to the application of public health law to any particular health issue. In addition, this paper gives real-world grounding to the legal framework through examples that illustrate the four core elements of legal preparedness in public health that are at work in obesity prevention and control. (shrink)

The Proceedings of the National Summit on Legal Preparedness for Obesity Prevention and Control is based on a two-part conceptual framework composed of public health and legal perspectives. The public health perspective comprises the six target areas and intervention settings that are the focus of the obesity prevention and control efforts of the Centers for Disease Control and Prevention.This paper presents the legal perspective. Legal preparedness in public health is the underpinning of the framework for the four “assessment” papers and (...) the four “action” papers that are integral to the application of public health law to any particular health issue. In addition, this paper gives real-world grounding to the legal framework through examples that illustrate the four core elements of legal preparedness in public health that are at work in obesity prevention and control. (shrink)

We are immersed within an odorous sea of chemical currents that we parse into individual odors with complex structures. Odors have been posited as determined by the structural relation between the molecules that compose the chemical compounds and their interactions with the receptor site. But, naturally occurring smells are parsed from gaseous odor plumes. To give a comprehensive account of the nature of odors the chemosciences must account for these large distributed entities as well. We offer a focused review of (...) what is known about the perception of odor plumes for olfactory navigation and tracking, which we then connect to what is known about the role odorants play as properties of the plume in determining odor identity with respect to odor quality. We end by motivating our central claim that more research needs to be conducted on the role that odorants play within the odor plume in determining odor identity. (shrink)

The right temporo-parietal junction (rTPJ) has been associated with two apparently disparate functional roles: in attention and in social cognition. According to one account, the rTPJ initiates a “circuit-breaking” signal that interrupts ongoing attentional processes, effectively reorienting attention. It is argued this primary function of the rTPJ has been extended beyond attention, through a process of evolutionarily cooption, to play a role in social cognition. We propose an alternative account, according to which the capacity for social cognition depends on a (...) network which is both distinct from and in tension with brain areas involved in focused attention and target detection: the default mode network. Theory characterizing the rTPJ based on the area’s purported role in reorienting may be falsely guided by the co-occurrence of two distinct effects in contiguous regions: activation of the supramarginal gyrus (SMG), associated with its functional role in target detection; and the transient release, during spatial reorienting, of suppression of the angular gyrus (AG) associated with focused attention. Findings based on meta-analysis and resting functional connectivity are presented which support this alternative account. We find distinct regions, possessing anti-correlated patterns of resting connectivity, associated with social reasoning (AG) and target detection (SMG) at the rTPJ. The locus for reorienting was spatially intermediate between the AG and SMG and showed a pattern of connectivity with similarities to social reasoning and target detection seeds. These findings highlight a general methodological concern for brain imaging. Given evidence that certain tasks not only activate some areas but also suppress activity in other areas, it is suggested that researchers need to distinguish two distinct putative mechanisms, either of which may produce an increase in activity in a brain area: functional engagement in the task versus release of suppression. (shrink)

Evidential Decision Theory and Causal Decision Theory are the leading contenders as theories of rational action, but both face counterexamples. We present some new counterexamples, including one in which the optimal action is causally dominated. We also present a novel decision theory, Functional Decision Theory, which simultaneously solves both sets of counterexamples. Instead of considering which physical action of theirs would give rise to the best outcomes, FDT agents consider which output of their decision function would give rise to the (...) best outcome. This theory relies on a notion of subjunctive dependence, where multiple implementations of the same mathematical function are considered to have identical results for logical rather than causal reasons. Taking these subjunctive dependencies into account allows FDT agents to outperform CDT and EDT agents in, for example, the presence of accurate predictors. (shrink)

This article argues that teachers of environmental ethics must more aggressively entertain questions of private property in their work and in their teaching. To make this case, it first introduces the three primary positions on property: occupation arguments, labor theory of value arguments, and efficiency arguments. It then contextualizes these arguments in light of the contemporary U.S. wise-use movement, in an attempt to make sense of the concerns that motivate wise-use activists, and also to demonstrate how intrinsic value arguments miss (...) the mark. Finally, it offers some suggestions about further directions for environmental ethics, reasoning that there is a good deal of headway to be gained for environmental ethics by accepting that nature can be owned as property, but nevertheless engaging the idea of private property critically. (shrink)

