We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

In _Bioethics in Context_, Gary Jones and Joseph DeMarco connect ethical theory, medicine, and the law, guiding readers toward a practical and legally grounded understanding of key issues in health-care ethics. This book is uniquely up-to-date in its discussion of health-care law and unpacks the complex web of American policies, including the Patient Protection and Affordable Care Act. Useful case studies and examples are embedded throughout, and a companion website offers a thorough, curated database of relevant legal precedents (...) as well as additional case studies and other resources. (shrink)

The proponents of the ‘vindication’ or ‘pragmatic justification’ of induction have attempted to show that induction will work if any method does. This in turn serves as grounds for their claim that we have everything to gain by using induction and nothing to lose. Hence, they conclude that it is rational to use induction. Their claim that induction will work if any mehtod does is based upon the following argument:If nature is uniform, induction will work. If nature is not uniform (...) and some other method works, the success of that method will then constitute a regularity to which induction can be successfully applied. In that case, induction will sanction the continued use of the successful method and hence will be successful as well. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Since there are so few controls over detecting and preventing faculty misconduct, one of the most common ways in which it is discovered is through student reports. Given the importance of student reports in bringing to light faculty’s ethical lapses, this paper seeks to understand what factors influence students’ likelihood to report faculty misconduct. We develop an empirical model that integrates the decision process of the Prosocial Organizational Behavior Model with insights from the emotional perspective on whistleblowing. Specifically, we use (...) an experimental survey to examine how students’ perceived unfairness of the faculty misconduct, feelings of anger, and the students’ self-interest in the situation in conjunction with situational “cues for inaction” lead to the intention to blow the whistle. Overall, the results from our structural model partially support our theoretical model. Interestingly, these findings demonstrate that, in the case of faculty member misconduct, anger and perceptions of unfairness play a greater role than the more rational cost-benefit process of the POB model. These results could aid in development of ethics education for students and could also inform the development of university policies that encourage students to come forward when faced with faculty misconduct. (shrink)

In this essay I criticize recent attempts to prove that the concept of lying does not include the intent to deceive. I argue that examples by Isenberg and Carson fail to prove that one can lie without intending to deceive and, furthermore, that untoward consequences would follow if these authors were correct. I conclude that since intending to deceive is indeed a necessary condition of lying, the class of statements that constitute lies is smaller than what Isenberg et al. would (...) suggest. Hence the class of deceptive advertisements is also correspondingly smaller. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

Increasing working memory (WM) capacity is often cited as a major influence on children's development and yet WM capacity is difficult to examine independently of long‐term knowledge. A computational model of children's nonword repetition (NWR) performance is presented that independently manipulates long‐term knowledge and WM capacity to determine the relative contributions of each in explaining the developmental data. The simulations show that (a) both mechanisms independently cause the same overall developmental changes in NWR performance, (b) increase in long‐term knowledge provides (...) the better fit to the child data, and (c) varying both long‐term knowledge and WM capacity adds no significant gains over varying long‐term knowledge alone. Given that increases in long‐term knowledge must occur during development, the results indicate that increases in WM capacity may not be required to explain developmental differences. An increase in WM capacity should only be cited as a mechanism of developmental change when there are clear empirical reasons for doing so. (shrink)

Bioethics: Legal and Clinical Case Studies is a case-based introduction to ethical issues in health care. Through seventy-eight compelling scenarios, the authors demonstrate the practical importance of ethics, showing how the concerns at issue bear on the lives of patients, health care providers, and others. A range of central topics are covered, including informed consent, medical futility, reproductive ethics, privacy, cultural competence, and clinical trials. Each chapter includes a selection of important legal cases as well as clinical case studies for (...) critical analysis. The case studies are often presented as moral dilemmas, and are conducive to rich discussion. A companion website offers a curated collection of relevant legal precedents as well as additional case studies and other resources. (shrink)

