This new edition of Charles Fried's 'Medical Experimentation' includes a general introduction by Franklin Miller and the late Alan Wertheimer, a reprint of the 1974 text, an in-depth analysis by Harvard Law School scholars I. Glenn Cohen and D. James Greiner, and a new essay by Fried reflecting on the original text and how it applies to the contemporary landscape of medicine and medical experimentation.

Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong.

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic (...) moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. (shrink)

In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller state that by arguing “that autonomy matters centrally to contract,” Contract as Promise makes an “enduring contribution... but [its] specific arguments faltered because [they] missed the role of diverse contract types and because [it] grounded contractual freedom in a flawed rights-based view.... We can now say all rights-based arguments for contractual autonomy have failed.” The authors conclude that their proposed choice theory “approach returns analysis to the mainstream of twentieth-century (...) liberalism – a tradition concerned with enhancing self-determination that is mostly absent in contract theory today.” Perhaps the signal flaw in Contract as Promise they sought to address was the homogenization of all contract types under a single paradigm. In this Article, I defend the promise principle as the appropriate paradigm for the regime of contract law. Along the way I defend the Kantian account of this subject, while acknowledging that state enforcement necessarily introduces elements — both normative and institutional — for which that paradigm fails adequately to account. Of particular interest and validity is Dagan and Heller’s discussion of contract types, to which the law has always and inevitably recurred. They show how this apparent constraint on contractual freedom actually enhances freedom to contract. I discuss what I have learned from their discussion: that choice like languages, is “lumpy,” so that realistically choices must be made between and framed within available types, off the rack, as it were, and not bespoke on each occasion. I do ask as well how these types come into being mutate, and can be deliberately adapted to changing circumstances. (shrink)

1. John Rawls' A Theory of Justice represented a rare intellectual event. It advanced a fresh, detailed and powerful conception of political economy, and rooted that conception in an elaborately worked out political and moral philosophy. Rawls' two principles of justice, with the celebrated maximin standard of distributive justice, represent the point of departure for any serious discussion of this subject. The details of Rawls' proposal are too well known to require summary. Instead, I shall call attention to the basic (...) premise of his work and to a significant anomaly in it, as setting the stage for my own proposal. (shrink)

Book reviewed in this article: Right and Wrong. By Charles Fried. Psychotherapy versus Iatrogeny: A Confrontation for Physicians. By Nikola Schipkowensky.

An exchange of correspondence with Charles Fried. Parfit's section begins: "I am puzzled. Consider Case One: I could save either one stranger or five others. Both acts would involve a heroic personal sacrifice. I choose, for no reason, to save the one rather than the five. Fried argues: (i ) Since both acts would involve a heroic sacrifice, I could not be criticized if I chose to do neither. (2) If I could not be criticized for choosing (...) to do neither, I cannot be criticized for choosing to do one rather than the other. Therefore (3) When I choose to save the one rather than the five, my choice cannot be criticized. Fried rejects (3). Though my act is heroic, he concedes that my choice is 'perverse' and 'morally deficient.'". (shrink)

: In response to the preceding commentary by Jerry Menikoff in this issue of the Journal , the authors argue that Fried's central concern is not that randomized clinical trials (RCTs) are conducted without consent, but rather that various aspects of the design and conduct of RCTs are in tension with physicians' duties of personal care to their patients. Although Fried does argue that the existence of equipoise cannot justify failure to obtain consent from research subjects, informed consent (...) by itself does not supplant ill subjects' rights to personalized judgment and care embodied in Fried's equipoise. (shrink)