Dans ce long inédit, Benjamin Fondane révèle les implications philosophiques révolutionnaires qui découlent des travaux de Lévy-Bruhl (1857-1939) sur la mentalité primitive. En mettant à jour les mécanismes d'une logique différente, Lévy-Bruhl fait voler en éclat l'universalité de la logique d'Aristote sur laquelle repose notre pensée occidentale. Dès lors cette logique n'est rien d'autre qu'une arme politique qui fonde l'hégémonie de la rationalité.0La démonstration de Fondane est implacable et bouleverse notre conception de la philosophie. Il nous incite à reconsidérer (...) nos manières de penser et de vivre sous la contrainte de la raison, faisant écho à une tradition non aristotélicienne qu'incarnent des penseurs comme Michelstaedter, Lukasiewicz ou Alfred Korzybski. (shrink)

Introduction. Rest and motion. Stability and progress.--The meaning of justice. The science of values.--The equilibration of interests. Cause and effect. The individual and society. Liberty and government.--Liberty and government. Conclusion.

Sells encourages a radical departure from the usual introspection and self-centeredness of psychology in our time. By placing style first, Sells argues that we must turn our eyes and minds outward to the greater world. Emphasizing beauty over emotion and appreciation over feeling, he attempts to break the stranglehold of the self so as to reconstitute our proper place among the many things of the world.

La Conscience malheureuse est un ouvrage majeur de la philosophie existentielle des années trente. Jeune poète et critique roumain expatrié en France en 1923, Benjamin Fondane (1898-1944) fait partie de ces auteurs hantés par l'absence de Dieu dans la culture rationaliste moderne marquée par le positivisme. D'abord proche de l'esprit subversif du dadaïsme, il identifie rapidement sa révolte par l'absurde à la démarche ironique et irrationaliste du philosophe russe émigré en France Léon Chestov. C'est l'adhésion sans conditions à sa (...) philosophie existentielle à partir de 1929 qui lui permet de déconstruire la tradition du logos issue d'Athènes. Il ne cessera dès lors de dénoncer un conflit profond entre le " réel " construit par la culture rationaliste et l'existant singulier, entre le savoir et le " non-voir " des poètes et de certains mystiques, entre Athènes et Jérusalem: ce divorce intime, c'est celui de la " conscience malheureuse ". (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

The book contends that contrary to accepted interpretation, moral intuition, rather than any other form of reasoning, least of all formal logic, is the moral method found in the ethics of Aristotle, Aquinas, Kant and Dewey - the first four chapters of the book. These four thinkers represent a dialectical selection of ethical relativism and absolutism as well as a chronological succession from ancient to contemporary thought. The fifth and concluding chapter is a major presentation of the author's thesis on (...) moral intuition as the exact antidote against the dilemma ethics approach, which is widely used today with rapidly diminishing effect and interest. This chapter is a detailed illustration of how moral intuition works out concretely in the lived world. It stresses the unity of moral experience even as this is clouded over by our relatively fewer, but overdramatized, confrontations on some moral issues. (shrink)

We perceive smells as perduring complex entities within a distal array that might be conceived of as smellscapes. However, the philosophical orthodoxy of Odor Theories has been to deny that smells are perceived as having a distal location. Recent challenges have been mounted to Odor Theories’ veracity in handling the timescale of olfactory perception, how it individuates odors as a distal entities, and their claim that olfactory perception is not spatial. The paper does not aim to dispute these criticisms. Rather, (...) what will be shown is that Molecular Structure Theory, a refinement of Odor Theory, can be further developed to handle these challenges. The theory is further refined by focusing on distal perception that requires considering the perceptual object as mereologically complex persisting odor against a background scene conceived of as a smellscape. What will be offered is an expansion of Molecular Structure Theory to account for distal smell perception within natural environments. (shrink)

Many of the moral and political disputes that loom large today involve claims (1) in the register of respect and offense that are (2) linked to membership in a subordinated social group and (3) occasioned by symbolic or expressive items or acts. This essay seeks to clarify the nature, stakes, and characteristic challenges of these recurring, but often disorienting, conflicts. Drawing on a body of philosophical work elaborating the moral function of etiquette, I first argue that the claims at issue (...) implicate a communicative apparatus of the same basic kind—a system that I term the “etiquette of equality.” That regime, I suggest, can serve a kindred function of facilitating the expression of morally appropriate attitudes. I also argue, however, that the etiquette of equality exhibits three problematic features that counsel ambivalence about its mounting significance: (1) the costly overdetermination of relevant signals; (2) a recursive tendency toward inflation in respect’s demands; and (3) a related set of incentives for testing, and then affirming, a group’s status through the assertion and symbolic remediation of dignitary harm. The upshot is a better understanding of the trade-offs and predicaments we face in a vital area of public life. (shrink)