SummaryIn this essay I critically discuss the views of Thomas Kuhn and Paul Feyerabend on the succession of scientific theories. I argue that, if Karl Popper's desiderata for theory succession are properly explicated, they constitute a basis for refuting the “incommensurability“ thesis of Kuhn and Feyerabend. Popper's claim that a new theory must constitute an “improvement” over the old implies that the new theory must be able to be interpreted as referring to most of the phenomena as its predecessor.RésuméDans cet (...) essai, je discute les vues de Thomas Kuhn et de Paul Feyerabend sur la succession des théories scientifiques. Je montre que si les desiderata de Karl Popper pour la succession des théories sont correctement explicités, ils constituent une base pour réfuter la thèse ?incommen‐surabilité de Kuhn et de Feyerabend. Ľexigence de Popper selon laquelle une nouvelle théorie doit améliorer la précédente implique que la nouvelle théorie doit pouvoir être interprétée comme se référant à une plus grande part des phénoménes que ses prédécesseurs.ZusammenfassungIn der vorliegenden Arbeit werden Thomas Kuhns und Paul Feyerabends Auffassungen über die Frage, wie wissenschaftliche Theorien sich ablösen und folgen, erörtert. Ich zeige, dass Karl Poppers Forderungen für einen rationalen Theorienwechsel, wenn einmal richtig erläutert, eine Grundlage fiir die Widerlegung der Inkommensurabilitätsthese von Kuhn und Feyerabend lie‐fern. Proppers Forderung, dass eine neue Theorie gegenüber der alten eine Verbesserung darstellen müsse, impliziert, dass die neue Theorie so interpretiert werden kann, dass sie sich auf die meisten Phänomene bezieht, von denen auch in der Vorgängerin die Rede war. (shrink)

In this essay, I examine the relationship between lawsuits for medical malpractice and the legal standard of care. I suggest that there is an insidious, dynamic relationship between physicians' reactions to the recent increase in malpractice litigation and an artificial elevation of the legal standard of care. Since, that is, the legal standard for proper medical care is based upon the community standard of care rather than the reasonable person standard, to the extent that overtreatment or “defensive” medicine becomes widespread (...) as a reaction to malpractice litigation, the legal standard becomes elevated as well. Thus, it will increasingly be the case that unless a physician practices defensive medicine, and hence practices unreasonably, she risks being found liable for medical malpractice. (shrink)

In this essay it will be argued that if preferential treatment for individuals who have suffered from past discrimination is permissible in any context, it should be extended to the allocation of scarce medical resources. This contention will be based on two facts: one, that health care, in particular certain life-saving operations, constitutes a scarce social good similar to but more important than other social goods such as desirable jobs and positions in desirable professional schools; secondly, that a claim can (...) plausibly be made that the greater incidence of death due to heart disease among blacks is a result of the effect of past discrimination. In addition, an argument to the effect that preferential treatment is indeed permissible will be sketched that is based upon a critique of the decision in the Bakke case. (shrink)

The proponents of the ‘vindication’ or ‘pragmatic justification’ of induction have attempted to show that induction will work if any method does. This in turn serves as grounds for their claim that we have everything to gain by using induction and nothing to lose. Hence, they conclude that it is rational to use induction. Their claim that induction will work if any mehtod does is based upon the following argument:If nature is uniform, induction will work. If nature is not uniform (...) and some other method works, the success of that method will then constitute a regularity to which induction can be successfully applied. In that case, induction will sanction the continued use of the successful method and hence will be successful as well. (shrink)

Nanomedicine is yielding new and improved treatments and diagnostics for a range of diseases and disorders. Nanomedicine applications incorporate materials and components with nanoscale dimensions where novel physiochemical properties emerge as a result of size-dependent phenomena and high surface-to-mass ratio. Nanotherapeutics and in vivo nanodiagnostics are a subset of nanomedicine products that enter the human body. These include drugs, biological products, implantable medical devices, and combination products that are designed to function in the body in ways unachievable at larger scales. (...) Nanotherapeutics andin vivonanodiagnostics incorporate materials that are engineered at the nanoscale to express novel properties that are medicinally useful. These nanomedicine applications can also contain nanomaterials that are biologically active, producing interactions that depend on biological triggers. Examples include nanoscale formulations of insoluble drugs to improve bioavailability and pharmacokinetics, drugs encapsulated in hollow nanoparticles with the ability to target and cross cellular and tissue membranes and to release their payload at a specific time or location, imaging agents that demonstrate novel optical properties to aid in locating micrometastases, and antimicrobial and drug-eluting components or coatings of implantable medical devices such as stents. (shrink)

Pioneering work in the 1940s and 1950s suggested that the concept of chunking might be important in many processes of perception, learning and cognition in humans and animals. We summarize here the major sources of evidence for chunking mechanisms, and consider how such mechanisms have been implemented in computational models of the learning process. We distinguish two forms of chunking: the first deliberate, under strategic control, and goal-oriented; the second automatic, continuous, and linked to perceptual processes. Recent work with discrimination-network (...) computational models of long- and short-term memory (EPAM/CHREST) has produced a diverse range of applications of perceptual chunking. We focus on recent successes in verbal learning, expert memory, language acquisition and learning multiple representations, to illustrate the implementation and use of chunking mechanisms within contemporary models of human learning. (shrink)

E. E. Constance Jones, a regular contributor to Mind and the Proceedings of the Aristotelian Society, and the author of several textbooks and a monograph, worked in both philosophical l...