Barbara Fried takes the view that uniform taxation—that is, a single rate applicable to all income levels—cannot be defended on any grounds of justice. She goes further by saying that, of all possible rate structures, it might be “the hardest one”? to ground in “a”? theory of fairness. Using the contractarian-constitutional perspective advanced by John Rawls and James Buchanan, this article argues that tax uniformity can be seen as a requirement of justice. After modelling how the political world realistically (...) decides to distribute tax shares (self-interested parties act under a majority constraint), I show how the uniformity principle could emerge from the constitutional contract. In other words, rational individuals would choose uniformity as a procedural constraint under a “veil of uncertainty”?; that is, with limited knowledge regarding their positions under the future application of the rule. Moreover, I elucidate how the uniformity requirement integrates generalized criteria of fairness and efficiency into fiscal politics as it precludes fiscal exploitation and constrains majorities, and their most influential subgroups, to opt for policies in the direction of the Pareto frontier, and as such promotes outcomes acceptable to all participants. (shrink)

Near the beginning of Charles Baudelaire’s Salon of 1846—one of the most brilliant and intellectually ambitious essays in art criticism ever written—the twenty-five-year-old author states that “the critic should arm himself from the start with a sure criterion, a criterion drawn from nature, and should then carry out his duty with a passion; for a critic does not cease to be a man, and passion draws similar temperaments together and exalts the reason to fresh heights.”1 It may be the (...) emphasis on passion, indeed on strong personal feeling of every kind, not only here but everywhere in the Salon, that has prevented commentators from taking wholly seriously the possibility that a single criterion is in fact at work throughout it. But what if that criterion operates in the realm of feeling, if it is itself a feeling or complex of feelings, and if, moreover, as Baudelaire as much as says, no conflict between the claims of reason and of passion exists within his conception of the critical enterprise? Not that scholars have failed to recognize either the brilliance or the ambitiousness of the Salon of 1846; on the contrary, it is widely regarded as the major extrapoetic text of Baudelaire’s early career and especially in recent years has received extensive commentary. But by and large, those who have written about it have focused primarily on topics, such as Baudelaire’s conception of nature, his vision of the creative process, and the relation of his ideas to those of other critics, that seem to me, if not quite pseudoproblems, at any rate concerns that lead us to ignore what the text may be saying about its own manner of proceeding.2 I acknowledge, too, that certain features of that manner—the mixture of irony and seriousness in the opening dedication to the bourgeois, the many abrupt fluctuations of tone in the body of the essay, the seeming breaks in the argument from section to section, the texture and movement of the prose—could hardly be less systematic in effect. And yet it would not be hard to show that the Salon as a whole is the product of a remarkable effort, not merely to ground the judgment of individual works of art in a single experiential principle but also to bind together a number of diverse concerns—pictorial, literary, political, philosophical—in an intellectually coherent structure every part of which is meant to be consonant with every other. No wonder the last sentence of the Salon apostrophizes Balzac: the sheer inclusiveness of Baudelaire’s undertaking recalls nothing so much as the scope of the Comédie humaine. 1. Charles Baudelaire, Salon of 1846, Art in Paris 1845-1862: Salons and Other Exhibitions, ed. and trans. Jonathan Mayne , pp. 101-2. All further references to the Salon of 1846 will be included parenthetically in the text . I have also consulted the recent edition, Baudelaire: “Salon de 1846,” ed. David Kelley , which includes a useful introduction and bibliography.2. See, for example, Margaret Gilman, Baudelaire, the Critic , pp. 12-53 and 77-111; F. W. Leakey, “Les Esthétiques de Baudelaire: Le ‘Système’ des annés 1844-1847,” Revue des sciences humaines, n.s., fasc. 127 : 481-96, and Baudelaire and Nature , pp. 73-88; and Kelley, “Deux Aspects du Salon de 1846 de Baudelaire : La Dédicace aux bourgeois et la couleur,” Forum for Modern Language Studies 5 : 331-46, and introduction to Baudelaire: “Salon de 1846,” pp. 1-114. Michael Fried, professor of humanities and the history of art and director of the Humanities Center at the Johns Hopkins University, is the author of Morris Louis and Absorption and Theatricality: Painting and Beholder in the Age of Diderot. He is currently at work on a book on Gustave Courbet. His most recent contribution to Critical Inquiry, “The Structure of Beholding in Courbet’s Burial at Ornans,” appeared in the June 1983 issue. (shrink)