Given that as much as half of human thought arises in a stimulus independent fashion, it would seem unlikely that such thoughts would play no functional role in our lives. However, evidence linking the mind-wandering state to performance decrement has led to the notion that mind-wandering primarily represents a form of cognitive failure. Based on previous work showing a prospective bias to mind-wandering, the current study explores the hypothesis that one potential function of spontaneous thought is to plan and anticipate (...) personally relevant future goals, a process referred to as autobiographical planning. The results confirm that the content of mind-wandering is predominantly future-focused, demonstrate that individuals with high working memory capacity are more likely to engage in prospective mind-wandering, and show that prospective mind-wandering frequently involves autobiographical planning. Together this evidence suggests that mind-wandering can enable prospective cognitive operations that are likely to be useful to the individual as they navigate through their daily lives. (shrink)

This collection explores, in Adorno's description, `philosophy directed against philosophy'. The essays cover all aspects of Benjamin's writings, from his early work in the philosophy of art and language, through to the concept of history. The experience of time and the destruction of false continuity are identified as the key themes in Benjamin's understanding of history.

v. 1. Charmides. Lysis. Laches. Protagoras. Euthydemus. Cratylus. Phaedrus. Ion. Symposium.--v. 2. Meno. Euthyphro. Apology. Crito. Phaedo. Georgias. Appendix I: Lesser Hippias. Alcibiades I. Menexenus. Appenddix II: Alcibiades II. Eryxias.--v. 3. Republic. Timaeus. Critias.--v. 4. Pharmenides. Theaetetus. Sophist. Statesman. Philebus.--v. 5 Laws. Index to the writings of Plato.

An English language translation accompanies the original Greek text of Aristotle's book about the nature of the state, constitutions, revolutions, democracy, and oligarchy.

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

The creative process has the potential to increase wellbeing and foster human flourishing (Dolan and Metcalfe, 2012 ; Forgeard and Eichner, 2014 ; O’Brien and Murray, 2015 ; Conner et al., 2018 ; Kaufman, 2018 ), yet has received little attention in the humanistic management literature. In this paper, we present three experiments showing that idea originators experience greater relationship conflict with counterparts who have committed perceived “idea theft”, i.e., proposed identical or related ideas. We test a model that identifies (...) a mechanism—self-threat—that mediates the relationship between idea theft and relationship conflict and identifies an intervention to ameliorate that self-threat via self-affirmation. Study 1 demonstrates the idea originator’s attribution of malign attributions to, and negative moral emotions toward, the counterpart. Study 2 demonstrates that idea originators ostracize both those who propose identical ideas and those who propose merely related ideas. In Study 3, evidence for self-threat as the mechanism underlying the negative relational consequences is provided via both a direct test of mediation as well as via moderation by self-affirmation. Our research contributes to the nascent idea theft literature and suggests a way to reduce its negative consequences. (shrink)

In this paper, I first consider three possible explanations for why celebrities typically apologise publicly and sometimes also include their fans among the targets of their apology. I then identify three moral dangers of celebrity apologies, the third of which arises specifically for fan-targeted apologies, and each of which teaches us important lessons about the practice of celebrity apologies. From these individual lessons, I draw more general lessons about apologies from those with elevated social positions and the powers they are (...) associated with. (shrink)

Shadow of the Other is a discussion of how the individual has two sorts of relationships with an "other"--other individuals. The first regards the other as a s work apart is her brilliant utilization of a systematic dialectical approach to her subject, always maintaining the delicate balance between opposing tensions: masculinity and femininity, subjectivity and objectivity, passivity and activity, love and aggression, fantasy and reality, modernism and postmodernism, the intrapsychic and the intersubjective. Benjamin s work apart is her brilliant (...) utilization of a systematic dialectical approach to her subject, always maintaining the delicate balance between opposing other as a mental repository fo unwanted characteristics cast from the self. Jessica benjamin shows the implications of this dual relationship for male/female hierarchy and offers a possibility for balancing the two. This book continues the author's well-known explorations of the themes of intersubjectivity and gender, taking up issues at the forefront of contemporary debates in feminist theory and psychoanalysis. (shrink)