In this article, I limn the remarkable ascent of Albert Einstein and Wassily Kandinsky into our cultural pantheon. I depict how both figures mastered and transcended their respective fields, and how they called into question long-established disciplinary assumptions and practices. I also demonstrate how the creative works of Einstein and Kandinsky constructed, and were constructed by, the reality we now call "modern.".
Medical technology, specialization, and the corporatization of health delivery systems in the late twentieth century have all helped give birth to an unwelcome but unavoidable responsibility for individuals with family or friends—serving as a health care proxy. The responsibility comes without monetary compensation, is often involuntary, and lacks any real guidelines beyond the duty to make life-and-death decisions in circumstances over which the proxy has little control.The parameters of the proxy's job have evolved somewhat awkwardly in statutes and case law, (...) as lawmakers and judges have tried to apply conventional concepts to novel circumstances. This article examines the legal and functional status of the proxy, as well as the strengths and weaknesses of current public policy as reflected by state advance directive and surrogate decision-making laws. The first section of the article provides a historical perspective of our current notions of agency law as relevant to health care proxies. (shrink)
Gilead et al.'s approach to human cognition places abstraction and prediction at the heart of “mental travel” under a “representational diversity” perspective that embraces foundational concepts in cognitive science. But, it gives insufficient credit to the possibility that the process of abstraction produces a gradient, and underestimates the importance of a highly influential domain in predictive cognition: language, and related, the emergence of experientially based structure through time.
Medical technology, specialization, and the corporatization of health delivery systems in the late twentieth century have all helped give birth to an unwelcome but unavoidable responsibility for individuals with family or friends—serving as a health care proxy. The responsibility comes without monetary compensation, is often involuntary, and lacks any real guidelines beyond the duty to make life-and-death decisions in circumstances over which the proxy has little control.The parameters of the proxy's job have evolved somewhat awkwardly in statutes and case law, (...) as lawmakers and judges have tried to apply conventional concepts to novel circumstances. This article examines the legal and functional status of the proxy, as well as the strengths and weaknesses of current public policy as reflected by state advance directive and surrogate decision-making laws. The first section of the article provides a historical perspective of our current notions of agency law as relevant to health care proxies. (shrink)
State law requirements for health care advance directive documents were reviewed in every state and the District of Columbia to determine whether they are consistent and/or flexible enough to permit the utilization by the public of “universal” advance directive forms, specifically a health care power of attorney, that would be valid under every state's advance directive statutes. Such documents would have to overcome the wide variability of state legal formalities for validity. If this could be accomplished, the public would benefit (...) from having a variety of multi-state or truly universal forms available that could be used with confidence in their validity.The review found that a basic, multi-state health care power of attorney appears to be feasible in 41 States and the District of Columbia, compared to 36 states and the District in 2005. Only nine states prevent recognition of a truly universal form. Some barriers were surmountable, including differing agent and witness requirements, execution requirements, and effectiveness triggers. Other barriers were insurmountable, including mandatory forms, mandatory disclosures, and decision-specific language requirements. The strategies identified for overcoming some barriers can be used by lawyers in drafting true multi-state directives. More importantly, states should simplify state advance directive laws to facilitate a more meaningful communication model of advance care planning. (shrink)
This article details the results of a national survey conducted in 1999 of statewide laws and protocols providing for the creation and recognition of donot- resuscitate orders effective in nonhospital settings. Applicable primarily to emergency medical services personnel, most of these laws and protocols have been in existence for less than ten years, and there is little current comparative information on them. Such policies are commonly called out-of-hospital or prehospital DNR orders, although one state-Virginia-recently amended its DNR law to establish (...) a durable DNR order applicable to all health care providers and all settings. I will refer to the laws and policies examined here interchangeably as out-of hospital DNR protocols or EMS-DNR protocols. The survey produced a descriptive snapshot of such laws and protocols in effect on a statewide basis as of March 1999. (shrink)
This article details the results of a national survey conducted in 1999 of statewide laws and protocols providing for the creation and recognition of donot- resuscitate orders effective in nonhospital settings. Applicable primarily to emergency medical services personnel, most of these laws and protocols have been in existence for less than ten years, and there is little current comparative information on them. Such policies are commonly called out-of-hospital or prehospital DNR orders, although one state-Virginia-recently amended its DNR law to establish (...) a durable DNR order applicable to all health care providers and all settings. I will refer to the laws and policies examined here interchangeably as out-of hospital DNR protocols or EMS-DNR protocols. The survey produced a descriptive snapshot of such laws and protocols in effect on a statewide basis as of March 1999. (shrink)
The vector product method developed in previous articles for space rotations and Lorentz transformations is extended to the cases of four-vectors, anti-symmetric tensors, and their transformations in Minkowski space. The electromagnetic fields are expressed in “six-vector” form using the notationH +iE, and this vector form is shown to be relativistically invariant. The wave equations of electromagnetism are derived using these vector products. The following three equations are deduced, which summarize electrodynamics in a compact form: (1) Maxwell's four equations expressed as (...) one, (2) the scalar and vector potential wave equations combined into one relation, and (3) the wave equations for the electric and magnetic fields and the continuity equation combined together. Space inversion, time reversal, and magnetic monopoles are also treated. (shrink)
Calls for greater corporate responsibility have resulted in the creation of various extralegal mechanisms to shape corporate behavior. The number and popularity of corporate responsibility standards has grown tremendously in the last three decades. Current estimates suggest there may be over 300 standards that address various aspects of corporate behavior and responsibility (e. g., working conditions, human rights, protection of the natural environment, transparency, bribery). However, little is known about how these standards relate directly to the notion of peace through (...) commerce and the reduction of violent conflict in the world. This article explores the relationship between corporate responsibility standards and peace through commerce. After a summary of the current state of standards with respect to the creation of peace and the reduction of violent conflict, I explore concerns regarding the effectiveness of standards in shaping corporate behavior and the potential future role standards could have in creating peace through commerce. (shrink)
Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confront, the author delivers a complete occupational profile for the professional conduct of judges and lawyers. This text challenges current beliefs and suggests a return to the "roots" of the system, in which reason, virtue, and justice guide the law and its practice.