The basic disagreement between Richard Shiff and me is one of approach and ultimately of intellectual taste. What I tried to do in “Painting memories” was read Charles Baudelaire’s Salon of 1846 with a view to construing its central argument as rigorously as possible, which for me meant without appealing, except in one crucial, authorized instance, to other writings by Baudelaire or indeed anyone else. This seemed to me desirable, first, because on the strength of a long familiarity with (...) the Salon of 1846 I had become convinced that it was not the fragmented, somewhat incoherent, less than fully mature performance that many previous commentators had taken it to be but rather that it possessed a problematic consistency, even systematicness, which I wanted to explore; and second, because I had come to feel that one of the principal sources of the dreariness and predictability of much exegesis not only of that Salon but of Baudelaire’s art criticism generally was the tendency of many commentators to treat his art writing as a single, barely differentiated mass, to be supplemented when desired by selected passages from the lyric poems. Let me be as clear as I can. I am not claiming that the only fruitful approach to Baudelaire’s art criticism is to consider each of his writings in isolation from the rest. I am saying that the widespread tendency to read a particular Salon or article on the visual arts in the light of others has meant that insufficient attention has been paid to the workings of individual texts, with dismaying consequences both for our understanding of those texts and for our sense of the shape of Baudelaire’s intellectual career. Michael Fried, professor of humanities and the history of art and director of the Humanities Center at the Johns Hopkins University, is the author of Morris Louis and Absorption and Theatricality: Painting and Beholder in the Age of Diderot. He is currently at work on books on Gustave Courbet and on Thomas Eakins and Stephen Crane. His most recent contributions to Critical Inquiry are “The Structure of Beholding in Courbet’s Burial at Ornans” and “Paitnig Memories: On the Containment of the Past in Baudelaire and Manet”. (shrink)

Asa Gray , a Harvard botanist, was America's foremost interpreter and defender of the ideas of Charles Darwin and, like Darwin, a proponent of theistic evolution.

: When may a physician legitimately offer enrollment in a randomized clinical trial (RCT) to her patient? Two answers to this question have had a profound impact on the research ethics literature. Equipoise, as originated by Charles Fried, which we term Fried's equipoise (FE), stipulates that a physician may offer trial enrollment to her patient only when the physician is genuinely uncertain as to the preferred treatment. Clinical equipoise (CE), originated by Benjamin Freedman, requires that there exist (...) a state of honest, professional disagreement in the community of expert practitioners as to the preferred treatment. FE and CE are widely understood as competing concepts. We argue that FE and CE offer separable and, in themselves, incomplete justifications for the conduct of clinical trials. FE articulates conditions under which the fiduciary duties of physician to patient may be upheld in the conduct of research. CE sets out a standard for the social approval of research by institutional review boards. Viewed in this way, FE and CE are not necessarily competing notions, but rather address complementary moral concerns. (shrink)

I hope to persuade Charles Fried to think again about his developing views on distributive justice. Since I live at a certain remove from Cambridge, the best I can offer is a hypothetical dialogue with an imaginary person whose views seem, to me at least, of a Friedian inspiration. My central question deals with the way Fried establishes his rights to things he candidly concedes he does not deserve. To present my problems, I shall begin with a (...) simpler case than those – involving kidneys and talents – that Fried makes central to his discussion. Rather than starting with these rather special goods, I find it clarifying to focus first on more garden variety commodities – which, to emphasize their character, I shall call apples. (shrink)

In The Origin of Species (1859) Darwin challenged many of the most deeply-held beliefs of the Western world. Arguing for a material, not divine, origin of species, he showed that new species are achieved by "natural selection." The Origin communicates the enthusiasm of original thinking in an open, descriptive style, and Darwin's emphasis on the value of diversity speaks more strongly now than ever. As well as a stimulating introduction and detailed notes, this edition offers a register of the many (...) writers referred to by Darwin in the text. (shrink)

The book examines disabled figures in Harriet Beecher Stowe's Uncle Tom's Cabin and Rebecca Harding Davis's Life in the Iron Mills, in African-American novels by Toni Morrison and Audre Lorde, and in the popular cultural ritual of the freak ...