In lieu of an abstract, here is a brief excerpt of the content:"MURTHER, BY A SPECIOUS NAME": ABSALOMAND ACHITOPHEVS POETICS OF SACRIFICIAL SURROGACY Gary Ernst Roger's State University d;,uring the late 1670's and early '80s, English political satirists 'participated in the endeavors of the rival factions, Dissenter or Whig and Royalist or Tory, to effect judicial violence. While juries condemned and the hangman executed Catholics as traitors during the Popish Plot persecution, John Oldham suggests in the "Prologue' to his (...) Satires upon the Jesuits that he writes to stoke the mass hatred fueling the slayings (2: 19-22). Such animosity powered this initial Dissenter effort to exclude Charles II's Catholic brother, James Stuart, Duke ofYork, from the throne, and left more than two hundred dead.' And Dryden's vituperative response to the striking of a medal to celebrate the grand jury's dismissal of high treason charges against Anthony Ashley Cooper, Earl of Shaftesbury, The Medall (pointedly subtitledA Satire againstSedition) seems to have a clear purpose of inciting Royalists to redouble their efforts to dispatch the opposition leadertothe gallows.2 Judicial slayings ofthis kind are perhaps not surprising in these years ofcrisis and fear. Dissenters like Oldham believed that English Catholics plotted to assassinate Charles, put James on the throne, martyr Protestants with the help of foreign Catholic armies, and destroy both the Protestantfaith and English culture itself; Royalists, on the other hand, saw as ever-looming Dissenter insurrection and another catastrophic civil war to take away their property, power, and perhaps the ' For studies ofthe Plot in this political context, see Miller 169-82; Jones 197-217; Greaves 5-32, and Kenyon's complete volume. 2 Harth studies The Medall as an example of Tory propaganda against the Whigs and supportive of Royal efforts to deliver the earl to the gallows (161-9). 62Gary Ernst life ofthe king.3 Duringthe bloodshed ushering in the two party system, the fatal goals ofsatirists seem quite realistic—and indeed may have been so. Thejudicial persecution ofCatholics consumed victims until the fervorthat Oldham labors to feed burnt out; and, in November 1682, eight months after The Medall found its first audience, Shaftesbury, accused by the crown of new treasons, went into hiding soon to flee England in mortal terror of successful Royalist prosecution. The greatest political satire of this turbulent period, Absalom and Achitophel, responds directly to the recent efforts of Charles's beloved, eldest natural son, the Protestant James Scott, Duke of Monmouth—now "Fir'd with near possession of a Crown " (684)—to displace York in the line of succession. The satire revolves around a depiction ofMonmouth's "War in Masquerade," his recenttour through the west ofEngland to gauge and gain support (682-725). Despite the factthatthe satire clearly posits the threat of national catastrophe, it hardly seems at first as intent upon the death ofthis target as either The Medall or Oldham's Satires seem oftheirs. But, to be sure, it is, although Dryden—committed firstly to York and secondly to king4—carefully conceals both his methods and his intentions against Charles's son. For the purpose ofleading his audience to imitate his attack and carry it from the printed page into the world of action and the courts, he conceives apoetics ofsacrifice that screens his hostilities toward Monmouth from the eyes ofthe very persons he undertakes to mobilized. By appropriating for his satire the cultural phenomenon defined by René Girard as the "scapegoat" or "sacrificial mechanism,"5 Dryden arouses and 3 According to Kenyon, in late 1678, the Commons' inflammatory speeches and addresses to the king gave the impression in the House of Lords that the members of the Commons "seemed intent on fighting the Civil Wars all over again" (129) 4 For a fuller discussion ofDryden's commitmentto York, see McFadden 91, 111 -202; Winn 243-75, and Erskine-Hill 22-5. Daly argues that Mac Flecknoe, written some three years before the beginning ofthe Exclusion Crisis of 1679-81, is an oblique but sustained attack upon Monmouth, a result ofthe laureate's concerns about the king's bestowals ofpower upon Monmouth and the possibility ofthe bastard's eventual succession (655-76). For another discussion that focuses upon Dryden's targeting ofMonmouth m Absalom and Achitophel... (shrink)