Aquinas and the idea of law -- Aquinas on criminal culpability -- Crimes against the person -- Aquinas on sexual offenses -- Aquinas on property offenses -- Offenses involving judicial process -- Aquinas on offenses against public morality -- Law, justice, sentencing and punishment.
Few studies exist which look at psychological factors associated with physician sexual misconduct. In this study, we explore family dysfunction as a possible risk factor associated with physician sexual misconduct. Six hundred thirteen physicians referred to a continuing medical education (CME) course for sexual misconduct were administered the FACES-II survey, a validated and reliable measure of family dynamics. The survey was part of a self-learning activity. We collected data from February 2000 to February 2009. Participants were predominantly white, middle-aged males (...) who represented the full range of medical specialties. Their results were compared against a sample of 177 physicians. The FACES-II is a self-report test that measures family of origin (the family in which one was raised) dynamics on two dimensions (1) flexibility, ranging from too flexible (chaotic) to not flexible enough (rigid) and (2) cohesion ranging from too close (enmeshed) to not close enough (disengaged). The most common family pattern observed among physicians accused of sexual misconduct was rigid flexibility paired with disengaged cohesion, indicative of unhealthy family functioning. This pattern was significantly different than the pattern observed in the comparison group. Physicians who engage in sexual misconduct are more likely to have family of origin dysfunction. Ethics is developmental and learned in one’s family of origin. Family of origin dynamics may be one risk factor predisposing one to ethical violations. These findings have important implications for screening, education, and treatment across the medical education continuum. (shrink)
Kant's revolution in methodology limited metaphysics to the conditions of possible experience. Since, following Hume, analysis—the “method of discovery” in early modern physics—could no longer ground itself in sense or in God's constituting reason a new arché, “origin” and “principle,” was required, which Kant found in the synthesis of the productive imagination, the common root of sensibility and understanding. Charles Bigger argues that this imaginative “between” recapitulates the ancient Gaia myth which, as used by Plato in the Timaeus, offers (...) a way into this originary arché. Since it depends on myth and the “likely story” rather than on a self-certain apprehension of Being, this facilitates an imaginative approach to the natural sciences which, through its synthetic a priori formations, can claim to be Kantian. Bigger explores Kant's ethics as an alternative to metaphysics that holds open the prospect of a Good beyond Being—and phenomenology—whose traces nevertheless appear in original synthesis. Though wary of its reductive implications, Bigger uses Derrida's difference, a medial, feminine arché, as a way into this creative and procreative metaxu. As Emmanuel Levinas suggests, this is Plato's gap [chaos] between being and becoming, whose possibility, beyond both, lies in chora and the Good. This Open also presents the possibility for a new, yet still Kantian, understanding of the formal and material conditions for the natural sciences. (shrink)
Plato's chora as developed in the Timaeus is a creative matrix in which things arise and stand out in response to the lure of the Good. Chora is paired with the Good, its polar opposite; both are "beyond being" and the metaphors hitherto thought to disclose the transcendent. They underlie Plato's distinction of a procreative gap between being and becoming. The chiasmus between the Good and chora makes possible their mutual participation in one another. This gap makes possible both phenomenological (...) and cosmological interpretations of Plato. Metaphor is restricted to beings as they appear in this gap through the crossing of metaphor's terms, terms that dwell with, rather than subulate, one another. Hermeneutically, through its "is" we can see something being engendered or determined by that crossing. Bigger's larger goal is to align the primacy of the Good in Plato and Christian Neoplatonism with the creator God of Genesis and the God of love in the New Testament. (shrink)