Familiarity with Charles Darwin's treatise on evolution is essential to every well-educated individual. One of the most important books ever published--and a continuing source of controversy, a century and a half later--this classic of science is reproduced in a facsimile of the critically acclaimed first edition.

The present edition provides a detailed and accessible discussion ofhis theories and adds an account of the immediate responses to the book on publication.

Excerpt from Wissen, Glaube und Ahndung Ich habe an; einem andern Orte, reinhold Fichte und Schelling 1, ]i den; f_unt'e1{s chied des arbeit Ma1en platonisehen'nogrnatisrnugx und deanfleiesigen; Kriticiemus 511159in hier - mu ichbemmv. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the (...) aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Objective: To examine current research payment practices and to inform development of clearer guidelines for researchers and ethics committees.Design: Exploratory email based questionnaire study of current research participant reimbursement practices. A diverse sample of organisations and individuals were targeted.Setting: Australia.Participants: Contacts in 84 key research organisations and select electronic listservers across Australia. A total of 100 completed questionnaires were received with representations from a variety of research areas .Main measurements: Open-ended and fixed alternative questions about type of research agency; type (...) of research; type of population under study; whether payment is standard; amounts and mechanisms of payment; factors taken into account when deciding on payment practices; and whether payment policies exist.Results: Reimbursement practice is highly variable. Where it occurs it is largely monetary and is for time and out-of-pocket expenses. Ethics committees were reported to be often involved in decision making around reimbursement.Conclusions: Research subject payment practices vary in Australia. Researchers who do provide payments to research participants generally do so without written policy and procedures. Ethics committees have an important role in developing guidelines in this area. Specific guidelines are needed considering existing local policies and procedures; payment models and their application in diverse settings; case study examples of types and levels of reimbursement; applied definitions of incentive and inducement; and the rationale for diverse payment practices in different settings. (shrink)

Should engineering ethics be taught? Despite the obvious truism that we all want our students to be moral engineers who practice virtuous professional behavior, I argue, in this article that the question itself obscures several ambiguities that prompt preliminary resolution. Upon clarification of these ambiguities, and an attempt to delineate key issues that make the question a philosophically interesting one, I conclude that engineering ethics not only should not, but cannot, be taught if we understand “teaching engineering ethics” to mean (...) training engineers to be moral individuals (as some advocates seem to have proposed). However, I also conclude that there is a justification to teaching engineering ethics, insofar as we are able to clearly identify the most desirable and efficacious pedagogical approach to the subject area, which I propose to be a case study-based format that utilizes the principle of human cognitive pattern recognition. (shrink)

This very short introduction will first outline how ontological investigations and questions of practice go together. The second section will bring in the next pole of this entire book, history of mathematics. How do ontology, practice, and history go together? Is this a forced marriage or one born in true love? That is, do these three belong together in some very basic way? One chapter in the section argues that the philosophy of mathematical practice intersects with the history of mathematics (...) essentially. If the first section of this introduction is persuasive that will also show that the history of mathematics intersects with ontological questions as well, specifically, that historical questions are very much about the ontological commitments of past mathematicians. The last section will take up what might seem a very different theme, namely, how these things matter to mathematics education. This section is connected closely to the second section since mathematics education has taken an interest in the role of history of mathematics in mathematics education, and much insight can be gained by seeing the issues in relation to the ontology-practice-history triad. The question of education is also important since teachers must consider what it is exactly that they are teaching, or, to adapt the title of Reuben Hersh’s well-known book, “What is mathematics really about?” And the “aboutness” of mathematics is really the ontological question. (shrink)

David Charles presents a major new study of Aristotle's views on meaning, essence, necessity, and related topics. These interconnected views are central to Aristotle's metaphysics, philosophy of language, and philosophy of science, and are also highly relevant to current philosophical debates. Charles aims to reach a clear understanding of Aristotle's claims and arguments, to assess their truth, and to evaluate their importance to ancient and modern philosophy.